THE STATE OF NEW HAMPSHIRE

SUPREME COURT OF NEW HAMPSHIRE

REVISED ORDER[1]

R-2021-0004,  In re July 1, 2021 Report of the Advisory Committee on Rules

The New Hampshire Supreme Court Advisory Committee on Rules (committee) has reported a number of proposed rule amendments to the New Hampshire Supreme Court with a recommendation that they be adopted.  On or before September 1, 2021, members of the bench, bar, legislature, executive branch or public may file with the clerk of the supreme court comments on any of the proposed rule amendments.  An original and one copy of all comments shall be filed.  Comments may also be emailed to the court at: rulescomment@courts.state.nh.us

The language of the proposed rules changes and background regarding the proposals may be found in the July 1, 2021 Advisory Committee on Rules Report, which is available at: courts.state.nh.us/committees/adviscommrules/reports/index.htm

Copies of the July 1, 2021 Advisory Committee on Rules Report are also available upon request to the clerk of the supreme court at the N.H. Supreme Court Building, 1 Charles Doe Drive, Concord, New Hampshire 03301 (Tel. 603-271-2646).

The current rules of the New Hampshire state courts are available on the Internet at: www.courts.state.nh.us/rules/index.htm

The supreme court is requesting comment on recommendations to amend the following rules:

 I. Supreme Court Rule 12-A(1) — Mediation

This proposal would expand the class of persons who may conduct mediation of cases pending in the supreme court.

The language of the proposed rule change is set forth in Appendix A.

 

II.   Superior Court Rule 12(g) — Motions for Summary Judgment

This proposal would amend the procedure for filing motions for summary judgment and responses thereto in superior court.

The language of the proposed rule change is set forth in Appendix B.

 

III.  Superior Court Rule 41 — Dismissal of Actions

This proposal would amend the rule governing the effect of the dismissal of civil actions in superior court.

The language of the proposed rule change is set forth in Appendix C.

 

IV. District Division Rule 1.27 — Dismissal of Actions
This proposal would amend the rule governing the effect of the dismissal of civil actions in circuit court — district division.

The language of the proposed rule change is set forth in Appendix D.

 

V. Probate Division Rule 172 — Dismissal of Actions
This proposal would amend the rule governing the effect of the dismissal of civil actions in circuit court — probate division.

The language of the proposed rule change is set forth in Appendix E.

 

VI. Family Division Rule 1.32 — Dismissal of Actions

This proposal would amend the rule governing the effect of the dismissal of civil actions in circuit court — family division.

The language of the proposed rule change is set forth in Appendix F.

 

VII.  N.H. Rule of Criminal Procedure 12 — Discovery of Defendant’s Criminal Record

This proposal would amend N.H. Rule of Criminal Procedure 12 to address the discovery of a defendant’s criminal record prior to arraignment.

The language of the proposed rule change is set forth in Appendix G.

 

Date:  July 15, 2021

 

 

ATTEST:      _________________________________

Timothy A. Gudas, Clerk

Supreme Court of New Hampshire

[1] This order is intended to correct the July 14, 2021 order that indicated that the supreme court was seeking comment on a proposal to amend New Hampshire Rule of Criminal Procedure 12(b)(1)(f) (Notice of the State’s intention to offer at trial evidence of a defendant’s prior crimes/acts).  That proposal is currently pending before the Advisory Committee on Rules, and is not being considered for adoption by the supreme court at this time.  In addition, this order extends the time for comments to be filed to September 1, 2021, and includes appendices containing the language of the proposed amendments that are being considered for adoption by the supreme court.