Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51(7), the Supreme Court of New Hampshire approves, as technical amendments, amendments to Supreme Court Rule 28 as set forth in Appendix A; Superior Court Rule 168 as set forth in Appendix B; the Procedures Under RSA 524:6-a as set forth in Appendix C; Superior Court Administrative Rule 1-6, IV as set forth in Appendix D; Superior Court Administrative Rule 12-14 B (1) and (2) as set forth in Appendix E; and Superior Court Administrative Rule 12-14 C as set forth in Appendix F.

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, a clarifying amendment to Superior Court Administrative Rule 12-9, which was previously amended on a temporary basis by order dated February 5, 2001. The clarifying amendment is set forth in Appendix G. The temporary amendment adopted on February 5, 2001, and this clarifying amendment shall both be referred to the advisory committee on rules for consideration as to whether they should be adopted as permanent amendments to Rule 12-9.

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, an amendment to Probate Court Rule 14, which was adopted on a temporary basis by order dated May 16, 2001. The amendment is set forth in Appendix H. This amendment shall be referred to the advisory committee on rules and shall be considered by the committee during its review of the probate court rules that is to be undertaken pursuant to this court’s order dated May 16, 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 33(2) as set forth in Appendix I; Supreme Court Rule 37(6) as set forth in Appendix J; Supreme Court Rule 37A(3)(c) as set forth in Appendix K; Supreme Court Rule 37A(3)(d)(4) as set forth in Appendix L; Supreme Court Rule 37A(6) as set forth in Appendix M; Supreme Court Rule 40(3)(i) as set forth in Appendix N; Supreme Court Rule 40(3-a)(k) as set forth in Appendix O; Supreme Court Rule 41 as set forth in Appendix P; Supreme Court Rule 42(7)(b) as set forth in Appendix Q; Supreme Court Rule 51 B as set forth in Appendix R; Superior Court Rule 14 as set forth in Appendix S; District and Municipal Court Rule 1.3 D as set forth in Appendix T; District and Municipal Court Rules 5.1 through 5.12 as set forth in Appendix U; Professional Conduct Rule 8.1 as set forth in Appendix V; Professional Conduct Rule 8.5 as set forth in Appendix W; Rule of Evidence 803(6) as set forth in Appendix X; Rule of Evidence 902(11) as set forth in Appendix Y; and Rule of Evidence 902(12) as set forth in Appendix Z.

The amendments to Superior Court Rule 168 (Appendix B), the Procedures Under RSA 524:6-a (Appendix C), Superior Court Administrative Rule 1-6, IV (Appendix D), Superior Court Administrative Rule 12-14 B (1) and (2) (Appendix E), Superior Court Administrative Rule 12-14 C (Appendix F), and Superior Court Administrative Rule 12-9 (Appendix G) shall take effect immediately. (Editor’s note: See appendices below). The other amendments shall take effect on January 1, 2002.

October 17, 2001
ATTEST: Howard J. Zibel, Clerk
Supreme Court of New Hampshire

Amend Superior Court Rule 168 by deleting the reference to Rule 151 and replacing it with a reference to Rule 210, so that said rule as amended shall read as follows:

All non-jury cases, civil and equity, other than marital cases which are covered by Rule 210, which shall have been pending upon the docket for three years, without any action being shown on the docket other than being placed on the trial list, shall be marked "non-suit" or "dismissed" as the case may be, and notice thereof sent to the attorneys.

Amend the Procedures Under RSA 524:6-a in the Superior Court Rules by deleting the reference to Rule 158 in the fourth paragraph and replacing it with a reference to Rule 197, so that said Procedures as amended shall read as follows:

A judgment creditor seeking an order for weekly payments under RSA 524:6-a must file a petition with the Clerk setting out specific grounds for relief. Issuance of a Writ of Execution need not be a preliminary step to the weekly payment process.

Upon the filing of such a petition, an order of notice will issue requiring the judgment debtor to appear at a time and date named therein and submit to an examination relative to his property and ability to pay said judgment.

Said order of notice shall be served by an officer qualified to serve civil process, by delivering in hand to the debtor an attested copy thereof, at least fourteen days before the return day to which the petition is returnable. If such service is not so made, the Court may order further or other notice.

On hearing, the judgment debtor will submit an affidavit similar to one required under Rule 197 and will be examined under oath as to his property and ability to pay. Either party may introduce oral and written evidence as the Court deems relevant. Technical rules of evidence will not apply.

If the debtor fails to appear at the hearing, the Court may proceed and orders may be made in his absence.

