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Bar News - November 18, 2011


New Hampshire Supreme Court Advisory Committee on Rules Public Hearing Notice

The New Hampshire Supreme Court Advisory Committee on Rules will hold a PUBLIC HEARING at 12:30 p.m. on Friday, December 16, 2011, at the Supreme Court Building on Charles Doe Drive in Concord, to receive the views of any member of the public, the bench, or the bar on court rules changes which the Committee is considering for possible recommendation to the Supreme Court.

Comments on any of the court rules proposals which the Committee is considering for possible recommendation to the Supreme Court may be submitted in writing to the secretary of the Committee at any time on or before December 16, 2011, or may be submitted at the hearing on December 16, 2011. Comments may be e-mailed to the Committee on or before December 16, 2011, at rulescomment@courts.state.nh.us.

Comments may also be mailed or delivered to the Committee at the following address:

N.H. Supreme Court
Advisory Committee on Rules
1 Charles Doe Drive
Concord, NH 03301

Any suggestions for rules changes other than those set forth below may be submitted in writing to the secretary of the Committee for consideration by the Committee in the future.

Copies of the specific changes being considered by the Committee are available on request to the secretary of the Committee at the N.H. Supreme Court Building, 1 Charles Doe Drive, Concord, New Hampshire 03301 (Tel. 271-2646). In addition, the changes being considered are available on the Internet at www.courts.state.nh.us/committees/adviscommrules/notices.htm.

The changes being considered concern the following rules:

I. Photographing, Recording and Broadcasting

(The proposed amendments to Superior Court Rule 78, Circuit Court-District Division Rule 1.4, Circuit Court-Probate Division, Rule 78, and Circuit Court-Family Division, Rule 1.29 were made by the New Hampshire Committee on the Judiciary and the Media. The New Hampshire Committee on the Judiciary and the Media proposes the amendments to clarify the presumption that the photographing, recording and broadcasting of court proceedings is permissible, and to eliminate the differences in the procedures between the various trial courts around the State.)

1. Amend Superior Court Rule 78, as set forth in Appendix A.

2. Amend Circuit Court-District Division Rule 1.4, as set forth in Appendix B.

3. Amend Circuit Court-Probate Division Rule 78, as set forth in Appendix C.

4. Amend Circuit Court-Family Division, Rule 1.29, as set forth in Appendix D.

II. Supreme Court Rules Minimum Continuing Legal Education

(By order dated July 6, 2011, the Supreme Court amended Supreme Court Rule 53.2(B)(4) on a temporary basis and referred the amendments to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.)

1. Adopt amendments to Supreme Court Rule 53.2(B)(4) regarding exemptions from minimum continuing legal education requirements, on a permanent basis, as set forth in Appendix E.

III. Superior Court Rules - Alternative Dispute Resolution (ADR)

(By orders dated November 16, 2007, February 20, 2008, June 26, 2008, April 30, 2009, July 21, 2009 and June 8, 2011, the Supreme Court adopted amendments to Superior Court Rules, regarding alternative dispute resolution, on a temporary basis and referred the amendments to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis.)

1. Adopt amendments to Superior Court Rule 170 regarding alternative dispute resolution, on a permanent basis, as set forth in Appendix F.

2. Adopt amendments to Superior Court Rule 51, regarding settlements, on a permanent basis, as set forth in Appendix G.

3. Adopt amendments to Superior Court Rule 62(I)(D), regarding pretrial procedures, on a permanent basis, as set forth in Appendix H.

4. Adopt amendments to Superior Court Rule 62(III), regarding pretrial procedures, on a permanent basis, as set forth in appendix I.

IV. Circuit Court Judicial Certification

(By order dated September 13, 2011, the Supreme Court adopted Supreme Court Rule 61 on a temporary basis and referred the rule to the Advisory Committee on Rules for its recommendation as to whether it should be adopted on a permanent basis.)

1. Adopt Supreme Court Rule 61, regarding New Hampshire Circuit Court Judicial certification, on a permanent basis, as set forth in Appendix J.

New Hampshire Supreme Court
Advisory Committee on Rules
By: Robert J. Lynn, Chairperson
and Carolyn A. Koegler, Secretary
November 2, 2011

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