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Bar News - June 20, 2008


NH Supreme Court Order

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51(A)(7), the Supreme Court of New Hampshire adopts the following amendments to court rules and forms.

Supreme Court Rules and Forms NH Bar Identification Numbers

The following amendments require attorneys to include their New Hampshire Bar Identification numbers on filings with the supreme court, and update the supreme court outline of petition form to reflect past amendments to Supreme Court Rule 11.

1. Amend Supreme Court Rule 8(1), regarding interlocutory appeals from ruling, on a temporary basis, as set forth in Appendix A.

2. Amend Supreme Court Rule 9(1), regarding interlocutory transfers without ruling, on a temporary basis, as set forth in Appendix B.

3. Amend Supreme Court Rule 10(1)(a), regarding appeals from administrative agencies, on a temporary basis, as set forth in Appendix C.

4. Amend Supreme Court Rule 11(2)(j), regarding petitions for original jurisdiction, on a temporary basis, as set forth in Appendix D.

5. Amend Supreme Court Rule 16(2), regarding briefs, on a temporary basis, as set forth in Appendix E.

6. Amend Supreme Court Rule 26, regarding filing and service, on a temporary basis, as set forth in Appendix F.

7. Amend Supreme Court Rule 7 Notice of Discretionary Appeal form as set forth in Appendix G.

8. Amend Supreme Court Rule 7 Notice of Mandatory Appeal form as set forth in Appendix H.

9. Amend Outside Front Cover of Cases and Briefs Filed in Supreme Court form as set forth in Appendix I.

10. Amend Outline of Petition form as set forth in Appendix J.


 Rules Governing Transcripts

The following amendments affect the process by which transcripts are ordered and prepared, and provide for an electronic version of the transcript, in most instances, to be deemed the official transcript.

1. Amend Supreme Court Rule 15, regarding transcripts, on a temporary basis, as set forth in Appendix K.

2. Adopt Supreme Court Rule 59, regarding preparation of transcripts of court proceedings, designation of transcriber, and approval of transcript fees, on a temporary basis, as set forth in Appendix L.

3. Amend the Transcript Order Form, which appears as the fourth page of both the Supreme Court Rule 7 Notice of Discretionary Appeal form and the Supreme Court Rule 7 Notice of Mandatory Appeal form, on a temporary basis, as set forth in Appendix M.

4. Amend Superior Court Rule 71, regarding reading excerpts of transcripts to the jury, on a temporary basis, as set forth in Appendix N.

5. Amend Superior Court Rule 80, regarding preparation of transcripts, on a temporary basis, as set forth in Appendix O.

6. Repeal District Court Rule 1.18, regarding stenographers, as set forth in Appendix P.

7. Amend District Court Rule 1.19, regarding sound recordings of proceedings, on a temporary basis, as set forth in Appendix Q.

8. Amend District Court Rule 4.27, regarding appeals and records requirements in small claim actions, on a temporary basis, as set forth in Appendix R.

9. Amend Probate Court Rule 78-A, regarding transcripts, on a temporary basis, as set forth in Appendix S.

10. Amend Probate Court Rule 80, regarding transcripts, on a temporary basis, as set forth in Appendix T.


 Rule Governing Disciplinary Procedure For Attorneys Convicted of Serious Crimes

The following amendments amend the disciplinary process that applies to an attorney who has been convicted of a serious crime.

1. Amend Supreme Court Rule 37(9)(d), regarding disciplinary procedures for attorneys convicted of serious crimes, on a temporary basis, as set forth in Appendix U.


 Rules Governing Bar Exam Applications and Applications for Readmission

The following amendments permit bar exam applicants to defer sitting for the exam until the immediately subsequent exam upon payment of an administrative fee, and clarify the process for seeking readmission to the bar by attorneys who were disbarred or who resigned from the bar.

1. Amend Supreme Court Rule 42(2), regarding applications for admission to the bar, on a temporary basis, as set forth in Appendix V.

2. Amend Supreme Court Rule 42(5)(e), regarding admission and readmission to the bar, on a temporary basis, as set forth in Appendix W.

3. Amend Supreme Court Rule 49(I), regarding the fee to postpone taking the bar examination, on a temporary basis, as set forth in Appendix X.


 Family Division Rules Nomination and Appointment of Marital Masters

The following amendments conform the Family Division Rules to recently-adopted statutory amendments (Laws 2008, chapter 128).

1. Amend Family Division Rules 11.1 and 11.2, regarding nomination and reappointment of marital masters, on a temporary basis, as set forth in Appendix Y.


 Miscellaneous Technical Amendments

The following amendments correct minor errors, clarify, or update various rules and forms.

1. Amend the title of Supreme Court Rule 21, regarding extensions of time, as set forth in Appendix Z.

2. Amend Supreme Court Rule 32(4) & (5), regarding applications for appointed counsel and maximum counsel fees in criminal appeals, to clarify the application process and harmonize the fee cap with recent amendments to Supreme Court Rule 47(2)(e), as set forth in Appendix AA.

3. Amend Supreme Court Rule 32-A(4), regarding applications for appointed counsel in certain civil proceedings, to clarify the application process, as set forth in Appendix BB.

4. Amend the New Hampshire Supreme Court Annual Trust Accounting Compliance Certificate, which appears in the Appendix to Supreme Court Rule 50-A, to update said form, as set forth in Appendix CC.

5. Amend Superior Court Administrative Rule 11-10, regarding petitions related to committed patients, to correct a minor error, as set forth in Appendix DD.

6. Amend Superior Court Administrative Rule 11-13, regarding transportation of committed patients, to correct a minor error, as set forth in Appendix EE.

7. Amend Statement of Purpose of the Rules of Professional Conduct, to reflect the redesignation of the "New Hampshire Comments" as "Ethics Committee Comments", as set forth in Appendix FF.

8. Amend Rule 8.3(c) of the Rules of Professional Conduct, to reflect the replacement of the Lawyers Assistance Committee by the New Hampshire Lawyers Assistance Program, as set forth in Appendix GG.


Comments to Rules of Professional Conduct

The court hereby gives notice that the New Hampshire Comments appended to the New Hampshire Rules of Professional Conduct are redesignated as the Ethics Committee Comments, and that the Ethics Committee Comment to Rule 8.3 is amended as set forth in Appendix HH.

Note: To assist the reader in identifying the changes that are being made to existing rules, the appendices generally contains two versions of amended rules. The first version, entitled "Unofficial Annotated Version," highlights the amendments to the rules by placing new material both in [brackets and in bold-face type], and by striking out material that has been deleted from the rules. The second version, entitled "Official Version," sets forth the official version of the newly amended rules without annotations.


Effective Date

These amendments shall take effect on July 1, 2008, and those amendments that are being adopted on a temporary basis shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.

Date: June 6, 2008
ATTEST: Michelle Caraway,
Deputy Clerk of Court
Supreme Court of New Hampshire

Read the entire order, with appendices at http://www.courts.state.nh.us/supreme/orders/20080606.pdf (55-page PDF document.)

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