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Bar News - May 18, 2016


Supreme Court Orders

R-2016-001, In re April 1, 2016 Report of the Advisory Committee on Rules

The New Hampshire Supreme Court Advisory Committee on Rules (committee) has reported a number of proposed rule amendments to the New Hampshire Supreme Court with a recommendation that they be adopted. On or before June 1, 2016, members of the bench, bar, legislature, executive branch or public may file with the clerk of the supreme court comments on any of the proposed rule amendments. An original and one copy of all comments shall be filed. Comments may also be emailed to the court at: rulescomment@courts.state.nh.us.

To see the language of the proposed rules changes and background regarding the proposals, please see the April 1, 2016 Advisory Committee on Rules Report, which is available online. Copies of the April 1, 2016 Advisory Committee on Rules Report are also available upon request to the clerk of the supreme court at the N.H. Supreme Court Building, 1 Charles Doe Drive, Concord, New Hampshire 03301 (Tel. 603-271-2646).

The current rules of the New Hampshire state courts are available on the Internet.

A summary of the proposals made in the April 1, 2016 Advisory Committee on Rules Report is set forth below.

A. Appeals From Decisions Designated as Final by Superior Court (this item is titled “Interlocutory Appeals” in the Committee Report)

Supreme Court Rule 3 and Rule 46 of the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions. The proposed amendment to Superior Court (Civ.) Rule 46 would adopt a 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 Supreme Court Rule 3 to provide that an appeal from such a decision is a mandatory appeal.

The language of the proposed rule changes is set forth in Appendices A and B of the April 1, 2016 Advisory Committee on Rules Report.

B. Circuit Court – Family Division Rules 2.29 and 2.3

Circuit Court- Family Division Rules 2.29 and 2.3. These proposed amendments would clarify when decrees become effective in family division cases.

The language of the proposed rule changes is set forth in Appendices C and D of the April 1, 2016 Advisory Committee on Rules Report.

C. Fees for Copied Material – Superior and Circuit Court Rules

These proposed amendments would amend the rules relating to the fees to be charged to people who request copies of court documents.

The language of the proposed rule changes is set forth in Appendices E, F, G and H of the April 1, 2016 Advisory Committee on Rules Report.

D. Fees – Circuit Court- Probate Division

Circuit Court – Probate Division Rule 169. These proposed amendments would: (1) delete “Petition for Involuntary Admission” and “Petition Guardian of Incompetent Veteran” from Probate Division Rule 169 so that no fee will be applicable to either filing; and (2) delete “Photocopy of Will - $1.00/page and strike the word “other” from “all other copied material $.50/page” from Probate Division Rule 169.

The language of the proposed rule changes is set forth in Appendices I and J of the April 1, 2016 Advisory Committee on Rules Report.

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

New Hampshire Rule of Professional Conduct 5.5. These proposed amendments would clarify that a lawyer who is licensed in another jurisdiction but does not practice New Hampshire law does not need to obtain a license to practice law solely because the lawyer is present in New Hampshire.

The language of the proposed rule changes is set forth in Appendix K of the April 1, 2016 Advisory Committee on Rules Report.

April 15, 2016
ATTEST: Eileen Fox, Clerk
Supreme Court of New Hampshire


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. Strafford, Cheshire, and Belknap County Rules of Criminal Procedure

(These amendments make changes to court rules to implement RSA ch. 592-B. The legislation, effective January 1, 2016 in Cheshire and Strafford Counties, becomes effective July 1, 2016 in Belknap County. It changes the procedure in Belknap County for felony complaints and misdemeanors and violation-level charges directly related to those felonies for offenses alleged to have occurred on or after July 1, 2016.)

  1. Amend the title of the Strafford and Cheshire County Rules of Criminal Procedure, as set forth in Appendix A.
  2. Amend the preamble to the Strafford and Cheshire County Rules of Criminal Procedure (renamed, effective July 1, 2016, the Strafford, Cheshire and Belknap County Rules of Criminal Procedure), as set forth in Appendix B.
  3. Amend Rule 1 of the Strafford and Cheshire County Rules of Criminal Procedure (renamed, effective July 1, 2016, the Strafford, Cheshire and Belknap County Rules of Criminal Procedure), as set forth in Appendix C.
  4. Amend Rule 2 of the Strafford and Cheshire County Rules of Criminal Procedure (renamed, effective July 1, 2016, the Strafford, Cheshire and Belknap County Rules of Criminal Procedure), as set forth in Appendix D.
  5. Amend the table of contents of the Rules of the Superior Court of the State of New Hampshire, as set forth in Appendix E.
  6. Amend Rule 101 of the Rules of the Superior Court of the State of New Hampshire, as set forth in Appendix F.
  7. Amend the Preamble to the New Hampshire Rules of Criminal Procedure, as set forth in Appendix G.
  8. Amend Rule 1 of the New Hampshire Rules of Criminal Procedure, as set forth in Appendix H.
  9. Amend Rule 2 of the New Hampshire Rules of Criminal Procedure, as set forth in Appendix I.
  10. Amend the note which replaced, effective March 1, 2016, the Circuit Court – District Division Criminal Rules, as set forth in Appendix J.

II. Bar Admissions – Testing Accommodations

(This amendment to Supreme Court Rule 42 allows the Chair of the Board of Bar Examiners to designate someone to rule on requests for testing accommodations.)

  1. Amend Supreme Court Rule 42(IX), as set forth in Appendix K.

III. Bar Membership Renewal

(These amendments to Supreme Court Rules implement changes in bar membership renewal. They implement a plan developed by the Court and the Bar Association to enable lawyers to file their certificates of compliance with trust accounting and CLE requirements electronically and synchronize the dates for compliance with all requirements.)

  1. Amend Supreme Court Rule 42A, as set forth in Appendix L.
  2. Amend Supreme Court Rule 49, as set forth in Appendix M.
  3. Amend Supreme Court Rule 50, as set forth in Appendix N.
  4. Amend Supreme Court Rule 50-A, as set forth in Appendix O.
  5. Amend Supreme Court Rule 53.1, as set forth in Appendix P.
  6. Amend Supreme Court Rule 53.2, as set forth in Appendix Q.
  7. Delete Supreme Court Rule 53.3, as set forth in Appendix R.
  8. Delete Supreme Court Rule 53.4, as set forth in Appendix S.
  9. Delete Supreme Court Rule 53.5, as set forth in Appendix T.
  10. Amend Supreme Court Rule 53.6, as set forth in Appendix U.
  11. Amend Supreme Court Rule 53.7, as set forth in Appendix V.
  12. Amend Supreme Court Rule 53.8, as set forth in Appendix W.

Effective Date

With the exception of the amendment set forth in Appendix K, these amendments shall take effect on July 1, 2016. The amendment set forth in Appendix K shall take effect immediately.

May 2, 2016
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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