§ 517:14-c — Court Order

If the justice determines that the allegations of the petition are substantiated by the petition itself or by any other evidence, he shall issue an order requiring that the person whose deposition is sought present himself at a fixed time and date before a justice of the superior court of the county in which the trial will be held for the purpose of giving his deposition. Said order shall also require the defendant and his counsel to be present at the taking of the deposition. If the defendant is without counsel at the time the petition under RSA 517:14-b is filed, the court shall be notified of such in the petition and shall appoint counsel to represent the defendant at the deposition. For the purposes of this section, counsel who represented the defendant at a probable cause hearing shall continue to represent the defendant at such deposition unless the defendant obtains new counsel.

Legislative History

1971, 209:1, eff. Aug. 17, 1971.