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Bar News - November 13, 2009


NH Supreme Court Orders

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

I. FAMILY DIVISION RULES
1. Family Division Rules. The court adopts these rules on a permanent basis, with a further amendment to Family Division Rule 1.2., all as set forth in Appendix A. No changes are being made 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. The court amends this rule as set forth in Appendix B.III. ADOPTION OF TEMPORARY RULES ON A PERMANENT BASIS
(The following rules, which have been in effect as temporary rules, are adopted on a permanent basis without any changes.)
A. CUSTODY AND DISPOSAL OF EXHIBITS
1. Supreme Court Rule 57, regarding custody and disposal of exhibits. The court adopts this rule on a permanent basis, as set forth in Appendix C.

B. NEW HAMPSHIRE BAR IDENTIFICATION NUMBERS

2. Supreme Court Rule 8(1), regarding interlocutory appeals from ruling. The court adopts this rule on a permanent basis, as set forth in Appendix D.

3. Supreme Court Rule 9(1), regarding interlocutory transfers without ruling. The court adopts this rule on a permanent basis, as set forth in Appendix E.

4. Supreme Court Rule 10(1)(a), regarding appeals from administrative agencies. The court adopts this rule on a permanent basis, as set forth in Appendix F.

5. Supreme Court Rule 11(2)(j), regarding petitions for original jurisdiction. The court adopts this rule on a permanent basis, as set forth in Appendix G.

6. Supreme Court Rule 16(2), regarding briefs. The court adopts this rule on a permanent basis, as set forth in Appendix H.

7. Supreme Court Rule 26(10), regarding filing and service. The court adopts this rule on a permanent basis, as set forth in Appendix I.

C. TRANSCRIPT RULES

8. Supreme Court Rule 15, regarding transcripts. The court adopts this rule on a permanent basis, as set forth in Appendix J.

9. Supreme Court Rule 59, regarding preparation of transcripts, designation of transcriber and approval of transcript fees. The court adopts this rule on a permanent basis, as set forth in Appendix K.

10. Superior Court Rule 71, regarding opening statements and closing arguments. The court adopts this rule on a permanent basis, as set forth in Appendix L.

11. Superior Court Rule 80, regarding preparation of transcripts. The court adopts this rule on a permanent basis, as set forth in Appendix M.

12. District Court Rule 1.19, regarding sound recordings of proceedings. The court adopts this rule on a permanent basis, as set forth in Appendix N.

13. District Court Rule 4.27, regarding appeals in small claims actions. The court adopts this rule on a permanent basis, as set forth in Appendix O.

14. Probate Court Rule 78-A, regarding transcripts. The court adopts this rule on a permanent basis, as set forth in Appendix P.

15. Probate Court Rule 80, regarding interlocutory transfers and appeals. The court adopts this rule on a permanent basis, 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. The court adopts this form on a permanent basis, 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. The court adopts this rule on a permanent basis, 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. The court adopts this rule on a permanent basis, as set forth in Appendix T.

19. Supreme Court Rule 42(5)(e), regarding bar examination applications. The court adopts this rule on a permanent basis, as set forth in Appendix U.

20. Supreme Court Rule 49(I)(J), regarding the fee to postpone bar examination. The court adopts this rule on a permanent basis, as set forth in Appendix V.

IV. TECHNICAL AMENDMENTS

1. Supreme Court Rule 39(2)(a)(2), regarding membership of the Judicial Conduct Committee. The court amends this rule as set forth in Appendix W.

2. Supreme Court Rule 48-B, regarding mediator fees. The court amends this rule as set forth in Appendix X.
Effective Dates

The amendments in Appendix W shall take effect on November 1, 2009. All other amendments shall take effect on January 1, 2010.

Date: October 16, 2009
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire



In accordance with RSA 490-D:6, the supreme court designates the Honorable John C. Emery to serve as a family division judge. This designation shall take effect immediately.

October 21, 2009
ATTEST: Eileen Fox, Clerk
New Hampshire Supreme Court

Supreme Court Rule 42(9) requires all NH admitted attorneys to notify the Bar Association of any address change, home or office.

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