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Bar News - April 16, 2014


Supreme Court Order: Court Adopts Rules Committee Recommendations

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. EXCHANGE OF PLEADINGS BY EMAIL
(The following amendments 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 Rule 3 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix B.

3. Amend Rule 21 of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases Filed in Superior Court, as set forth in Appendix C.

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

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

6. Amend Circuit Court - Family Division Rule 1.23, regarding pleadings, as set forth in Appendix F.
II. NOTICE OF APPEAL DEADLINE
(This amendment resolves an ambiguity in Supreme Court Rule 7 regarding the Notice of Appeal Deadline when a trial court grants a motion for reconsideration and clarifies that a merits ruling on an untimely filed post-trial motion does not impliedly waive the untimeliness of the post-trial motion, and, therefore, does not change the calculation of the appeal period.)

1. Amend Supreme Court Rule 7(1), regarding appeals from trial court decision on the merits, as set forth in Appendix G.
III. APPEALS IN FAMILY LAW CASES (SUPREME COURT RULE 3)
(This amendment addresses 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 H.
IV. PRESERVATION OF ISSUES FOR APPEAL
(These amendments to trial court rules include in the rules the requirement, set forth in New Hampshire Department of Corrections v. Butland, 147 N.H. 676, 679 (2002), that in order to preserve issues for appeal, any issues which could not have been presented to the trial court prior to its decision must be presented to the trial court in a motion for reconsideration.)

1. Amend Rule 12(e) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix I

2. Amend Rule 59-A of the Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases Filed In Superior Court, as set forth in Appendix J.

3. Amend Circuit Court-District Division Rule 3.11(E) as set forth in Appendix K.

4. Amend Circuit Court-Probate Division Rule 59-A, as set forth in Appendix L.

5. Amend Circuit Court- Family Division Rule 1.26(F), as set forth in Appendix M.
V. JUDICIAL CONDUCT COMMITTEE – PHOTOGRAPHING, RECORDING AND BROADCASTING
(This amendment adopts, on a temporary basis, an amendment to the procedural rules of the Committee on Judicial Conduct and makes other technical changes to Supreme Court Rule 40. The temporary amendment adopts the same amendment recently adopted on a temporary basis to govern media access to proceedings in the trial courts to clarify the presumption that the photographing, recording, and broadcasting of Judicial Conduct Committee Proceedings that are open to the public is permissible.)

1. Amend Supreme Court Rule 40(11)(j), regarding procedural rules of the Committee on Judicial Conduct, on a temporary basis, as set forth in Appendix N.

2. Amend Supreme Court Rule 40(2), definition of “proceeding,” as set forth in Appendix O.

3. Amend the Comment following Supreme Court Rule 40(3), as set forth in Appendix P.

4. Amend Supreme Court Rule 40(8)(f), as set forth in Appendix Q.

5. Amend Supreme Court Rule 40(9)(e), as set forth in Appendix R.

6. Amend Supreme Court Rule 40(13-A), as set forth in Appendix S.
VI. CONTINUING JUDICIAL EDUCATION
(These amendments to Supreme Court Rule 45: (1) delete references to the National Judicial College; (2) consolidate two sections of the rule; (3) replace references to the “Office of General Counsel” with “Judicial Branch Educational Committee;” (4) remove references to “registers;” and (5) delete references to marital masters in section (b) and add references to marital masters in the new section (c).)

1. Amend Supreme Court Rule 45, as set forth in Appendix T.
VII. RULEMAKING PROCEDURES
(These amendments to Supreme Court Rule 51(B) allow the Senate President and the Speaker of the House some flexibility to appoint a designee for some, or all, of the Advisory Committee on Rules meetings.) 1. Amend Supreme Court Rule 51(B), regarding rule-making procedures, as set forth in Appendix U.
VIII. CIRCUIT COURT RULES – DISMISSAL OF CASES PENDING WITHOUT ACTION
(This amendment adopts new rules, applicable in the Circuit Court, providing for the dismissal by the Court of certain cases if they have seen no activity for a period of two years.)

