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Bar News - December 16, 2015


Circuit Court Orders

Administrative Order 2015 – 15
Family and Probate Divisions Electronic Filing Pilot Project

Pursuant to Part II, Article 73-a of the New Hampshire Constitution, New Hampshire Supreme Court Rules 51 & 54, and New Hampshire Supreme Court Order dated April 23, 2015, the New Hampshire Circuit Court will begin electronic filing of guardianship of minor and guardianship of incapacitated person cases in the 2nd Circuit - Family Divisions - Haverhill, Lebanon, Littleton and Plymouth, and the 2nd Circuit - Probate Division in Haverhill; the 6th Circuit - Family Divisions - Concord, Franklin, Hillsborough, and Hooksett, and the 6th Circuit - Probate Division - Concord; the 7th Circuit - Family Divisions - Dover and Rochester, and the 7th Circuit - Probate Division - Dover; and the 9th Circuit - Family Divisions - Goffstown, Merrimack, Manchester and Nashua, and the 9th Circuit - Probate Division - Nashua locations on December 10, 2015.

Guardianship actions filed pursuant to RSA 463 or RSA 464-A in the above-referenced locations shall be filed electronically as of December 10, 2015. Limited exceptions to mandatory electronic filing may be permitted for good cause. See N.H. Circuit Court Electronic Filing Pilot R.1(b).

Temporary rules for electronic filing, see N.H. Circuit Court Electronic Filing Pilot Rules, along with temporary amendments to the Family and Probate Division Rules, have been adopted to facilitate proper electronic filing of guardianship actions under RSA chapters 463 and 464-A. See N.H. Supreme Court Order (April 23, 2015). These rules and amendments can be electronically at www.courts.state.nh.us.

The temporary rules and amendments shall govern the electronic filing of all documents in newly filed guardianship cases commencing on or after December 10, 2015, in the 2nd Circuit - Family Divisions - Haverhill, Lebanon, Littleton and Plymouth, and the 2nd Circuit - Probate Division in Haverhill; the 6th Circuit - Family Divisions - Concord, Franklin, Hillsborough, and Hooksett, and the 6th Circuit - Probate Division - Concord; the 7th Circuit - Family Divisions - Dover and Rochester, and the 7th Circuit - Probate Division - Dover; and the 9th Circuit - Family Divisions - Goffstown, Merrimack, Manchester and Nashua, and the 9th Circuit - Probate Division - Nashua locations. The temporary rules and amendments pertaining to electronic filing of guardianship actions shall apply on a pilot basis only.

Dated: November 19, 2015
Edwin W. Kelly
Administrative Judge
New Hampshire Circuit Court


DISTRICT COURT ADMINISTRATIVE ORDER 91-01 (Amended)

This order is issued to update the previous version of District Court Administrative Order 91-01, and is effective immediately.

In any felony or misdemeanor case in which a defendant is detained following arrest, where the arrest was either warrantless or made after issuance of a warrant by a lay Justice of the Peace, the State shall be required to demonstrate probable cause for the defendant’s arrest. Proof shall be by sworn affidavit and may be submitted by facsimile or other electronic transmission.

The detention review (formerly known as the Gerstein hearing) shall be held within forty-eight hours of the defendant’s arrest, Saturdays, Sundays and holidays excluded. It shall be non adversarial and the defendant shall have no right to counsel. The defendant shall have neither the right to present nor cross-examine witnesses.

While it is recommended that detention reviews be held contemporaneous with bail hearings, in those cases where, pursuant to RSA 594:20-a, no arraignment will be held within forty-eight hours, the detention review may be accomplished at any time or place (within forty-eight hours of arrest) with or without the presence of the defendant.

Amended November 19, 2015
Amended June 16, 2006
Edwin W. Kelly
Administrative Judge
New Hampshire Circuit Court


Administrative Order 2015 – 16

Effective February 24, 2016, Judge David D. King, Deputy Administrative Judge of the Circuit Court is assigned as presiding judge of the probate division Trust Docket established by Circuit Court Administrative Order 2014-04.

December 1, 2015
Edwin W. Kelly
Administrative Judge
New Hampshire Circuit Court

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