THE STATE OF NEW HAMPSHIRE

SUPREME COURT OF NEW HAMPSHIRE

O R D E R

NEW APPELLATE PROCESS -- FORMS

 

Earlier this year, the court announced its intention to expand the appellate review process, increasing the number of appeals from trial courts that are accepted by the court for review. The court invited public comment on proposed rule amendments intended to implement the new appellate review process, including new forms. See R-2003-0001, In re Proposed Amendments to Supreme Court Rules. After consideration of the comments received, and pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire adopts on a temporary basis the following forms, which will appear in the appendix to the Supreme Court Rules:

(1) Rule 7 Notice of Discretionary Appeal form as set forth in Appendix A;

(2) Rule 7 Notice of Mandatory Appeal form as set forth in Appendix B;

(3) Outside front cover of cases and briefs filed in Supreme Court form as set forth in Appendix C.

The following forms, which currently appear in the appendix to the Supreme Court Rules, are repealed:

(1) Notice of appeal;

(2) Transcript requisition;

(3) Outside front cover of cases and briefs filed in Supreme Court.

 

 

 

These amendments shall take effect on January 1, 2004. The amendments 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.

November 12, 2003

ATTEST: ___________________________

Eileen Fox, Clerk
Supreme Court of New Hampshire

 

APPENDIX A

Adopt a new Rule 7 Notice of Discretionary Appeal form on a temporary basis as follows:

NEW HAMPSHIRE SUPREME COURT

RULE 7 NOTICE OF DISCRETIONARY APPEAL

This form should be used only for an appeal from a final decision on the merits issued by a superior court, district court, probate court or family division court in: (1) a post-conviction review proceeding; (2) a proceeding involving the collateral challenge to a conviction or sentence; (3) a sentence modification or suspension proceeding; (4) an imposition of sentence proceeding; (5) a parole revocation proceeding; or (6) a probation revocation proceeding.

1. COMPLETE CASE TITLE AND DOCKET NUMBERS IN TRIAL COURT

 

 

 

 

2. COURT APPEALED FROM AND NAME OF JUDGE(S) WHO ISSUED DECISION(S)

 

 

 

3A. NAME AND ADDRESS OF APPEALING PARTY. IF REPRESENTING SELF, PROVIDE TELEPHONE NUMBER.

 

 

 

 

 

 

 

 

 

 

 

3B. NAME, FIRM NAME, ADDRESS AND TELEPHONE NUMBER OF APPEALING PARTY'S COUNSEL

 

 

 

 

 

 

 

 

4A. NAME AND ADDRESS OF OPPOSING PARTY

 

 

 

 

 

 

 

 

 

 

 

4B. NAME, FIRM NAME, ADDRESS AND TELEPHONE NUMBER OF OPPOSING PARTY'S COUNSEL

(11/03)

 

5. NAMES OF ALL OTHER PARTIES AND COUNSEL IN TRIAL COURT

 

 

 

 

 

 

 

 

 

 

6. DATE OF CLERK’S NOTICE OF DECISION OR SENTENCING.

DATE OF CLERK'S NOTICE OF DECISION ON POST-TRIAL MOTION, IF ANY.

 

 

 

7. CRIMINAL CASES: DEFENDANT’S SENTENCE AND BAIL STATUS
8. APPELLATE DEFENDER REQUESTED?

IF SO, CITE STATUTE OR OTHER LEGAL AUTHORITY UPON WHICH CRIMINAL LIABILITY WAS BASED AND ATTACH FINANCIAL AFFIDAVIT (OCC FORM 4)

9. IS ANY PART OF CASE CONFIDENTIAL? IF SO, IDENTIFY WHICH PART AND CITE AUTHORITY FOR CONFIDENTIALITY. SEE SUPREME COURT RULE 12.

