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 adoption of Superior Court Rule 49-A as set forth in Appendix A; amendments to Superior Court Rule 169, in part on a temporary basis, as set forth in Appendix B; amendments to Superior Court Administrative Rule 12-1 on a temporary basis as set forth in Appendix C; amendments to Superior Court Administrative Rule 12-2 on a temporary basis as set forth in Appendix D; amendments to Superior Court Administrative Rule 12-3 on a temporary basis as set forth in Appendix E; amendments to Superior Court Administrative Rule 12-5 on a temporary basis as set forth in Appendix F; amendments to Superior Court Administrative Rule 12-6 on a temporary basis as set forth in Appendix G; amendments to Superior Court Administrative Rule 12-7 on a temporary basis as set forth in Appendix H; amendments to District Court Rule 3.3 as set forth in Appendix I; amendments to Probate Court Rule 49-A as set forth in Appendix J; amendments to Probate Court Rule 169(I) on a temporary basis as set forth in Appendix K; adoption of Family Division Pilot Project Rule 11 on a temporary basis as set forth in Appendix L; and amendments to Rules of Professional Conduct, Rule 8.5 as set forth in Appendix M.

The amendments in Appendix L shall take effect immediately. The amendments in the remaining appendices shall take effect on March 1, 2005. The temporary amendments set forth in Appendices B, C, D, E, F, G, H, K, and L shall be referred to the Advisory Committee on Rules for consideration of whether they should be adopted on a permanent basis.

January 21, 2005

 

ATTEST: ___________________________

Eileen Fox, Clerk of Court

Supreme Court of New Hampshire

 

 

 

APPENDIX A

 

Adopt new Superior Court Rule 49-A as follows:

49-A. Where a trial has been scheduled in one case prior to the scheduling of another matter in another court, or elsewhere, where an attorney or party has a conflict in date and time, the case first scheduled shall not be subject to a continuance because of the subsequently scheduled matter which is in conflict as to time and date except as follows:

        (a) A subsequently scheduled case involving trial by jury in a District, Superior, or Federal District Court, or argument before the Supreme Court.

        (b) Unusual circumstances causing the respective courts to agree that an order of precedence other than the above shall take place.

APPENDIX B

Amend Superior Court Rule 169 on a temporary basis by deleting sections (III) and (V) and replacing them as follows, and amend Superior Court Rule 169 on a permanent basis by adding a new section (VI), so that said rule as amended shall provide as follows:

169. FEES.

        (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:

 

                  (i)  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

                  (ii)  Original Entry of a petition for writ of habeas corpus

$  0 (no fee)

              (B) Small Claim Transfer Fee

$  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) (i) Divorce Certificate (VSR) only

$    5.00

                  (ii) 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.

    (V)  Pursuant to RSA 490:24, II, the sum of $20.00 shall be added to the fees set forth in paragraphs (III)(A)(1), (III)(C), and (III)(F) above.

(VI) Records Research Fees:

(A) Record information must be requested in writing and include the individual's full name and, if available, the individual's date of birth.

(B) A fee of $10.00 per request will be assessed for electronic (computer) searches of less than ten names.

(C) A fee of $25.00 per request will be assessed for electronic (computer) searches of ten or more names.

(D) Extensive electronic (computer) searches requiring more than one hour will be assessed $25.00 per additional hour or portion thereof.

(E) A fee of $25.00 per hour or portion thereof will be assessed for manual searches. The fee is based on this hourly rate and not the number of names per request.

(F) Charges for requests requiring a combination of manual and electronic searches on the same party will be assessed according to the fee schedule for both categories.

EXAMPLE: One request for electronic search with seven names = $10.00. Additional requirement that one or more of those seven names be manually researched as well = $25.00 per hour or portion thereof. Assuming the manual research is completed in less than one hour, then the total fee = $35.00.

APPENDIX C

Amend Superior Court Administrative Rule 12-1 on a temporary basis by deleting said rule and replacing it with the following:

12-1.   The Marital Master Program is in effect in all Superior Court and Family Division court locations.  The number of Marital Masters to be assigned to each court location shall be determined by the Administrative Judge of the court in question, after consultation with the Clerk.

APPENDIX D

Amend Superior Court Administrative Rule 12-2 on a temporary basis by deleting said rule and replacing it with the following:

12-2.  The Marital Master Program shall be administered in the Superior Court by the Chief Justice of the Superior Court and in the Family Division by the Administrative Judge of the Family Division.

