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Bar News - November 18, 2015


PUBLIC HEARING NOTICE: New Hampshire Supreme Court Advisory Committee on Rules

The New Hampshire Supreme Court Advisory Committee on Rules will hold a PUBLIC HEARING at 12:30 p.m. on Friday, December 4, 2015, 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 3, 2015 or may be submitted at the hearing on December 4, 2015. Comments may be e-mailed to the Committee on or before December 3, 2015, 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 the Public Hearing Notice) at www.courts.state.nh.us.

The changes being considered concern the following rules:

I. Interlocutory Appeals

(One proposed amendment would adopt a Superior Court rule, similar to Federal Rule of Civil Procedure 54(b), which would allow a court to direct that an order or portion of an order that finally resolves the case as to one or more, but fewer than all, the claims or parties be treated as a final decision on the merits, if the court expressly determines that there is no just reason for delay. A related proposed amendment would amend the Supreme Court rules to provide that an appeal from such a decision is a mandatory appeal).

1. Amend Supreme Court Rule 3, Definitions, as set forth in Appendix A.

2. Amend Rule 46 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions, as set forth in Appendix B.

II. Circuit Court Family Division Rule 2.29. Effective Dates of Decrees in Domestic Cases

(This proposed amendment to Circuit Court Family Division Rule 2.29 would clarify when decrees become effective in family division cases.)

1. Amend Circuit Court Family Division Rule 2.29, as set forth in Appendix C.

III. Rule of Professional Conduct 5.5. Unauthorized Practice of Law; Multijurisdictional Practice of Law

(This proposed amendment to New Hampshire Rule of Professional Conduct 5.5 would clarify that a lawyer who is licensed in another jurisdiction but does not practice New Hampshire law does not need to obtain a New Hampshire license to practice law solely because the lawyer is present in New Hampshire. The amendments to the Ethics Committee comments to Rule 5.5 are also set forth here. The Advisory Committee on Rules will accept comment on the proposed amendments to the New Hampshire Rule. The Advisory Committee on Rules does not recommend for adoption or amendment, and the Supreme Court does not adopt or amend the Ethics Committee Comments. Therefore, the Advisory Committee on Rules will not accept comment on the amendment to the Ethics Committee comment, which is provided below solely to help provide context to the proposed amendments to the rule. Input on the Ethics Committee Comments should be directed to the Ethics Committee.)

1. Amend New Hampshire Rule of Professional Conduct 5.5, as set forth in Appendix D.

New Hampshire Supreme Court Advisory Committee on Rules

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

October 26, 2015

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