RULES OF THE SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE

    108. 1. Each such application shall specify in detail the facts relied on for the granting of the application, and shall be signed and sworn to by the applicant.

        2. The application shall bear the same name and number as the case in which the original sentence was entered and shall be filed therein.

        3. The Clerk shall issue an order of notice directed to the Attorney General for the State of New Hampshire. He shall within 7 days, after the filing of the application, send a copy thereof, and of the order attested by him, to the Attorney General, and also to the County Attorney for the County where the application is filed. The Clerk shall charge the applicant the same fees for the entry and order of notice as in equity cases; provided, however, that he shall waive such fees if there is filed with the application a proper affidavit proving the indigency of the person previously sentenced. The Clerk shall send a copy of the application to the Probation Department, together with a request for the report that the statute requires from the Probation Officer.

        4. The Attorney General shall, on or before the return day, file a statement as to his position with reference to the application, specifying his reasons, and stating whether or not he wishes to be heard. The Attorney General may act by himself, through his office, or through the County Attorney.

        5. A hearing shall be scheduled on each such application at which the person previously sentenced, and if he is not the applicant, the applicant, must appear; provided, however, that the Court shall have the right to waive the presence of the applicant and/or the person previously sentenced, and grant the application without a hearing if there is no opposition. (See Appendix for Court Order.)