 

 

10. IF ANY PARTY IS A CORPORATION, LIST THE NAMES OF PARENTS, SUBSIDIARIES AND AFFILIATES.

 

11. DO YOU KNOW OF ANY REASON WHY ONE OR MORE OF THE SUPREME COURT JUSTICES WOULD BE DISQUALIFIED FROM THIS CASE? _____YES _____NO

IF YOUR ANSWER IS YES, YOU MUST FILE A MOTION FOR RECUSAL IN ACCORDANCE WITH SUPREME COURT RULE 21A.

12. IS A TRANSCRIPT OF TRIAL COURT PROCEEDINGS NECESSARY FOR THIS APPEAL?

_____YES _____NO

IF YOUR ANSWER IS YES, YOU MUST COMPLETE THE TRANSCRIPT ORDER FORM ON PAGE 4 OF THIS FORM.

 

13. NATURE OF CASE AND RESULT (Limit two pages double-spaced; please attach.)

14. ISSUES ON APPEAL (Limit eight pages double-spaced; please attach.)

The New Hampshire Supreme Court reviews each discretionary notice of appeal and decides whether to accept the case, or some issues in the case, for appellate review. The following acceptance criteria, while neither controlling nor fully describing the court’s discretion, indicate the character of the reasons that will be considered.

1. The case raises a question of first impression, a novel question of law, an issue of broad public interest, an important state or federal constitutional matter, or an issue on which there are conflicting decisions in New Hampshire courts.

2. The decision below conflicts with a statute or with prior decisions of this court.

3. The decision below is erroneous, illegal, unreasonable or was an unsustainable exercise of discretion.

Separately number each issue you are appealing and for each issue: (a) state the issue; (b) explain why the acceptance criteria listed above support acceptance of that issue; and (c) if a ground for appeal is legal sufficiency of evidence include a succinct statement of why the evidence is alleged to be insufficient as a matter of law.

15. ATTACHMENTS

Attach to this notice of appeal the following documents in order: (1) a copy of the trial court decision or order from which you are appealing; (2) the clerk’s notice of the decision below; (3) any court order deciding a timely post-trial motion; and (4) the clerk’s notice of any order deciding a timely post-trial motion.

Do not attach any other documents to this notice of appeal. Any other documents you wish to submit must be included in a separately bound Appendix, which must have a table of contents on the cover and consecutively numbered pages.

16. CERTIFICATIONS

I hereby certify that every issue specifically raised has been presented to the court below and has been properly preserved for appellate review by a contemporaneous objection or, where appropriate, by a properly filed pleading.

_________________________________

Appealing Party or Counsel

I hereby certify that on or before the date below, copies of this notice of appeal were served on all parties to the case and were filed with the clerk of the court from which the appeal is taken in accordance with Rule 26(2).

___________________ _________________________________

Date Appealing Party or Counsel

 

TRANSCRIPT ORDER FORM

INSTRUCTIONS:

1. If a transcript is necessary for your appeal, you must complete this form.

2. List each portion of the proceedings that must be transcribed for appeal, e.g., entire trial (see Superior Court Administrative Rule 3-1), motion to suppress hearing, jury charge, etc., and provide information requested.

3. Determine the amount of deposit required for each portion of the proceedings and the total deposit required for all portions listed. Do not send the deposit to the Supreme Court. You will receive an order from the Supreme Court notifying you of the deadline for paying the deposit amount to the trial court. Failure to pay the deposit by the deadline may result in the dismissal of your appeal.

LIST EACH PORTION OF CASE PROCEEDINGS TO BE TRANSCRIBED.

DATE OF PROCEED-ING TYPE OF PROCEED-ING LENGTH OF PROCEED-ING NAME OF JUDGE(S) NAME OF COURT REPORTER (IF PROCEEDING WAS RECORDED SO INDICATE) PORTIONS PREVIOUSLY PREPARED ** DEPOSIT (SEE SCHEDULE BELOW)
           

$

           

$

           

$

           

$

           

$

           

$

 

 

DO NOT SEND DEPOSIT AT THIS TIME.

