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Bar News - November 16, 2012


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 14, 2012, 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 14, 2012, or may be submitted at the hearing on December 14, 2012. Comments may be e-mailed to the Committee on or before December 14, 2012, 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 (in the Appendix to this Notice of Public Hearing) at: www.courts.state.nh.us/committees/adviscommrules/notices.htm.

The changes being considered concern the following rules:

I. Exchange of Pleadings by Email

(This proposal would allow counsel to agree that pleadings filed and communications addressed to the court may be furnished to all other counsel by email.)

1. Amend Supreme Court Rule 26(3), regarding filing and service, as set forth in Appendix A.

2. Amend Superior Court Rule 21, as set forth in Appendix B.

3. Amend Circuit Court - District Division Rule 1.3-A, regarding pleadings – copies to all parties, as set forth in Appendix C.

4. Amend Circuit Court - Probate Division Rule 21, regarding pleadings – copies to all parties, as set forth in Appendix D.

5. Amend Circuit Court - Family Division Rule 1.23, regarding pleadings, as set forth in Appendix E.

II. Notice of Appeal Deadline

(This proposal would resolve an ambiguity in Supreme Court Rule 7 regarding the Notice of Appeal deadline when a trial court grants a motion for reconsideration.)

1. Amend Supreme Court Rule 7(1), regarding appeals from trial court decisions on the merits, as set forth in Appendix F.

III. Appeals in Family Law Cases

(This proposal would address a concern that Supreme Court Rule 3 is unlawful and unconstitutional to the extent that it provides for mandatory review of appeals involving married parents but discretionary review of appeals involving non-married parents.)

1. Amend Supreme Court Rule 3, regarding the definition of "mandatory appeal," as set forth in Appendix G.

IV. Admission to the Bar of Foreign Law School Graduates

(This proposal would change what graduates of law schools in foreign countries are required to prove to be eligible to sit for the bar examination in New Hampshire or to apply for admission upon motion.)

1. Amend Supreme Court Rule 42(V)(c) by deleting it in its entirety and replacing it, as set forth in Appendix H.

V. Transcripts of Court Proceedings

(These proposals would adopt on a permanent basis temporary amendments to the rules and forms relating to the preparation of transcripts of court proceedings and appeal transcripts.)

1. Adopt on a permanent basis Supreme Court Rule 15, regarding transcripts, which was amended on a temporary basis by Supreme Court Order dated April 27, 2012, as set forth in Appendix I.

2. Adopt on a permanent basis Supreme Court Rule 59, regarding preparation of transcripts of court proceedings; designation of transcriber and approval of transcript fees, which was amended on a temporary basis by Supreme Court Order dated April 27, 2012, as set forth in Appendix J.

3. Adopt on a permanent basis Supreme Court Rule 7 Notice of Discretionary Appeal form, which was amended on a temporary basis by Supreme Court Order dated April 27, 2012, as set forth in Appendix K.

4. Adopt on a permanent basis Supreme Court Rule 7 Notice of Mandatory Appeal form, which was amended on a temporary basis by Supreme Court Order dated April 27, 2012, as set forth in Appendix L.

VI. Law Clerk Code of Conduct

(This proposal would adopt on a permanent basis temporary amendments to Supreme Court Rule 46, relating to the Law Clerk Code of Conduct, governing the law clerks’ use of writing samples for job search purposes.)

1. Adopt on a permanent basis Supreme Court Rule 46, Canon 2, regarding the Law Clerk Code of Conduct, which was amended on a temporary basis by Supreme Court Order dated July 17, 2012, as set forth in Appendix M.

VII. Juror Questionnaires

(These proposals seek to amend the proposed Superior Court Rules and new Rules of Criminal Procedure as set forth in the Advisory Committee on Rules August 31, 2010 Annual Report, not Court rules currently in effect. In May 2011, a staff attorney at the New Hampshire Supreme Court referred to the Advisory Committee on Rules a comment the Court received when the proposed Superior Court Rules and new Rules of Criminal procedure were put out for public comment. A subcommittee on juror questionnaires formed to consider the comment submitted recommendations to the Committee relating to: (1) what information should be requested from prospective jurors; (2) who should have access to the juror questionnaires and for what period of time; and (3) the length of time the questionnaires should be preserved after the juror’s term is over. These proposals would amend the proposed court rules and forms in accordance with the subcommittee’s recommendations.)

1. Amend the existing juror questionnaire form, NHJB-2103-S, as set forth in Appendix N.

2. Amend proposed Superior Court Rule 33, as set forth in Appendix O.

3. Adopt proposed Criminal Rule of Procedure 22, without change, as set forth in Appendix P.

4. Amend Paragraph 6 of Supreme Court Administrative Order 2009-03 (Management and Retention of Superior Court Files), as set forth in Appendix Q.

New Hampshire Supreme Court Advisory Committee on Rules

By: Robert J. Lynn, Chairperson and Carolyn A. Koegler, Secretary
November 7, 2012

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