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Bar News - May 15, 2009


NH Supreme Court Orders

           

Probate Court Judge Peter G. Hurd, whose eligibility to sit in the district court was previously certified, is assigned to hear cases in Salem District Court, as directed by District Court Administrative Judge Edwin W. Kelly, until April 30, 2009.

 

DATE: April 10, 2009

 

ATTEST: Eileen Fox, Clerk

New Hampshire Supreme Court

 

 

 

In accordance with RSA 547:38, Chief Justice John T. Broderick, Jr., hereby certifies that Probate Court Judge Peter G. Hurd is eligible to be assigned to sit in the district court on a temporary basis.

 

DATE: April 10, 2009

ATTEST: Eileen Fox, Clerk

New Hampshire Supreme Court

 

 

 

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.

 

Small Claims Rules – Service and Attachments

           

(These rule amendments are intended to bring the rules into conformity with amendments to RSA 503:6 and 503:12.)

           

1. Amend District Court Rule 4.8, regarding service of small claims upon defendants, on a temporary basis, as set forth in Appendix A.

           

2. Adopt District Court Rules 4.8-A, regarding prejudgment attachment procedures in small claims, 4.8-B, regarding post-judgment attachment procedures in small claims, and 4.8-C, regarding discharge of attachments in small claims, on a temporary basis, as set forth in Appendix B.

 

Supreme Court Advisory Rules Committee – Annual Report Distribution

           

(Because invitations for public comment on the Rules Committee’s Annual Reports, as well as the Annual Reports themselves, are now posted on the Judicial Branch website, this amendment deletes the requirement that copies be sent to each clerk of court and register of probate for posting.)

           

1. Amend Supreme Court Rule 51(A)(4)(a), regarding distribution of annual submissions and reports of the Advisory Rules Committee, as set forth in Appendix C.

 

Family Division – Technical Amendment re Date of Motions

           

(This amendment clarifies that the ten-day period to respond to a motion begins to run on the filing date of the motion.)

           

1. Amend Family Division Rule 1.26E, regarding response times for motions, on a temporary basis, as set forth in Appendix D.

 

Supreme Court – Appellate Mediation

           

(This amendment sets forth procedures allowing voluntary mediation of certain cases on appeal to the supreme court.)

2

           

1. Repeal Supreme Court Rule 12-A, regarding post-verdict settlement conferences, and replace it, on a temporary basis, with new Rule 12-A, regarding mediation, as set forth in Appendix E.

 

Superior Court – Alternative Dispute Resolution

           

(These amendments clarify that all neutrals are required to file an ADR report after the conclusion of an ADR proceeding other than binding arbitration, and provide for sanctions if the ADR report is not timely filed. In addition, the procedure for resolving issues concerning recusal of arbitrators is amended.)

           

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

           

2. Amend Superior Court Rule 170-A(G), regarding arbitration, on a temporary basis, as set forth in Appendix G.

 

Effective Date

           

The amendments in Appendices C and D shall take effect immediately. The amendments in Appendices A, B, F and G shall take effect on July 1, 2009. The amendments in Appendix E shall take effect on September 1, 2009. The amendments in Appendices A, B, D, E, F, and G shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.

 

Date: April 30, 2009

ATTEST: Eileen Fox , Clerk of Court

Supreme Court of New Hampshire

If you are in doubt about the status of any meeting, please call the Bar Center at 603-224-6942 before you head out.

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