HB368 (2005) Detail

Relative to limiting the sworn testimony of witnesses.


HB 368 – AS INTRODUCED

2005 SESSION

05-0849

09/04

HOUSE BILL 368

AN ACT relative to limiting the sworn testimony of witnesses.

SPONSORS: Rep. Buxton, Rock 10; Rep. Dodge, Rock 9

COMMITTEE: Judiciary

ANALYSIS

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.

Links

HB368 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB368 Revision: 8827 Date: Jan. 21, 2010, midnight

Docket