HB 368 – AS INTRODUCED
2005 SESSION
09/04
HOUSE BILL 368
AN ACT relative to limiting the sworn testimony of witnesses.
SPONSORS: Rep. Buxton, Rock 10; Rep. Dodge, Rock 9
This bill establishes that in any trial or hearing before any tribunal, the judge or presiding officer shall not limit the sworn testimony of a witness unless the trial or hearing records show that a portion of the testimony was excluded and, if it is a jury trial, unless the jury is informed of the exclusion.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0849
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to limiting the sworn testimony of witnesses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose. The purpose of this act is to:
I. Clarify for all persons involved in any trial or hearing whether the testimony given by witnesses is the whole truth or only part of the truth.
II. Recognize that the oath taken by any witness in this state includes the words “to tell the truth, the whole truth, and nothing but the truth.”
2 New Subdivision; Limitations on Testimony of Witnesses. Amend RSA 516 by inserting after section 37 the following new subdivision:
Limitations on Testimony of Witnesses
516:38 Limitations On Sworn Testimony of Witnesses. In any trial or hearing before any tribunal, the judge or presiding officer shall not cause any portion of the relevant facts to be excluded from any witness’ sworn testimony, unless the record of the proceeding indicates the exclusion and, if the proceeding is a jury trial, unless the jury is informed of the exclusion. The only test concerning the testimony of a witness shall be relevancy and truthfulness.
3 Effective Date. This act shall take effect January 1, 2006.