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Bar News - July 18, 2008


NH Supreme Court Orders

Revised Order

(This order corrects an inadvertent omission in the order issued on June 25, 2008, adopting rules. The June 25 order failed to include Appendix E in the list of Miscellaneous Technical Amendments set forth below.)

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.

Alternative Dispute Resolution

1. Amend Superior Court Rule 170, regarding alternative dispute resolution, on a temporary basis, as set forth in Appendix A.

Miscellaneous Technical Amendments

1. Adopt on a permanent basis District Court Rule 1.3 E(1), regarding New Hampshire Bar identification numbers, as set forth in Appendix B. (No changes are being made to the temporary rule adopted by court order dated May 1, 2008.)

2 Adopt on a permanent basis Superior Court Rule 15(a), regarding New Hampshire Bar identification numbers, as set forth in Appendix C. (No changes are being made to the temporary rule adopted by court order dated May 1, 2008.)

3. Adopt on a permanent basis the fourth paragraph of Probate Court Rule 14, regarding New Hampshire Bar identification numbers, as set forth in Appendix D. (No changes are being made to the temporary rule adopted by court order dated May 1, 2008.)

4. Adopt on a permanent basis the first paragraph of Probate Court Rule 15(A), regarding New Hampshire Bar identification numbers, as set forth in Appendix E. (No changes are being made to the temporary rule adopted by court order dated May 13, 2008.)

5. Adopt on a permanent basis Family Division Rule 1.24(A), regarding pleading requirements, as set forth in Appendix F. (No changes are being made to the temporary rule adopted by court order dated May 1, 2008.)

6. Amend the title of the "RULES OF PRACTICE AND PROCEDURE IN THE PROBATE COURTS OF THE STATE OF NEW HAMPSHIRE" as set forth in Appendix G.

7. Amend Supreme Court Rule 13(1), re the record on appeal, as set forth in Appendix H.

Effective Date

These amendments shall take effect on July 1, 2008. The amendments in Appendix A, which 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 26, 2008
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

Order Extending Effective Date for Transcript Rules

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 hereby amends its prior order, dated June 6, 2008, by postponing the effective date of the amendments to rules relating to transcripts to September 1, 2008. The amendments in question are the following:

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 A.

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 B.

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 C.

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

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

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

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

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 H.

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

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

Effective Date

The June 6, 2008 order, to the extent that it provided that the effective date of these amendments would be July 1, 2008, is hereby vacated. These amendments shall instead take effect on September 1, 2008, and they 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 30, 2008
ATTEST: Eileen Fox, Clerk of Court
Supreme Court of New Hampshire



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