RSA 517:14-b: Petition to Superior Court.

The prosecution desiring to take the deposition of such witness shall present a petition to any justice of the superior court, which petition shall be in writing and under oath, briefly setting forth facts which indicate that the requirements of RSA 517:14-a, I and II have been satisfied. The justice may grant the petition upon receipt thereof or may require further evidence of its allegations. If further evidence is required, such evidence may be received without notice to or appearance by the defendant or his counsel.