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Bar News - November 15, 2013


NH 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 13, 2013, 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 13, 2013, or may be submitted at the hearing on December 13, 2013. Comments may be e-mailed to the Committee on or before December 13, 2013, 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

(Telephone 271-2646). In addition, the changes being considered are available on the Internet (in the Appendix to Public Hearing Notice) at www.courts.state.nh.us/committees/adviscommrules/notices.htm.

The changes being considered concern the following rules:

I. PAD Rules

(By Order dated January 9, 2013, the New Hampshire Supreme Court adopted a temporary amendment to expand the PAD Rules statewide, effective March 1, 2013. Shortly thereafter, by Order dated May 22, 2013, the Supreme Court adopted the new Superior Court Rules Applicable in Civil Actions, effective October 1, 2013. Because the temporary PAD Rules were integrated into the new Superior Court Rules Applicable in Civil Actions, the Advisory Committee on Rules is now inviting comment on the PAD Rules, as they appear within the new rules).
1. The Advisory Committee on Rules invites comment on Rule 4 (“Preliminary Process”) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix A.

2. The Advisory Committee on Rules invites comment on Rule 5 (“Case Structuring Order”) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix B.

3. The Advisory Committee on Rules invites comment on Rule 6(a) (“Pleadings Allowed”) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix C.

4. The Advisory Committee on Rules invites comment on Rule 8(a) (“Complaints and Other Claims for Relief”) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix D.

5. The Advisory Committee on Rules invites comment on Rule 9 (“Answers; Defenses; Forms of Denials”) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix E.

6. The Advisory Committee on Rules invites comment on Rule 22 (“Automatic Disclosures”) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix F.

7. The Advisory Committee on Rules invites comment on Rule 23(b) (“Written Interrogatories”) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix G.

8. The Advisory Committee on Rules invites comment on Rule 25 (“Discovery of Electronically Stored Information (ESI)”) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix H.

9. The Advisory Committee on Rules invites comment on Rule 26(a) (“Depositions”) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix I.
II. IOLTA
(This proposal would amend Supreme Court Rules 50 and 50-A to make title companies owned or operated by attorneys subject to the requirements of the rules.)
1. Amend Supreme Court Rule 50, regarding trust accounts, as set forth in Appendix J. 2. Amend Supreme Court Rule 50-A, regarding certification requirements, as set forth in Appendix K.
III. Withdrawal of Court-Appointed Counsel in Criminal and Juvenile Matters
(This proposal would amend court rules to permit notification of withdrawal in certain instances rather than a request to withdraw requiring court approval. These amendments are designed to expedite the appointment of new counsel in those instances where previously appointed counsel must withdraw due to a conflict of interest as defined in the Rules of Professional Conduct.)
1. Amend Circuit Court - District Division Rule 1.3(H), as set forth in Appendix L.

2. Amend Circuit Court - Family Division Rules 1.20, as set forth in Appendix M.

3. Adopt Circuit Court - Family Division Rule 3.12, as set forth in Appendix N.

4. Amend Rule 15 of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases Filed in Superior Court and in Domestic Relations Cases Filed in the Cheshire County Superior Court, as set forth in Appendix O.
IV. Filing Motions Under Seal
(This proposal would amend trial court rules to address how a party may request that the court seal a case record or portion of a case record.)
1. Amend Rule 12 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix P.

2. Amend Rule 1.8 of the Rules of the Circuit Court - District Division, as set forth in Appendix Q.

3. Adopt Rule 58-B of the Rules of the Circuit Court - Probate Division, as set forth in Appendix R.

4. Amend Rule 1.26 of the Rules of the Circuit Court - Family Division, as set forth in Appendix S.
V. Continuity of Counsel in Circuit and Superior Court (This proposal would amend the rules regarding appointment of counsel in Superior Court to provide that once an appointment has been made in Circuit Court, the appointment should continue throughout any appeal to the Superior Court.)
1. Amend Rule 14 of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases Filed in Superior Court and In Domestic Relations Cases Filed in the Cheshire County Superior Court, as set forth in Appendix T.
VI. Withdrawal of Court-Appointed Counsel in Abuse and Neglect Cases (This proposal would amend Circuit Court - Family Division Rule 3.11 to provide that the appearance of court-appointed counsel in abuse and neglect cases is deemed withdrawn thirty (30) days after the dispositional hearing, unless the court otherwise orders representation to continue and states the specific duration and purpose of the continued representation.)
1. Amend Circuit Court – Family Division Rule 3.11, as set forth in Appendix U.
VII. Calculation of Mileage Reimbursement and Fee Caps for Attorneys or Guardians Ad Litem

(This proposal would amend Supreme Court Rules 47, 48 and 48-A to clarify that mileage expenses are separate from the fee caps when a lawyer or guardian ad litem seeks reimbursement for his or her efforts on behalf of a criminal defendant or a parent or juvenile in a child protection matter.)
1. Amend Supreme Court Rule 47, as set forth in Appendix V.

2. Amend Supreme Court Rule 48, as set forth in Appendix W.

3. Amend Supreme Court Rule 48-A, as set forth in Appendix X.
VIII. Reimbursement of Attorneys for Work in Child Protection Matters

(This proposal would amend Supreme Court Rule 48 to permit payment of attorneys who work on behalf of parents in child protection matters for attending periodic review hearings held in the normal course of a case in the Family Division.)
1. Amend Supreme Court Rule 48, as set forth in Appendix Y.
IX. Fees

(These proposals would adopt on a permanent basis temporary amendments to court rules increasing the fees charged in the New Hampshire Supreme Court and in the New Hampshire trial courts. The increased fees are intended to provide additional funds to the judicial branch information technology fund for the maintenance of the technology related to the New Hampshire e-Court Project. See N.H. Laws 2013 ch. 88.)
1. Amend on a permanent basis Supreme Court Rule 49, Fees, which was amended on a temporary basis by Supreme Court Order dated June 26, 2013, as set forth in Appendix Z.

2. Amend on a permanent basis Rule 169, fees, of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases Filed in Superior Court and in Domestic Relations Cases Filed in the Cheshire County Superior Court, which was amended on a temporary basis by Supreme Court Order dated June 26, 2013, as set forth in Appendix AA.

3. Amend on a permanent basis Circuit Court-District Division Rule 3.3, Court Fees, which was amended on a temporary basis by Supreme Court Order dated June 26, 2013, as set forth in Appendix BB.

4. Amend on a permanent basis Circuit Court-Probate Division Rule 169, Fees, which was amended on a temporary basis by Supreme Court Order dated June 26, 2013, as set forth in Appendix CC.

5. Amend on a permanent basis Circuit Court-Family Division Rule 1.3, Fees, which was amended on a temporary basis by Supreme Court Order dated June 26, 2013, as set forth in Appendix DD.
New Hampshire Supreme Court
Advisory Committee on Rules
By: Robert J. Lynn, Chairperson
and Carolyn A. Koegler, Secretary
November 5, 2013

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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