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Bar News - April 16, 2014


Circuit Court Orders
Trust Docket Created
Administrative Order 2014 – 04
Pursuant to RSA 490-F and Supreme Court Rule 54, and in the interest of responding to the needs of the public and promoting judicial and caseflow efficiency, there is hereby established a Trust Docket within the probate division of the New Hampshire Circuit Court. The presiding judge of the Trust Docket shall have the authority to hear and decide all matters assigned to him by the Administrative Judge of the Circuit Court.

Cases may be referred for consideration of inclusion on the docket by any circuit court probate division judge before whom the case is pending, or any party or counsel of record for a party in a matter pending before the probate division. Additionally, pursuant to RSA 490-F:2, the Administrative Judge of the Circuit Court may, in his sole discretion, reassign any pending matter to the Trust Docket.

All referrals by a party or counsel shall be made to the court at which the matter is pending, with a copy to the Administrative Judge and to all parties and counsel of record. Requests for referral by a judge of the circuit court may be made directly to the Administrative Judge. The reassignment of any case shall be in the sole discretion of the Administrative Judge after consultation with the current presiding judge and the presiding judge of the Trust Docket.

Pursuant to RSA 490-F: 6 I, The Honorable Gary R. Cassavechia is hereby assigned to serve as Presiding Judge of the Circuit Court Trust Docket. Hearings in any matter reassigned to that docket shall be conducted at 7th Circuit – Probate Division (Dover), unless otherwise ordered by the presiding judge.

February 27, 2014
Edwin W. Kelly
Circuit Court Administrative Judge
Requests, Responses to Reassignment to Trust Docket
Administrative Order 2014 – 13
Pursuant to Circuit Court Administrative Order 2014-04, a Trust Docket within the probate division of the New Hampshire Circuit Court was established in order to foster speedy resolution of complex probate cases and increase the efficiency of the probate division.

In furtherance of those goals, a process has been established whereby any party may request reassignment of matters to the Trust Docket. All such requests must be submitted to the Administrative Judge of the Circuit Court for his consideration and determination on NHJB Form 2883-P “Request for Reassignment,” which can be found on the Judicial Branch web page at http://www.courts.state.nh.us/probate/pcforms/forms.htm#estate. The decision of the Administrative Judge is final and not subject to appeal.

Any party in the matter may, but is not required to, file a response asserting grounds for denial of the request. If a response is filed it must comply strictly with the parameters set forth in this Administrative Order. The response must be filed within ten (10) calendar days after the request is filed with the Circuit Court. Copies of the response must be filed with the Circuit Court Administrative Judge, the Circuit Court Probate Division where the matter is currently being adjudicated, and all parties of record. Parties filing a response must certify that copies have been forwarded contemporaneously to all parties of record in the case by email, hand delivery, or United States mail.

Responses must be strictly limited to that information necessary for the determination whether reassignment to the Trust Docket is appropriate and may not include new evidence, motions, or other pleadings not previously filed with the Circuit Court probate division where the matter is being adjudicated. Copies of pleadings or any other documents may not be attached to the response, but the responding party may refer to documents by name, date of submission to the court, and docket entry number.

April 4, 2014
Edwin W. Kelly, Administrative Judge
New Hampshire Circuit Court

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