N.D. v. C.N.

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2022-0429, N.D. v. C.N., the court on November
15, 2022, issued the following order:

Having considered the brief and record submitted on appeal, the court
concludes that oral argument is unnecessary in this case, see Sup. Ct. R. 18(1),
and that the defendant has not established reversible error, see Sup. Ct. R. 25(8);
Gallo v. Traina, 166 N.H. 737, 740 (2014). We note that, although the defendant
raises a number of arguments regarding the admissibility of evidence at trial
under the rules of evidence, the New Hampshire Rules of Evidence do not apply
in this case. See RSA 173-B:3, VIII (2022) (providing that the technical rules of
evidence do not apply in proceedings under RSA chapter 173-B, and that the
trial court may admit any evidence it considers relevant and material); RSA
633:3-a, III-a (2016) (providing that, in civil stalking proceedings, “the procedures
and burdens of proof . . . shall be the same as those set forth in RSA 173-B”);
N.H. R. Ev. 1101(d)(3) (providing that the New Hampshire Rules of Evidence do
not apply in “civil domestic violence and stalking proceedings”). Additionally, we
note that the defendant argues that the trial judge was biased against him.
However, based upon our review of the record, we cannot conclude either that a
reasonable person would have questioned the judge’s impartiality, or that any
factors that would have per se disqualified her were present. See State v. Bader, 148 N.H. 265, 268-71 (2002).

Affirmed.

MacDonald, C.J., and Hicks, Bassett, Hantz Marconi, and Donovan, JJ.,
concurred.

Timothy A. Gudas,
Clerk