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Supreme Court Rules Table of Contents

RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

PROCEDURAL RULES 1 TO 34

Rule 15. Transcripts.

(1) The parties shall attempt to enter into stipulations, such as an agreed statement of facts, that will reduce the size of transcripts or avoid them completely. If such a stipulation is entered into, an original and 8 copies thereof must be filed with the clerk's office if it is not included in the notice of appeal.

(2) (a) Mandatory appeals. The moving party shall have completed the notice of appeal form which includes the transcript information, including the dates of the proceedings to be transcribed, the length of the proceedings, and the deposit required.  A transcript of the parts of the proceedings necessary for appeal and not already on file in the trial court shall be prepared.  The supreme court clerk's office shall issue a scheduling order notifying the moving party that within 15 days from the date on the written notice, the moving party must pay the deposit to the transcriber designated by the court to prepare the transcript or to the transcriber’s agent.  If payment is not received by the date specified, the appeal may be deemed waived and the case dismissed.  Upon timely receiving the required deposit, the transcriber shall proceed with the transcription.  If the required deposit is not timely received, the transcriber shall immediately so notify the clerk of the supreme court.  For the purposes of initial assessment of transcription costs pursuant to this rule, any party filing an appeal may be considered a moving party, and in cases of multiple appeals (including cross-appeals), the clerk, within the clerk's discretion, may assess transcription costs as justice requires.

    (b) Other appeals from trial court decisions on the merits. The moving party shall have completed the notice of appeal form which includes the transcript information, including the dates of the proceedings to be transcribed, the length of the proceedings, and the deposit required.  If the appeal is accepted by the court for briefing, the supreme court clerk's office shall issue a scheduling order notifying the moving party that within 15 days from the date on the written notice, the moving party must pay the deposit to the transcriber designated by the court to prepare the transcript or to the transcriber’s agent.  If payment is not received by the transcriber by the date specified, the appeal may be deemed waived and the case dismissed.  Upon timely receiving the required deposit, the transcriber shall proceed with the transcription.  If the required deposit is not timely received, the transcriber shall immediately so notify the clerk of the supreme court.  For the purposes of initial assessment of transcription costs pursuant to this rule, any party filing an appeal may be considered a moving party, and in cases of multiple appeals (including cross-appeals), the clerk, within the clerk's discretion, may assess transcription costs as justice requires.

(3) If the moving party intends to argue in the supreme court that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, he shall include in the record a transcript of all evidence relevant to such finding or conclusion.  Unless otherwise ordered by the supreme court, the transcript shall contain all the oral proceedings except opening statements, medical testimony, arguments, and charge.

(4) Unless the parties agree, or the court otherwise orders, the transcriber shall produce an electronic version of the transcript for the court, which shall be deemed the official transcript, as well as a paper copy of the transcript.  The transcriber shall also produce an electronic copy of the transcript for each party to the case requiring a transcript.  The transcript shall be completed as early as possible within 45 days after receiving the recording of the proceedings from the trial court clerk.  Requests for extensions of time in which to prepare a transcript shall not be favored, but the transcriber may request that the supreme court grant an extension of time.  Such a request shall give the reasons for the need for an extension.

(5) The supreme court may order that the preparation of a transcript in a case be given immediate attention.

Comment

  It is a long-standing rule that parties may not have judicial review of matters not raised in the forum of trial.  Absent a transcript of the proceedings below, the supreme court will generally assume that the evidence was sufficient to support the result reached by the trial court.  It is the burden of the appealing party to provide the supreme court with a record sufficient to decide the issues on appeal, as well as to demonstrate that those issues were properly raised before the trial court.  In deciding whether a transcript of the trial court's proceedings is necessary, the appealing party should keep in mind that the appealing party is responsible for providing the supreme court with a sufficient record to decide the issues on appeal.  If the appealing party fails to provide a sufficient record, the appeal may be dismissed or the supreme court may not review an issue that the appealing party has raised.  See Bean v. Red Oak Prop. Mgmt., 151 N.H. 248 (2004).

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