1. Adopt Circuit Court – District Division Rule 1.27 as set forth in Appendix V.

2. Adopt Circuit Court – Probate Division Rule 172, as set forth in Appendix W.

3. Adopt Circuit Court – Family Division Rule 1.32, as set forth in Appendix X.
IX. ADMISSION TO THE BAR OF FOREIGN LAW SCHOOL GRADUATES
(This amendment to Supreme Court Rule 42(V)(c) changes what graduates of law schools located 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 Y.
X. RULES FOR CLIENT TRUST ACCOUNT RECORDS
(The amendments to Supreme Court Rule 50 delineate the types of records that must be maintained to satisfy the recordkeeping requirements of Rule of Professional Conduct 1.15. The amendments to Rule of Professional Conduct 1.15 restructure the rule.)

1. Amend Supreme Court Rule 50, as set forth in Appendix Z.

2. Amend Rule of Professional Conduct 1.15, as set forth in Appendix AA.
XI. TEMPORARY RULES CURRENTLY IN EFFECT
(The following rules, which have been in effect on a temporary basis, are adopted on a permanent basis.)
A. Law Clerk Code of Conduct
1. Adopt Supreme Court Rule 46, Canon 2, on a permanent basis, and adopt additional technical amendments on a permanent basis, as set forth in Appendix BB.
B. Supreme Court Rule 54
1. Adopt Supreme Court Rules 54, on a permanent basis, as set forth in Appendix CC.
C. Counsel Fees and Guardians Ad Litem Fees
1. Adopt Supreme Court Rule 48(2), on a permanent basis, as set forth in Appendix DD.

2. Adopt Supreme Court Rule 48-A(2), on a permanent basis, as set forth in Appendix EE.
D. Sentence Review Division Rules
1. Adopt the Rules of the Superior Court Applicable in Criminal Cases filed in Superior Court Sentence Review Division Rules on a permanent basis, as set forth in Appendix FF.
E. Pro Hac Vice Fees
1. Adopt Supreme Court Rule 33(5), on a permanent basis, as set forth in Appendix GG.

2. Adopt Supreme Court Rule 49(I), on a permanent basis, as set forth in Appendix HH.

3. Adopt Rule 19(e) of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, on a permanent basis, as set forth in Appendix II.

4. Adopt Rules 19(e) of the Rules of the Superior Court of the State of new Hampshire Applicable in Criminal Cases filed in Superior Court, on a permanent basis, as set forth in Appendix JJ.

5. Adopt Superior Court Rule 169(III), on a permanent basis, as set forth in Appendix KK.

6. Adopt Circuit Court – District Division Rule 1.3(C)(5), on a permanent basis, as set forth in Appendix LL.

7. Adopt Circuit Court – District Division Rule 3.3(I), on a permanent basis, as set forth in Appendix MM.

8. Adopt Circuit Court – Probate Division Rule 19(E), on a permanent basis, as set forth in Appendix NN.

9. Adopt Circuit Court- Probate Division Rule 169(IV), on a permanent basis, as set forth in Appendix OO.

10. Adopt Circuit Court – Family Division Rule 1.21(D), on a permanent basis, as set forth in Appendix PP.

11. Adopt Circuit Court – Family Division Rule 1.3(M), on a permanent basis, as set forth in Appendix QQ.
F. Transcripts of Court Proceedings
1. Adopt Supreme Court Rule 15, on a permanent basis, as set forth in Appendix RR.

2. Adopt Supreme Court Rule 59, on a permanent basis, as set forth in Appendix SS.
XII. TECHNICAL AMENDMENTS
(The following amendment makes a technical change.)

1. Amend Supreme Court Rule 12-A(5), as set forth in Appendix TT.
Effective Date
With the exception of the amendments set forth in Appendices Z and AA, these amendments shall take effect May 1, 2014. The amendments in Appendices Z and AA shall take effect on June 1, 2014. The temporary amendment set forth in Appendix N shall be referred to the Advisory Committee on Rules for its recommendation as to whether it should be adopted on a permanent basis.

April 4, 2014
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire

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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