New Hampshire Jury System: Selection, Duties, and Service

New Hampshire's jury system operates as a constitutional pillar of both civil and criminal adjudication within the state's court structure. Governed by Article 20 of the New Hampshire Constitution and administered through the New Hampshire Judicial Branch, jury service represents a formal civic obligation with defined eligibility standards, selection procedures, and deliberative duties. This reference covers the legal framework, selection mechanics, juror responsibilities, and the boundaries distinguishing state jury practice from federal and other adjacent processes.

Definition and scope

The New Hampshire jury system encompasses two primary jury types: the grand jury and the petit (trial) jury. The grand jury functions as an investigative and indictment body in criminal proceedings, while the petit jury deliberates on facts in both criminal and civil trials. Under New Hampshire Revised Statutes Annotated (RSA) Chapter 500-A, the state establishes the complete statutory framework for jury selection, qualification, exemptions, and compensation.

Jury service in New Hampshire applies to all adult residents summoned through the Judicial Branch's juror management process. The New Hampshire Superior Court handles most jury trials for felony criminal cases and major civil matters, while the New Hampshire Circuit Court addresses a range of lower-level proceedings, some of which may involve jury determinations depending on the nature of the claim or charge.

Scope and coverage limitations: This page addresses jury service as governed by New Hampshire state law and the New Hampshire Judicial Branch. It does not cover federal jury service, which falls under the United States District Court for the District of New Hampshire and is governed by 28 U.S.C. § 1861 et seq. (the Jury Selection and Service Act). Proceedings in federal courts in New Hampshire follow distinct qualification, summons, and compensation structures not addressed here. Additionally, jury processes specific to specialty courts — such as those described on the New Hampshire Drug Court and Specialty Courts page — may differ from standard jury procedures.

How it works

The jury selection process under RSA 500-A proceeds through a defined sequence:

1. Master juror list compilation — The Judicial Branch compiles a master list from voter registration records, driver's license records, and state identification records, as authorized by RSA 500-A:3.
2. Random summons — Prospective jurors are randomly selected from the master list and issued a summons requiring appearance at a designated court.
3. Qualification screening — Summoned individuals must be U.S. citizens, at least 18 years of age, residents of the relevant county, able to communicate in English, and free from disqualifying factors such as a felony conviction without restored civil rights (RSA 500-A:7).
4. Voir dire examination — Attorneys and the presiding judge question prospective jurors to identify bias or conflict. Each side may exercise a defined number of peremptory challenges — in New Hampshire Superior Court criminal trials, the defense receives 15 peremptory challenges and the prosecution receives 8 in capital cases (RSA 606:3).
5. Empanelment — Selected jurors are sworn in and instructed on their obligations of impartiality and confidentiality.
6. Deliberation — Following presentation of evidence and closing arguments, jurors deliberate privately to reach a verdict.

Juror compensation is set at $10 per day for the first 10 days of service, increasing to $25 per day thereafter, per RSA 500-A:15. Employers are not required under state law to pay employees during jury service, though termination or coercion related to jury duty is prohibited under RSA 500-A:14.

The full regulatory and procedural context for how jury processes intersect with broader court governance is addressed at /regulatory-context-for-newhampshire-us-legal-system.

Common scenarios

Criminal jury trials at the Superior Court level involve 12-member juries deciding guilt beyond a reasonable doubt in felony cases. A unanimous verdict is required under New Hampshire law and Article 20 of the state constitution.

Civil jury trials require a minimum of 6 jurors in New Hampshire Superior Court civil proceedings, with 5 of 6 jurors (or 10 of 12 in larger panels) needing to agree on a verdict under RSA 519:23-a. This contrasts with criminal proceedings, where unanimity is an absolute requirement.

Grand jury proceedings occur before a 23-member panel empaneled at the Superior Court level. Grand juries review whether probable cause exists to issue a formal indictment in felony matters. These proceedings are closed to the public and operate under distinct procedural rules compared to petit jury trials — jurors hear evidence without the opposing party present, and deliberations require a concurrence of at least 12 members to return a true bill (indictment) under RSA 600:1.

Hardship exemptions and deferrals arise when prospective jurors demonstrate significant financial, medical, or caregiving burdens. The Judicial Branch evaluates these on a case-by-case basis. Statutory exemptions under RSA 500-A:12 include active military personnel deployed outside the county and individuals who have served on a jury within the prior three years.

The broader landscape of New Hampshire criminal procedure and civil procedure rules provides additional procedural context for how jury trials are embedded in litigation workflows.

Decision boundaries

Distinguishing grand jury from petit jury authority is a threshold question in criminal procedure. A grand jury returns indictments; it does not determine guilt. A petit jury determines facts at trial. Neither body sets law — that function belongs to the court.

Juror conduct is subject to post-trial review. Juror misconduct, including improper external communication or concealment of bias during voir dire, can form the basis of a motion for a new trial under New Hampshire Superior Court Rules. The New Hampshire Supreme Court has addressed juror misconduct standards in appellate review.

Alternate jurors are seated in extended trials to replace jurors who become unavailable before deliberations begin. Once deliberations commence, alternates are discharged and do not participate in verdict formation.

The New Hampshire jury system intersects with broader questions of civil rights in adjudication, addressed more fully at New Hampshire Civil Rights Legal Framework. Questions involving the annulment of criminal records — which may affect a former juror's restored eligibility — are addressed at New Hampshire Expungement and Annulment of Records.

For a full orientation to how these institutions fit within New Hampshire's legal services landscape, the /index provides the primary structural overview of this reference authority.

References

• New Hampshire Revised Statutes Annotated, Chapter 500-A (Juries)
• New Hampshire Judicial Branch — Juror Information
• New Hampshire Constitution, Article 20 (Trial by Jury)
• New Hampshire RSA 606:3 (Peremptory Challenges)
• New Hampshire RSA 600:1 (Grand Jury)
• United States District Court for the District of New Hampshire — Jury Service
• 28 U.S.C. § 1861, Jury Selection and Service Act — Cornell Legal Information Institute