 

TOTAL DEPOSIT:

$

 

SCHEDULE OF DEPOSITS

 

Length of Proceeding Deposit Amount
Hearing or trial of one hour or less $ 175
Hearing or trial up to day $ 450
Hearing or trial of more than day $ 900/day
Previously prepared portions Number of pages x $.50 per page per copy
If additional copies are needed

NOTE: The deposit is an estimate of the transcript cost. After the transcript has been completed, you may be required to pay an additional amount if the final cost of the transcript exceeds the deposit. Any amount paid as a deposit in excess of the final cost will be refunded. The transcript will not be released to the parties until the final cost of the transcript is paid in full.

** For portions of the transcript that have been previously prepared, indicate number of copies that were prepared.

 

 

 

 

 

 

APPENDIX B

Adopt a new Rule 7 Notice of Mandatory Appeal form on a temporary basis as follows:

 

NEW HAMPSHIRE SUPREME COURT

RULE 7 NOTICE OF MANDATORY APPEAL

This form should be used for an appeal from a final decision on the merits issued by a superior court, district court, probate court or family division court except for a decision from: (1) a post-conviction review proceeding; (2) a proceeding involving the collateral challenge to a conviction or sentence; (3) a sentence modification or suspension proceeding; (4) an imposition of sentence proceeding; (5) a parole revocation proceeding; or (6) a probation revocation proceeding.

1. COMPLETE CASE TITLE AND DOCKET NUMBERS IN TRIAL COURT

 

 

 

 

2. COURT APPEALED FROM AND NAME OF JUDGE(S) WHO ISSUED DECISION(S)

 

 

 

3A. NAME AND ADDRESS OF APPEALING PARTY. IF REPRESENTING SELF, PROVIDE TELEPHONE NUMBER

 

 

 

 

 

 

 

 

 

 

 

3B. NAME, FIRM NAME, ADDRESS AND TELEPHONE NUMBER OF APPEALING PARTY’S COUNSEL

 

 

 

 

 

 

 

 

4A. NAME AND ADDRESS OF OPPOSING PARTY

 

 

 

 

 

 

 

 

 

 

 

4B. NAME, FIRM NAME, ADDRESS AND TELEPHONE NUMBER OF OPPOSING PARTY’S COUNSEL

(11/03)

 

5. NAMES OF ALL OTHER PARTIES AND COUNSEL IN TRIAL COURT

 

 

 

 

 

 

 

 

 

 

6. DATE OF CLERK’S NOTICE OF DECISION OR SENTENCING. ATTACH COPY OF NOTICE AND DECISION.

DATE OF CLERK’S NOTICE OF DECISION ON POST-TRIAL MOTION, IF ANY. ATTACH COPY OF NOTICE AND DECISION.

 

 

 

7. CRIMINAL CASES: DEFENDANT’S SENTENCE AND BAIL STATUS
8. APPELLATE DEFENDER REQUESTED?

IF SO, CITE STATUTE OR OTHER LEGAL AUTHORITY UPON WHICH CRIMINAL LIABILITY WAS BASED AND ATTACH FINANCIAL AFFIDAVIT (OCC FORM 4)

 

9. IS ANY PART OF CASE CONFIDENTIAL? IF SO, IDENTIFY WHICH PART AND CITE AUTHORITY FOR CONFIDENTIALITY. SEE SUPREME COURT RULE 12.

 

 

10. IF ANY PARTY IS A CORPORATION, LIST THE NAMES OF PARENTS, SUBSIDIARIES AND AFFILIATES.

 

11. DO YOU KNOW OF ANY REASON WHY ONE OR MORE OF THE SUPREME COURT JUSTICES WOULD BE DISQUALIFIED FROM THIS CASE? _____YES _____NO

IF YOUR ANSWER IS YES, YOU MUST FILE A MOTION FOR RECUSAL IN ACCORDANCE WITH SUPREME COURT RULE 21A.

