THE STATE OF NEW HAMPSHIRE
SUPREME COURT OF NEW HAMPSHIRE
O R D E R
Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves an amendment to Supreme Court Rule 12(1) on a temporary basis as set forth in Appendix A; adoption of a new Supreme Court Rule 48-B on a temporary basis as set forth in Appendix B; an amendment to Superior Court Rule 169 on a temporary basis as set forth in Appendix C; and an amendment to District and Municipal Court Rule 1.21(6), as a technical amendment, as set forth in Appendix D.
These amendments shall be effective on July 1, 2003. The temporary amendments set forth in Appendices A, B, and C shall be referred to the Advisory Committee on Rules for consideration of whether they should be adopted on a permanent basis.
June 10, 2003
Eileen Fox, Clerk
Supreme Court of New Hampshire
Amend Supreme Court Rule 12(1) on a temporary basis by deleting section (1) and replacing it with the following:
(1) Supreme Court Records Subject to Public Inspection.
(a) General Rule. In all cases in which relief is sought in the supreme court, all pleadings, docketed entries, and filings related thereto (hereinafter referred to as "case records") shall be available for public inspection unless otherwise ordered by the court in accordance with this rule.
(b) Exceptions. The following categories of case records are not available for public inspection:
(1) records of juvenile cases, including cases of delinquency, abuse or neglect, children in need of services, termination of parental rights, and adoption, which by statute are confidential;
(2) records of guardianship cases filed under RSA chapter 463, but only to the extent that such records relate to the personal history or circumstances of the minor and the minor's family, see RSA 463:9;
(3) records of guardianship cases filed under RSA chapter 464-A, but only to the extent that such records directly relate to alleged specific functional limitations of the proposed ward, see RSA 464-A:8;
(4) applications for a grand jury and grand jury records, which by statute and common law are confidential;
(5) records of other cases that are confidential by statute, administrative or court rule, or court order.
(c) Burden of Proof. The burden of proving that a case record or a portion of a case record should be confidential rests with the party or person seeking confidentiality.
(d) Notwithstanding anything in this rule to the contrary, the supreme court may make public any order or opinion of the supreme court dismissing, declining, summarily disposing of, or deciding any case. Information which would compromise the court's determination of confidentiality, e.g., the name of a juvenile, shall be omitted or replaced by a descriptive term.
Adopt new Supreme Court Rule 48-B as follows:
RULE 48-B. MEDIATOR FEES
(1) Scope. The provisions of this rule shall apply only to proceedings in which the parties are ordered to participate in mediation under RSA 458:15-a.
(a) Indigent cases. In the event both parties are indigent, the mediator shall be paid a set fee of $300.00 for his or her services if one or more sessions occur. The court may order each party to pay a proportional amount of said fee. The fee shall be paid from the special fund established pursuant to RSA 458:17-b and repaid by the parties in accordance with RSA 458:17-e.
(b) Other cases. In cases that do not qualify as indigent, the fee shall be $60.00 per hour. The fee shall be a charge against the parties in a proportional amount as the court may determine.
(c) Missed sessions. In indigent cases, if the parties, or either of them, fail to appear for the first session with the mediator, the mediator shall be paid $120.00 from the special fund in lieu of the $300.00 set fee. In other than indigent cases, if the parties or either of them fail to appear for any session with the mediator, the mediator shall be paid $120.00 for the missed session. The court may allot the responsibility for paying the mediator or reimbursing the state for fees for missed sessions between the parties, as justice requires.
Amend Superior Court Rule 169 by deleting said rule and replacing it with the following:
(I) The appropriate fee must accompany all filings. All fees shall be consolidated into a single payment, when possible.
(II) 32.8% of the entry fee paid in each libel and petition in marital cases ($41.00) shall be deposited into the special fund established by RSA 458:17-b. Said fund is for the compensation of mediators, appointed pursuant to RSA 458:15-a, and guardians ad litem, appointed pursuant to RSA 458:17-a, when the parents are indigent.
(III) (A) Original Entries:
(1) Original Entry of any Action at Law or Equity except a petition for writ of habeas corpus; Original Entry of all Marital Matters, including Order of Notice and Guardian ad Litem Fee; Transfer; the filing of a foreign judgment pursuant to RSA 524-A; or any Special Writ $ 125.00 (2) Original Entry of a petition for writ of habeas corpus $ 0 (no fee) (B) Small Claim Transfer $ 90.00 (C) Motion to Bring Forward (post judgment) $ 50.00 (D) Petition to Annul Criminal Record $ 50.00 (E) Wage Claim Decision $ 25.00 (F) Marriage Waiver $ 25.00 (G) Motion for Periodic Payments $ 15.00 (H) Original Writ (form) $ 1.00 (I) Divorce Certificate (VSR) only Divorce Certificate, Certified Copy of Decree and if applicable, Stipulation, QDRO, USO, and other Decree-related Documents $ 15.00 (J) Certificates and Certified Copies $ 5.00 (K) All Copied Material $ .50/page
(IV) On the commencement of any custody or support proceeding for which a fee is required, including libels for divorce with minor children, an additional fee of $2.00 shall be paid by the petitioner.
Amend District and Municipal Court Rule 1.21(6) by deleting said subsection and replacing it with the following:
(6) The court may prescribe the times, places, amounts of payments and other details in making any order. The court may at any time review, revise, modify, suspend or revoke any order. Failure to obey any lawful order of the court without just cause shall constitute a contempt of court. Contempt proceedings maybe initiated by the judgment creditor by motion or affidavit of noncompliance (Form I) and will result in the issuance of an order of notice to appear before the court to show cause why the defendant should not be held in contempt of court. The judgment creditor shall cause the order of notice to be served either in-hand or by certified mail, restricted delivery, return receipt requested. If the judgment creditor elects to serve the order of notice by certified mail, restricted delivery, return receipt requested, and if the return receipt is returned without indication that the order of notice has been properly served, then in-hand service shall be required.