On Jan. 21, 2005, the NH Supreme Court issued a new set of rule revisions covering a variety of areas. With the exception of rules allowing the appointment of "referees" in the family division along the lines of those appointed in the superior court, all of the rules take effect March 1, 2005.

Of practical interest to all Bar members who do trial work, each of the trial courts has adopted a policy to address conflicts in scheduling that occur when an attorney or party is scheduled to appear in more than one court. With certain exceptions such as a jury trial or supreme court argument, the scheduled appearance or proceeding that was scheduled first shall take precedence.

The court also revised a number of filing fees and electronic records searches affecting all levels of the courts.

Marital Masters are the subject of several rule changes aimed at reconciling court rules and statutory changes regarding marital masters, who are now initially appointed by the Governor and subject to confirmation by the Executive Council. Marital masters will be nominated following a screening process conducted by the judicial branch and will serve for an initial three-year term, with reappointments made by the superior court for five-year terms.

The Court also issued an amended version of Professional Conduct Rule 8.5 regarding choice of law for attorney discipline and clarifying that the conduct rules will apply to non-lawyer representatives. (See redlined version comparing the amended version with the current rule.)

The following is the Supreme Court listing the rules changes and referring to the appendices containing the text of the changes. Read the complete order at www.courts.state.nh.us/supreme/orders/20050121ord.htm.

NH Supreme Court Order

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves adoption of:

Superior Court Rule 49-A as set forth in Appendix A; amendments to Superior Court Rule 169, in part on a temporary basis, as set forth in Appendix B; amendments to Superior Court Administrative Rule 12-1 on a temporary basis as set forth in Appendix C; amendments to Superior Court Administrative Rule 12-2 on a temporary basis as set forth in Appendix D; amendments to Superior Court Administrative Rule 12-3 on a temporary basis as set forth in Appendix E; amendments to Superior Court Administrative Rule 12-5 on a temporary basis as set forth in Appendix F; amendments to Superior Court Administrative Rule 12-6 on a temporary basis as set forth in Appendix G; amendments to Superior Court Administrative Rule 12-7 on a temporary basis as set forth in Appendix H; amendments to District Court Rule 3.3 as set forth in Appendix I; amendments to Probate Court Rule 49-A as set forth in Appendix J; amendments to Probate Court Rule 169(I) on a temporary basis as set forth in Appendix K; adoption of Family Division Pilot Project Rule 11 on a temporary basis as set forth in Appendix L; and amendments to Rules of Professional Conduct, Rule 8.5 as set forth in Appendix M.

The amendments in Appendix L shall take effect immediately. The amendments in the remaining appendices shall take effect on March 1, 2005. The temporary amendments set forth in Appendices B, C, D, E, F, G, H, K, and L shall be referred to the Advisory Committee on Rules for consideration of whether they should be adopted on a permanent basis.

Continue to: Professional Conduct Rule 8.5 Revised.

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