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Superior Court Administrative Rules Table of Contents

NEW HAMPSHIRE SUPERIOR COURT ADMINISTRATIVE RULES

CLERKS AND DEPUTIES


Rule 1-6. Authority Of Clerks.


    In addition to the inherent authority of the clerk of superior court, and all deputy clerks appointed pursuant to RSA 499:13, to perform such duties and acts as may be necessary to effectuate and provide for the orderly and efficient operation of the court and clerk’s offices, and to exercise such other powers and responsibilities conferred upon them by statute, court rule or administrative rule, the clerk of superior court for each county and deputy clerks of court who are attorneys licensed to practice in the State of New Hampshire shall have the following authority:


    I
.  To perform administrative acts including but not limited to:

  (a) Scheduling of all hearings and issuing notices to appear and transport orders.

  (b) Issuing orders of notice or orders setting or amending return days.

  (c) Issuing orders relative to service of process.

  (d) Effectuating all court orders including the issuance of commitment orders, arrest orders, or summons to appear for contempt proceedings.

  (e) Disbursing funds held by the court upon appropriate order by a justice.

  (f) Selecting counsel when appointment of counsel is ordered by the court and appointing and selecting counsel to serve as guardian ad litem in domestic and equity matters.

  (g) Performing such duties relative to jurors as may be performed by a clerk under RSA 500-A.


The additional authority of deputy clerks who are not attorneys licensed to practice law in the State of New Hampshire shall be limited to Sections I(a), (b), (d), (e) and (g).

II.  To be available for appointment by a presiding justice of the superior court as a master pursuant to RSA 519:9 to hear uncontested divorces, applications for temporary orders or ex parte restraining orders in marital cases, petitions for ex parte attachments, and to conduct pretrial conferences in all non-criminal matters, and to make recommendations to the court relative thereto, when a justice or marital master is not present or is otherwise unavailable.  Said appointment shall be made by a presiding justice of the superior court and shall not extend for more than 90 days, provided that said appointment can be renewed for additional 90-day periods.

III.  After personal review, with the consent of a presiding justice of the superior court

   (a) to act on non-criminal motions (including petitions to attach with notice) to which no objection has been filed or to which opposing counsel has indicated there is no objection, provided that the authority is limited to non-dispositive motions in cases where all parties are represented by counsel;

   (b) to approve stipulations where all parties have indicated in writing that they agree with the relief requested and are represented by counsel; and

   (c) to approve preliminary pretrial stipulations in cases where all parties are represented by counsel.

   The signature of the clerk or the attorney deputy clerk taking such action shall appear on the appropriate document involved along with the statement “Acting pursuant to Superior Court Administrative Rule 1-6.”  In the event that a motion to reconsider or an objection is filed concerning the action taken, the matter shall be scheduled for a hearing before a justice.

 IV.  To perform the following acts and issue such orders as provided for in the superior court rules, in addition to those rules where the clerk’s authority is already specifically delineated:

   (a) To enter default and continue for judgment pursuant to Rule 14.

   (b) Upon withdrawal of counsel to set a date for the filing of a new appearance pursuant to Rule 20.

   (c) To discontinue cases pursuant to Rule 52.

   (d) To allow the withdrawal of court documents pursuant to Rule 56.

   (e) To enter final judgment pursuant to Rule 74.

   (f) In conjunction with the presiding justice, to enter scheduling orders pursuant to Rule 96-A.

   (g) To enter orders regarding service by publication pursuant to Rule 128 and Rule 180.

   (h) To enter default pursuant to Rule 131 and Rule 139.

   (i) To dismiss marital cases which have been pending for two years pursuant to Rule 210.

   (j) To waive the waiting period in marital cases pursuant to Rule 207.

   (k) To non-suit or dismiss non-jury cases which have been pending for three years pursuant to Rule 168.

   (l) To waive the records research fee in Rule 169 when a request for record information is made by a member of the media consistent with the public's right to access court records under the New Hampshire Constitution.

   The signature of the clerk or the attorney deputy clerk taking any action enumerated in paragraph IV shall appear on the appropriate document involved along with the statement “Acting pursuant to Superior Court Administrative Rule 1-6.”  In the event that a motion to reconsider or an objection is filed concerning the action taken, the matter shall be scheduled for a hearing before a justice.

         

 

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