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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 7-B. Appeal from Superior Court Decision on Parental Notification Prior to Abortion

       
  
RSA 132:32-36, effective January 1, 2012, requires parental notification before abortions can be performed on unemancipated minors.  The statute provides that a minor may petition any superior court judge for an order authorizing an abortion without notification.  The statute also provides that if a court denies the petition, the minor may file, as provided by supreme court rule, an expedited confidential appeal to the New Hampshire Supreme Court.  The following provides the procedures for filing such an appeal:

        (1)  Notwithstanding anything in these rules to the contrary, the following procedures shall apply to an appeal filed pursuant to RSA 132:34 by a pregnant minor for whom the superior court denies an order authorizing an abortion without notification.

        (2)  An expedited confidential appeal shall be available to any pregnant minor for whom the superior court denies an order authorizing an abortion without notification.  Any such appeal shall be filed on the form of notice of appeal approved by the supreme court for the filing of an appeal under RSA 132:34 (“Rule 7-B Notice of Expedited Confidential Appeal from Lower Court Decision on Parental Notification Prior to Abortion” form).  An order authorizing an abortion without notification shall not be subject to appeal.

        All proceedings pursuant to this rule shall be confidential and shall ensure the anonymity of the minor.  All court proceedings shall be sealed.  All documents related to the appeal shall be confidential and shall not be available to the public.

        (3)  An appeal under this rule shall be filed by the minor within 30 days from the date on the clerk’s written notice of the decision on the merits.  A timely filed post-trial motion stays the running of the appeal period.  Untimely filed post-trial motions will not stay the running of the appeal period unless the lower court waives the untimeliness within the appeal period.  Successive post-trial motions will not stay the running of the appeal period.  See Petition of Ellis, 138 N.H. 159 (1993).

        (4)  No filing fee shall be required for an appeal under this rule.

        (5)  Filing of an appeal under this rule may be accomplished by any of the following methods:

            (A)  By delivery of the original notice of appeal in proper form to the office of the clerk of the supreme court during normal business hours of the court. 

            (B)  By depositing the original notice of appeal in proper form in the drop box at the supreme court, but in such circumstances, the notice of appeal shall be deemed filed when opened by the court staff, but in any case, no later than 8:30 a.m. the following business day.

            (C)  By e-mailing the notice of appeal in proper form to the following e-mail address:  7BAppeals@courts.state.nh.us.  At the time that the notice of appeal is e-mailed to the aforesaid e-mail address, the appealing party shall also call the telephone number provided on the “Notice of Expedited Confidential  Appeal from Lower Court Decision on Parental Notification Prior to Abortion” form, to inform the clerk of the supreme court through the court’s answering service that a notice of appeal under RSA 132:34 has been e-mailed to the office of the clerk of the supreme court.  The appealing party need not give any information other than that a notice of appeal under RSA 132:34 has been filed by e-mail, but must provide a confidential telephone number so that the party can be reached in the event that the court has not received the notice of appeal by e-mail.  The appealing party shall also either: (i) send the original notice of appeal, on or before the next business day, by first class mail addressed to the clerk of the supreme court; or (ii) deliver the original notice of appeal to the office of the clerk of the supreme court on the next business day.  The date and time that the notice of appeal is received by e-mail, however, shall be the date and time of filing.

            A minor who files her appeal by e-mail is urged to telephone the office of the clerk of the supreme court at (603) 271-2646 on the next business day to confirm that her notice of appeal was received.

            (D)  By sending the original notice of appeal in proper form by first class mail addressed to the clerk of the supreme court.  The date and time that the notice of appeal is received by the court shall be the date and time of filing.  A filing shall not be timely unless the papers are received by the clerk within the time fixed by rule or law.  Filings postmarked at least two days prior to the time fixed by rule or law shall be deemed timely.

        (6)  Copies of the original notice of appeal shall, at or before the time of filing in the supreme court, be served by the minor or person acting for her on the clerk of the court from which the appeal is taken.  Service may be personal or by e-mail.  Upon receiving notice that an appeal has been filed pursuant to this rule, the superior court shall immediately transmit a copy of the recording of the hearing in the superior court to the supreme court, along with all pleadings and exhibits filed and considered in the proceedings in the lower court, if it has not already done so.  For the purposes of an appeal under this rule, the recording of the hearing in the superior court will be deemed to be the record of the proceeding, and a transcript is not required.

        (7)  The appealing party shall attach to the notice of appeal the decision below, the clerk’s written notice of the decision below, any order disposing of a timely-filed post-trial motion, and the clerk’s written notice of any order disposing of a timely-filed post-trial motion.

        (8)  The appealing party shall file a memorandum of law not to exceed 15 pages in length in support of her appeal with her original notice of appeal.  The memorandum of law need not comply with the requirements of a brief set forth in Supreme Court Rule 16, including the requirements that briefs be bound in pamphlet form and have covers.  The first page of the memorandum of law, however, shall contain: (i) the name of this court; (ii) the title of the case; (iii) the nature of the proceeding in this court and the name of the court below; (iv) the title of the document; and (v) the names, addresses, and New Hampshire Bar identification numbers of counsel representing the party on whose behalf the document is filed.   The memorandum of law shall contain: (i) the questions presented for review, expressed in terms and circumstances of the case but without unnecessary detail; (ii) a concise statement of the case and a statement of facts material to the consideration of the questions presented; (iii) the argument, exhibiting clearly the points of fact and of law being presented, citing the authorities relied upon; (iv) a conclusion, specifying the relief to which the party believes herself entitled; and (v) a statement as to whether the party requests oral argument.

        The notice of appeal or memorandum of law may be accompanied by an appendix containing copies of relevant documents that were filed in the superior court. 

        (9)  Oral argument shall be held only upon order of the supreme court.  Oral argument may be scheduled on short notice.

        (10)  The supreme court shall make a ruling within two court business days from the time that the notice of appeal containing all of the materials required by subsections (7) and (8) of this rule is filed pursuant to this rule.  If the superior court decision is vacated or reversed, the mandate will be issued immediately.
 

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