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Bar News - February 9, 2007


Package of Rules Adopted by Supreme Court

           

A set of amended and new rules was adopted by the NH Supreme Court on Jan. 18, 2007, covering all of the courts and touching on many aspects of legal practice. The 95-page order (including appendices) can be found at the following link www.courts.state.nh.us/supreme/orders/ord20070118.pdf.

 

Here are some highlights of the rule changes:

 

  • Revisions of Supreme Court Rule 37 regarding the attorney discipline system (see page one article).
  • Disclosure rules and regulation of retired state judges providing private mediation in NH.
  • Revised rules governing admission to the Bar of graduates of foreign law schools, clarifying that the burden of proof regarding qualifications is upon the applicant.
  • New rules in each of the courts establishing fines for late filing of guardian ad litem reports, to comply with recently passed RSA 490:26-g (effective Jan. 1, 2007).
  • Adoption of a new Supreme Court Rule 58 establishing the Lawyers Assistance Program to provide guidance and support for lawyers, judges and law students impaired by substance abuse or other emotional or mental problems.
  • Adoption on a temporary basis of rules in the superior, probate, and district courts and the family division setting forth the procedure to petition for access to financial affidavits and other sealed court records.
  • Amendment of Superior Court Rule 35(b) (1) regarding scope of discovery and establishing sanctions for discovery abuse;
  • Amending Superior Court Rule 62 establishing a fast-track discovery process;
  • Amending several Superior Court rules regarding motions to suppress (Rule 94), criminal case scheduling (Rule 96-A), and pre-trial motions (Rule 98-F).
  • Adoption on a permanent basis of Superior Court Rule 170-B regarding judge-conducted intensive mediation of complex cases.
  • New section D of District Court Rule 2.17 setting terms and conditions of release of juveniles.
  • Adoption of permanent rules governing small claims mediation with minor changes to language regarding immunity from suit for those acting as mediators in court-sponsored mediation.
  • New Professional Conduct Rule 5.5 regarding multijurisdictional practice, allowing a lawyer not licensed in New Hampshire (but admitted and in good standing in another US jurisdiction) to provide legal services in the state under certain conditions, including when it is for the lawyers’ employer and that the lawyer does not solicit clients in New Hampshire.
  • New Supreme Court Rule 42C regarding temporary practice by lawyers admitted only in a non-US jurisdiction.

 

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