NH Law About ...: Hastings Sixty-Day Rule: Read The Law About ...

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New Hampshire Statutes

New Hampshire Cases

When researching this topic, look also for the phrases "pre-indictment delay" and "pre-accusation delay."

State v. Hastings, 120 N.H. 454 (1980)
"We can see no reason why an indictment should not be brought within sixty days from the date of an arrest. If it is not, it will be the State's burden to demonstrate that the delay has not been unreasonable."
State v. Hughes. 135 N.H. 413 (1992)
"We find that the sixty-day rule enunciated in Hastings has served its purpose and we see no reason to continue the arbitrary time limitation for indictment. In terminating the sixty-day rule, we do not intend to dilute the spirit of Hastings, and we strongly recommend continued vigilance to protect the right to prompt indictment."
State v. Knickerbocker, 152 NH 467 (2005)
'[T]he test for a due process violation under the State Constitution based upon pre-indictment delay is that … : “[T]he defendant must initially show that actual prejudice has resulted from a delay. Once such a showing has been made, the trial court must then balance the resulting prejudice against the reasonableness of the delay.”'

New Hampshire Court Rules

New Hampshire Rules of Criminal Procedure
See Part III, Charging Documents in Superior Court

Please remember that this guide is for information purposes only and is not comprehensive.
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use.
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