This bill amends RSA 526:4 to create an exception to the existing 3-year timeframe for filing a petition for a new trial. The current law stipulates that a new trial shall not be granted unless the petition is filed within three years after the judgment or failure of the suit. The new language introduces a provision that allows for an extension of this timeframe under specific circumstances. These circumstances include cases where the petitioner is seeking a new trial in a criminal case resulting in a felony or class A misdemeanor conviction, is either incarcerated or subject to the terms of a sentence, and alleges the existence of newly discovered evidence.

Additionally, the bill defines "newly discovered evidence" to encompass evidence that can undergo new forensic testing or is based on new scientific understanding, as well as evidence that was inadmissible at the time of trial but is admissible when the petition is filed. The bill clarifies that it does not intend to alter the standard for granting a motion for a new trial as outlined in RSA 526:1. The act is set to take effect on January 1, 2026, and its fiscal impact is indeterminable, potentially affecting the judicial and correctional systems.

Statutes affected:
Introduced: 526:4