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Bar News - June 8, 2001 Supreme Court Approves Rules for All Levels of Courts THE FOLLOWING IS a Supreme Court order issued May 16, 2001, for rules changes that will take effect Aug. 1, 2001. Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves amendments to Supreme Court Rule 23 as set forth in Appendix A; amendments to Supreme Court Rule 47(3) as set forth in Appendix B; amendments to Supreme Court Rule 48(3) as set forth in Appendix C; amendments to Superior Court Rule 77-B as set forth in Appendix D; amendments to Superior Court Rule 111 as set forth in Appendix E; repeal of Superior Court Rules 144 through 160, repeal of the Superior Court Rules Regulating the Practice in Domestic Relations, and adoption of new Superior Court Rules 172 through 213, all as set forth in Appendix F; amendments to Superior Court Administrative Rule 1-6 as set forth in Appendix G; amendments to Superior Court Administrative Rule 3-1 as set forth in Appendix H; repeal of Superior Court Administrative Rules 3-3 d and 3-3 e as set forth in Appendix I; repeal of District and Municipal Court Rule 3.2 C as set forth in Appendix J; amendments to District and Municipal Court Rule 3.24 as set forth in Appendix K; amendments to Professional Conduct Rule 7.2 as set forth in Appendix L; amendments to Professional Conduct Rule 7.3 as set forth in Appendix M; and repeal of Probate Court Rules 1 through 52 and repeal of the Guidelines for Processing and Disposition of Termination of Parental Rights Cases as set forth in Appendix N. Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves, on a temporary basis, adoption of a new Preface to the Probate Court Rules and new Probate Court Rules 1 through 171 as set forth in Appendix O. On or after August 1, 2002, the Advisory Committee on Rules shall undertake a review of the operation and effect of said temporary rules. On or before February 1, 2003, the Advisory Committee on Rules shall report to the supreme court whether it recommends that said temporary rules should be made permanent, and, if so, whether any changes should be made. These amendments shall take effect on August 1, 2001. May 16, 2001 Editor’s note: The following is an unofficial explanatory list of the rules changes, developed by Bar News staff. To read the full text of these appendices, see http://www.state.nh.us/courts/supreme/orders/ordr0516.htm. Supreme Court Rules 23, 47 (3), 48 (3): Pertaining to costs and reimbursement for appellate filings. Superior Court Rule 77-B: Adding a new paragraph concerning communications with jurors or the jury venire. Attorneys and parties are barred from any communications with jurors regarding the trial, verdict or deliberations for 30 days, and a judge, "as justice may require," may issue a protective order. Superior Court Rule 111: Petition for approval of settlement on behalf of minors has been rewritten, specifying how approval is to be secured. (Net settlement amounts of $10,000 or less do not require court approval.) The rule also specifies what such petitions must include, and provides specifications for structured settlements. Repeal of Superior Court Rules 144-160: Replace with a new section labeled "Rules for Regulating the Practice in Domestic Relations" consisting of Superior Court rules 172 through 213. These rules replace domestic relations rules adopted on a temporary basis on March 6, 1998, and amended last year. The rules govern: initial pleadings, filing and service; responsive pleadings; emergency orders; third-party practice; pre-trial caseflow management; required documents; enforcement; final decrees; and guardians ad litem. Superior Court Administrative Rule 1-6: A new rule governing authority of clerks. Superior Court Administrative Rule 3-1: A new rule regarding appeal transcripts. Superior Court Administrative Rules 3-3 and 3-3e: Repealed. District and Municipal Court Rule 3-2 c: Repealed. Amend District Court Rule 3.24, Petition for Approval of Settlement on Behalf of Minors (provisions parallel Superior Court Rule 111). Professional Conduct Rule 7.2: New rule regarding advertising. Professional Conduct Rule 7.3: New rule regarding solicitation.
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