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Bar News - November 16, 2016


NH Supreme Court Advisory Committee on Rules – Public Hearing Notice

The New Hampshire Supreme Court Advisory Committee on Rules will hold a PUBLIC HEARING at 12:30 p.m. on Friday, December 9, 2016, 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 9, 2016 or may be submitted at the hearing on December 9, 2016. Comments may be e-mailed to the Committee on or before December 9, 2016 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. Attorney Discipline – Summary Suspension

(This proposed amendment would add a new subsection to Supreme Court Rule 37 to provide a summary suspension procedure for respondent attorneys who do not cooperate with the disciplinary authority).

1. Amend Supreme Court Rule 37 by adopting subsection 9-B, as set forth in Appendix A.

II. Attorney Discipline – Vertical Prosecution

(These proposed amendments would: (1) remove the language prohibiting Disciplinary Counsel from participating in meetings of the Complaint Screening Committee; (2) add language to allow Disciplinary Counsel to assist General Counsel in performing his or her duties; and (3) add “catch-all” provisions to the preliminary provisions of Rules 37 and 37A to allow vertical prosecution in the discretion of General Counsel in appropriate cases.)

1. Amend Supreme Court Rule 37(1), as set forth in Appendix B.

2. Amend Supreme Court Rule 37(5)(c) as set forth in Appendix C.

3. Amend Supreme Court Rule 37(6)(b), as set forth in Appendix D.

4. Amend Supreme Court Rule 37A(I), as set forth in Appendix E.

5. Amend Supreme Court Rule 37A(II)(a)(6), as set forth in Appendix F.

III. Superior Court Civil Rules

(These proposed amendments would: (1) amend Superior Court (Civ.) Rule 9 to provide a non-exclusive list of affirmative defenses; (2) adopt Superior Court (Civ.) Rule 13A to address when, and under what circumstances, responses beyond the objection to a motion are permitted; (3) amend Superior Court (Civ.) Rule 28A to make clear that an order for an independent medical examination outside of the expert disclosure deadlines should be a rare occurrence and only granted for good cause shown; (4) amend Superior Court (Civ.) Rule 29 to create a process and provide the timing for filing motions for protective orders to protect the confidentiality of certain discovery; (5) amend Superior Court (Civ.) Rule 205 to require records of juror orientation to be retained for only six years.)

1. Amend Superior Court (Civ.) Rule 9, as set forth in Appendix G.

2. Adopt Superior Court (Civ.) Rule 13A, as set forth in Appendix H.

3. Amend Superior Court (Civ.) Rule 28A, as set forth in Appendix I.

4. Amend Superior Court (Civ.) Rule 29, as set forth in Appendix J.

5. Amend Superior Court (Civ.) Rule 205, as set forth in Appendix K.

New Hampshire Supreme Court Advisory Committee on Rules

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

Oct. 21, 2016

If you are in doubt about the status of any meeting, please call the Bar Center at 603-224-6942 before you head out.

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