If the Court finds that the debtor has no property then exempt from attachment or execution and is unable to make weekly payments on the judgment, or if the creditor fails to appear at the hearing, the petition will be dismissed.

If the Court is satisfied that the debtor has property not exempt from attachment or execution, the Court may order him to produce it, or so much thereof as may be sufficient, to satisfy the judgment and cost of the proceedings, so that it may be taken on execution. If the debtor is able to make weekly payments on the judgment, the Court may, after allowing the debtor an appropriate amount for his support and that of his family, if he has a family, order the debtor to make weekly payments on the judgment from time to time. The Court may also make an order combining any of the orders above mentioned.

The Court may prescribe the times, places, amount of payments and other details in making any of its orders. The Court may at any time review, revise, modify, suspend or revoke any order made. Failure to obey any lawful order of the Court, without just excuse, shall constitute a contempt of court. Contempt proceedings will be initiated by the creditor by a verified petition, and will be handled in a manner similar to support proceedings, except that they will be instituted by summons rather than a capias.

A sentence for contempt shall not end the proceedings nor any order made by the Court, and future violations of the order, upon which the sentence was founded, may likewise be dealt with as for contempt.

If the petition is dismissed, the creditor shall not file within one year after the date of such dismissal another petition against the same debtor upon the same judgment unless the Court otherwise for good cause orders.

RSA 524:6-a is construed, until further order, as applying only to Judgments entered after the effective date of the statute (July 20, 1975.)

Amend Superior Court Administrative Rule 1-6, IV by deleting the references to Rules 146, 151, and 152, and replacing them with references to Rules 180, 210, and 207 respectively, so that said subsection IV as amended shall read as follows:

To perform the following acts and issue such orders as provided for in the superior court rules, in addition to those rules where the clerk’s authority is already specifically delineated:

1. To set all cases for trial pursuant to Rule 11.
2. To enter default and continue for judgment pursuant to Rule 14.
3. Upon withdrawal of counsel to set a date for the filing of a new appearance pursuant to Rule 20.
4. To discontinue cases pursuant to Rule 52.
5. To allow the withdrawal of court documents pursuant to Rule 56.
6. To enter final judgment pursuant to Rule 74.
7. To return violation appeals to district court where the entry fee has not been paid pursuant to Rule 92.
8. In conjunction with the presiding justice, to enter scheduling orders pursuant to Rule 96-A.
9. To enter orders regarding service by publication pursuant to Rule 128 and Rule 180.
10. To enter default pursuant to Rule 131 and Rule 139.
11. To dismiss marital cases which have been pending for two years pursuant to Rule 210.
12. To waive the waiting period in marital cases pursuant to Rule 207.
13. To non-suit or dismiss non-jury cases which have been pending for three years pursuant to Rule 168.

The signature of the clerk or the attorney deputy clerk taking any action enumerated in paragraph IV shall appear on the appropriate document involved along with the statement "Acting pursuant to Superior Court Administrative Rule 1-6." In the event that a motion to reconsider or an objection is filed concerning the action taken, the matter shall be scheduled for a hearing before a justice.

Amend Superior Court Administrative Rule 12-14 B(1) and (2) by deleting the references to Rule 158 and replacing them with references to Rule 197, so that said subsections 12-14 B(1) and (2) as amended shall read as follows:

1. Superior Court Rule No. 197 Affidavits are not to be accepted for filing by the Clerks of Court, the Presiding Justice, or Marital Master, unless the same are typewritten.

The foregoing provision of Rule 197 is to be strictly enforced and may be waived by the Presiding Justice, Clerk, or Marital Master only in cases where a party appears pro se and in cases where there is a showing of exceptional circumstances.

2. Rule 197 Affidavits are to be exchanged by counsel/parties prior to hearing.

Amend Superior Court Administrative Rule 12-14 C by deleting the reference to Rule 158 in the first sentence of said section and replacing it with a reference to Rule 197, so that the first sentence of section C as amended shall read as follows:

Rule 197 Affidavits are to reflect whether the party is currently receiving assistance and also whether such assistance has ever been received in the past (by period of time and amount).

Amend Superior Court Administrative Rule 12-9 on a temporary basis by deleting it and replacing it with the following:

12-9. Marital Masters are authorized to hear all marital matters, all domestic violence petitions, and all matters relating to domestic relations over which the superior court or family division has equitable jurisdiction, including permanent custody and UIFSA cases, except violations. If possible, a Marital Master sitting on the first hearing in a case will thereafter be assigned to take care of all matters pertaining to that case.

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