12. IS A TRANSCRIPT OF TRIAL COURT PROCEEDINGS NECESSARY FOR THIS APPEAL?

_____YES _____NO

IF YOUR ANSWER IS YES, YOU MUST COMPLETE THE TRANSCRIPT ORDER FORM ON PAGE 4 OF THIS FORM.

 

 

13. LIST SPECIFIC QUESTIONS TO BE RAISED ON APPEAL, EXPRESSED IN TERMS AND CIRCUMSTANCES OF THE CASE, BUT WITHOUT UNNECESSARY DETAIL. STATE EACH QUESTION IN A SEPARATELY NUMBERED PARAGRAPH. SEE SUPREME COURT RULE 16(3)(b).

 

14. CERTIFICATIONS

I hereby certify that every issue specifically raised has been presented to the court below and has been properly preserved for appellate review by a contemporaneous objection or, where appropriate, by a properly filed pleading.

____________________________________

Appealing Party or Counsel

I hereby certify that on or before the date below, copies of this notice of appeal were served on all parties to the case and were filed with the clerk of the court from which the appeal is taken in accordance with Rule 26(2).

___________________ ____________________________________

Date                                  Appealing Party or Counsel

 

 

TRANSCRIPT ORDER FORM

INSTRUCTIONS:

1. If a transcript is necessary for your appeal, you must complete this form.

2. List each portion of the proceedings that must be transcribed for appeal, e.g., entire trial (see Superior Court
Administrative Rule 3-1), motion to suppress hearing, jury charge, etc., and provide information requested.

3. Determine the amount of deposit required for each portion of the proceedings and the total deposit required
for all portions listed. Do not send the deposit to the Supreme Court. You will receive an order from the
Supreme Court notifying you of the deadline for paying the deposit amount to the trial court. Failure to pay
the deposit by the deadline may result in the dismissal of your appeal.

LIST EACH PORTION OF CASE PROCEEDINGS TO BE TRANSCRIBED.
DATE OF PROCEED-ING TYPE OF PROCEED-ING LENGTH OF PROCEED-ING NAME OF JUDGE(S) NAME OF COURT REPORTER (IF PROCEEDING WAS RECORDED SO INDICATE) PORTIONS PREVIOUSLY PREPARED ** DEPOSIT (SEE SCHEDULE BELOW)
            $
            $
            $
            $
            $
            $
   

DO NOT SEND DEPOSIT AT THIS TIME.

  TOTAL DEPOSIT:

$

 

SCHEDULE OF DEPOSITS

Length of Proceeding Deposit Amount
Hearing or trial of one hour or less $ 175
Hearing or trial up to day $ 450
Hearing or trial of more than day $ 900/day
Previously prepared portions Number of pages x $.50 per page per copy
If additional copies are needed

NOTE: The deposit is an estimate of the transcript cost. After the transcript has been completed, you may be required to pay an additional amount if the final cost of the transcript exceeds the deposit. Any amount paid as a deposit in excess of the final cost will be refunded. The transcript will not be released to the parties until the final cost of the transcript is paid in full.

** For portions of the transcript that have been previously prepared, indicate number of copies that were prepared.

 

 

 

 

 

 

APPENDIX C

Adopt a new form on a temporary basis for the Outside front cover of cases and briefs filed in Supreme Court as follows:

OUTSIDE FRONT COVER OF CASES AND BRIEFS

FILED IN SUPREME COURT

THE STATE OF NEW HAMPSHIRE

SUPREME COURT

No. 2004-1234

A B C

v.

D E F

(Identify document: e.g., plaintiff's brief; appeal by petition pursuant to RSA 541:6; petition for writ of prohibition.)

(Counsel's name and address. If
counsel is a firm, identify member
of firm handling the case.)

John Doe, Esq.
Doe and Roe
123 Central Street
Concord, N.H. 03301