Superior Court Rules Table of Contents
215. COMMENCEMENT
OF ACTION. A request for waiver of
parental notice prior to abortion, pursuant to RSA 132:34, shall be filed in the
superior court in the form of the “Petition for Waiver of Parental Notice For
Abortion Requested by a Minor,” as approved by the supreme court. The minor must provide her legal name
and date of birth in the petition, but she may request that the petition be
titled using a pseudonym or her initials. The
minor must provide information in the petition about how she can be contacted confidentially, unless she is represented by
counsel, in which case she shall provide contact information for her counsel. If the minor is unrepresented and is
unable to provide the court with a confidential means to contact her, the minor
must file the petition with the court in person and wait at the court for notice
of the scheduled hearing. See Rule
216.
The petition for waiver of parental notice shall be signed by the minor.
If a petition is filed by e-mail, the minor’s name may be
typewritten in lieu of a signature.
All proceedings pursuant to these rules shall be held in closed
court, shall be confidential and shall ensure the anonymity of the minor. All court proceedings shall be sealed. All documents related to the petition
shall be confidential and shall not be available to the public.
216. FILING. No filing fee shall be required for a
petition for waiver of parental notice prior to abortion filed pursuant to RSA
132:34.
A petition shall be deemed filed upon the court’s receipt
of the completed petition for waiver of parental notice. Filing may be accomplished in any of the
following ways:
(1) by delivery to the office of the
clerk of the superior court during normal court hours;
(2) by depositing in a drop box at a
superior court location, but in such circumstances, the petition shall be deemed
filed when opened by the court staff, but in any case, no later than 8:00 a.m.
the following business day;
(3) by first-class mail to the office of
the clerk of the superior court; or
(4) by e-mail to the following e-mail
address: parentalnotice@courts.state.nh.us. If a petition is filed by e-mail, the minor or her counsel shall also
call the telephone number listed on the judicial branch website to inform the
office of the clerk through the court’s answering service that a petition for
waiver of parental notice has been filed. In
addition to advising the answering service that a petition under RSA 132 has
been filed by e-mail, the minor or her counsel shall identify the superior court location selected
for filing, and provide a telephone number so that the minor or her
counsel can be contacted in the event the court does not receive the e-mail
filing.
217. RIGHT TO
COUNSEL; GUARDIAN AD LITEM. A minor
filing a petition for waiver of parental notice has a right to court-appointed
counsel. A minor requesting the
appointment of counsel shall indicate in the petition for a waiver of parental
notice whether she is requesting the appointment of counsel by the court. The court shall appoint counsel for the
minor as soon as possible after the filing of the petition for waiver of
parental notice in which counsel is requested, but in every case in which
counsel is requested, counsel shall be appointed prior to the hearing on the
petition. The court may also
appoint a guardian ad litem for the minor.
218. SCHEDULING
A HEARING. A hearing on a petition
for waiver of parental notice shall be scheduled as soon as practicable, but in
every case, within two court business days of filing, unless such time period is waived by the
minor. At the court’s discretion,
the hearing may be held in person, telephonically, or electronically, at any
location chosen by the court.
The minor and her counsel
are obligated to make themselves available for a hearing, which may be scheduled
with short notice at any time after the filing of the petition for waiver of
parental notice. Failure on the
part of the minor to make herself available for a hearing may result in the
denial of the petition without prejudice.
Notice of the date and time of the hearing shall be given to
the minor or her counsel through the means of contact provided by the minor or
her counsel in the petition, or through another means agreed upon by the minor
or her counsel and the clerk. Every
attempt shall be made to provide the minor or her counsel with notice of the
hearing at least two hours prior to the time of the hearing. Nevertheless, transmittal of notice to
the minor or her counsel of the scheduling of the hearing through the means of
contact provided in the petition or agreed upon with the clerk shall be deemed
sufficient notice of the hearing, whether the minor or her counsel receives the
notice prior to the hearing.
219. RULING ON
PETITION. The court shall rule upon
the petition for waiver of parental notice within two court business days of filing, and a copy of the court’s
order will be provided to the minor or her counsel within the same time period. A copy of the order may be provided in
hand, or provided by another means agreed upon by the minor or her counsel and
the clerk. An electronically signed
order shall have the same force and effect as a paper order containing an
original signature and conventionally signed order. An electronically signed order shall
include, but is not limited to, the signatory’s name (i) preceded by a
“/s/”, (ii) typed in the document, or (iii) inserted in the document as an
imaged signature. A person who relies upon a court order issued pursuant to
this rule as evidence that the minor has obtained a judicial waiver of notice
pursuant to RSA 132:34, II shall not be held liable under RSA 132:35.
`The clerk shall make a
Notice of Decision available to the minor by the next business day. The Notice of Decision may be provided
in hand at the court to the minor or provided by another means agreed upon by
the minor or her counsel and the clerk. The Notice of Decision shall be mailed to the minor’s
counsel and to the guardian ad litem, if any, by the next business day.
220. CERTIFICATE. If the petition for waiver of parental
notice is granted, the court shall issue a Certificate to Allow Medical Provider
to Perform an Abortion without Notifying a Minor’s Parents or Guardian. This certificate shall set forth the
minor’s legal name and her date of birth, but shall not include the court’s
factual findings and legal conclusions supporting its decision. The certificate shall be issued under
court seal. The certificate shall
be made available to the minor in hand at the court, or by another means agreed
upon by the minor or her counsel and the clerk, no later than the next business
day. A person who relies upon a
certificate issued pursuant to this rule as evidence that the minor has obtained
a judicial waiver of notice pursuant to RSA 132:34, II shall not be held liable
under RSA 132:35.
221. APPOINTMENT
OF COUNSEL. If the minor requests
the appointment of counsel, the court shall appoint an attorney to represent the
minor.
Whether retained by the minor or appointed by the court,
trial counsel shall be responsible for representing the minor in an appeal to
the supreme court pursuant to RSA 132:34, II (c), unless the superior court,
prior to the filing of the appeal, permits counsel to withdraw due to
exceptional circumstances. A motion
to withdraw as counsel in such a matter must state the exceptional circumstances
that would warrant the grant of leave to withdraw. If a motion to withdraw as counsel is
granted, the court shall appoint new counsel to represent the minor for the
remainder of the proceedings, or for the purpose of an appeal, if any.
A minor who seeks to appeal the denial of a petition for
waiver of parental notice and who was not represented by counsel in superior
court may request that the superior court appoint counsel to assist the minor on
appeal. In such a case, the minor
shall file with the superior court a “Request for Court-Appointed Counsel in
Expedited Confidential Appeal From Lower Court Decision on Parental Notification
Prior to Abortion” form. Such a
request shall be filed with the superior court prior to filing a notice of
appeal in the supreme court, and shall be brought to the attention of the court
for immediate ruling. See Supreme
Court Rule 32-B.
222. COUNSEL AND
GUARDIAN AD LITEM FEES. All bills
related to fees and expenses pursuant to petitions filed under RSA 132 by court
appointed counsel or guardians
ad litem must be itemized as to the
time spent and expenses incurred. There
shall be no separate charge for overhead or travel time. The expense of telephone calls shall not
be reimbursed. The maximum fee for
representation of a minor in the superior court is $1000. All bills related to fees and expenses
must be submitted to the court no later than sixty days after disposition. The court may allow late filing for good
cause shown, when justice so requires.