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Bar News - August 14, 2009


NH Supreme Court Orders

R-2009-0001, In re 2009 Annual Report of the Advisory Committee on Rules


The New Hampshire Supreme Court Advisory Committee on Rules has reported a number of proposed rule amendments to the New Hampshire Supreme Court with a recommendation that they be adopted. On or before Wednesday, September 30, 2009, 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 seven copies of all comments shall be filed. Comments may also be e-mailed to the court at: rulescomment@courts.state.nh.us.

The proposed rule amendments are set forth below.

I. FAMILY DIVISION RULES

1. Family Division Rules. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated September 28, 2007, which were further amended by orders dated October 9, 2007, May 13, 2008, June 6, 2008, June 25, 2008, and April 30, 2009, and with further amendments to Rule 1.2 as set forth in Appendix A. No changes are being proposed to the temporary rules now in effect except for Rule 1.2.

II. PUBLIC PROTECTION FUND RULE

1. Supreme Court Rule 55, regarding the public protection fund. After public hearing held in December 2008, the committee recommends amending this rule as set forth in Appendix B.

III. ADOPTION OF TEMPORARY RULES ON A PERMANENT BASIS WITHOUT CHANGES TO CURRENT LANGUAGE

(The following proposals are to adopt temporary rules that are currently in effect on a permanent basis. No changes in the current language of these rules is being proposed.)

A. CUSTODY AND DISPOSAL OF EXHIBITS
1. Supreme Court Rule 57, regarding custody and disposal of exhibits. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated September 7, 2005, as set forth in Appendix C.

B. NEW HAMPSHIRE BAR IDENTIFICATION NUMBERS
2. Supreme Court Rule 8(1), regarding interlocutory appeals from ruling. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix D.

3. Supreme Court Rule 9(1), regarding interlocutory transfers without ruling. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix E.

4. Supreme Court Rule 10(1)(a), regarding appeals from administrative agencies. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix F.

5. Supreme Court Rule 11(2)(j), regarding petitions for original jurisdiction. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix G.

6. Supreme Court Rule 16(2), regarding briefs. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix H.

7. Supreme Court Rule 26(10), regarding filing and service. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix I.

C. TRANSCRIPT RULES

8. Supreme Court Rule 15, regarding transcripts. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix J.

9. Supreme Court Rule 59, regarding preparation of transcripts, designation of transcriber and approval of transcript fees. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix K.

10. Superior Court Rule 71, regarding opening statements and closing arguments. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix L.

11. Superior Court Rule 80, regarding preparation of transcripts. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix M.

12. District Court Rule 1.19, regarding sound recordings of proceedings.

After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix N.

13. District Court Rule 4.27, regarding appeals in small claims actions. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix O.

14. Probate Court Rule 78-A, regarding transcripts. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix P.

15. Probate Court Rule 80, regarding interlocutory transfers and appeals. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix Q.

16. The Transcript Order Form, which appears as the fourth page of both the New Hampshire Supreme Court Rule 7 Notice of Discretionary Appeal form and the New Hampshire Supreme Court Rule 7 Notice of Mandatory Appeal form. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix R.

D. RULE GOVERNING DISCIPLINARY PROCEDURE FOR ATTORNEYS CONVICTED OF SERIOUS CRIMES

17. Supreme Court Rule 37(9)(d), regarding disciplinary procedure for attorneys convicted of serious crimes. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix S.

E. RULES GOVERNING BAR EXAM APPLICATIONS AND APPLICATIONS FOR READMISSION

18. Supreme Court Rule 42(2), regarding bar examination applications. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix T.

19. Supreme Court Rule 42(5)(e), regarding bar examination applications. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix U.

20. Supreme Court Rule 49(I)(J), regarding the fee to postpone bar examination. After public hearing held in December 2008, the committee recommends adopting, on a permanent basis, the temporary amendments adopted by supreme court order dated June 6, 2008, as set forth in Appendix V.

Copies of the proposed changes are 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). In addition, the proposed changes are available on the Internet at: http://www.courts.state.nh.us/index.htm.

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

July 31, 2009
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


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.

Superior Court Alternative Dispute Resolution

(These amendments clarify that ADR reports must be filed after the conclusion of an ADR proceeding other than binding arbitration, and authorize the imposition of sanctions if the ADR report is not timely filed.)

1. Amend Superior Court Rule 170, regarding alternative dispute resolution, on a temporary basis, as set forth in Appendix A.
2. Amend Superior Court Rule 51, regarding settlements, on a temporary basis, as set forth in Appendix B.
3. Amend Superior Court Rule 62(I)(D), regarding pretrial procedures, on a temporary basis, as set forth in Appendix C.
4. Amend Superior Court Rule 62(III), regarding pretrial procedures, on a temporary basis, as set forth in Appendix D.

Effective Date
These amendments shall take effect August 1, 2009, and shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.

Date: July 21, 2009
ATTEST: Eileen Fox , Clerk of Court
Supreme Court of New Hampshire

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