APPENDIX E

Amend Superior Court Administrative Rule 12-3 on a temporary basis by deleting said rule and replacing it with the following:

    
  12-3. All applicants for appointment as a Marital Master must meet the qualifications set forth in RSA 491:20-b, I, and have five or more years experience in the general practice of law or its equivalent.

APPENDIX F

Amend Superior Court Administrative Rule 12-5 on a temporary basis by deleting said rule and replacing it with the following:

12-5.

(a)  Applications to serve as a Marital Master shall be on forms supplied by the Administrative Office of the Courts. A committee of judges and masters, to be known as the Masters Committee, shall evaluate each applicant in the manner it deems appropriate and shall make a recommendation to the Chief Justice of the Superior Court, who shall determine the candidate(s) to be submitted to the Governor and Council for appointment. In evaluating the qualifications of applicants, the Masters Committee shall seek input from members of the New Hampshire Bar who have experience in the practice of family law.

(b) The Chief Justice of the Superior Court shall recommend the selected person(s) to the Governor and Council for initial appointment pursuant to the procedure specified in RSA 491:20-a.

(c) The Chief Justice of the Superior Court, in consultation with the Administrative Judge of the Family Division with respect to Marital Masters who serve in the Family Division, shall make recommendations for reappointment of Marital Masters to the full Superior Court.

APPENDIX G

Amend Superior Court Administrative Rule 12-6 on a temporary basis by deleting said rule and replacing it with the following:

                    12-6.

(a) All Marital Masters shall be appointed for an initial three-year period as provided by RSA 491:20-a, III.

(b) A Marital Master desiring to be reappointed at the expiration of his or her initial term must file a request with the Chief Justice of the Superior Court no later than 90 days prior to the expiration of his or her term. Reappointment shall be upon vote of the full Superior Court and shall be for a period of five years. There shall be no limitation on the number of times a Marital Master may be reappointed.

APPENDIX H

Amend Superior Court Administrative Rule 12-7 on a temporary basis by deleting said rule and replacing it with the following:

12-7. The Chief Justice of the Superior Court or the Administrative Judge of the Family Division, as the case may be, may at any time consider and act on any grievance or complaint concerning a Marital Master and take whatever action is appropriate, including, during the Marital Master's initial term, a recommendation to the Governor and Council that the Marital Master's appointment be terminated, and during any subsequent term, a recommendation to the full Superior Court that the Marital Master's appointment be terminated. All Marital Masters shall be governed by all of the canons of the Code of Judicial Conduct.  Subsequent to their initial term, Marital Masters serve at the pleasure of the Superior Court.

APPENDIX I

Amend District and Municipal Court Rule 3.3 by deleting said rule and replacing it with the following:

Rule 3.3. Court fees

(I)  Fees

    (A) Original Entries:

        Civil writ of summons

$ 75.00

        Replevin

$ 75.00

        Landlord/Tenant entry

$ 50.00

        Registration of foreign judgment

$ 100.00

        Small claims entry

$ 35.00



    (B) General and Miscellaneous
        

        Motion for Periodic Payments

$ 15.00

        Petition to annul criminal record

$ 50.00

        Original writ

$ 1.00 each



    (C)  Certificates & Copies
        

        Certificate of Judgment

$ 10.00

        Exemplication of Judgment

$ 25.00

        Certified copies

$ 5.00

        All copied material (except transcripts)

$ .50/page

        Computer screen printout

$ .50/page



(II)  Surcharge

        Pursuant to RSA 490:24, II, the sum of $20.00 shall be added to the fees set forth in paragraph (I)(A) above.

(III) Records Research Fees

(A) Record information must be requested in writing and include the individual's full name and, if available, the individual's date of birth.

(B) A fee of $10.00 per request will be assessed for electronic (computer) searches of less than ten names.

(C) A fee of $25.00 per request will be assessed for electronic (computer) searches of ten or more names.

(D) Extensive electronic (computer) searches requiring more than one hour will be assessed $25.00 per additional hour or portion thereof.

(E) A fee of $25.00 per hour or portion thereof will be assessed for manual searches. The fee is based on this hourly rate and not the number of names per request.

(F) Charges for requests requiring a combination of manual and electronic searches on the same party will be assessed according to the fee schedule for both categories.

EXAMPLE: One request for electronic search with seven names = $10.00. Additional requirement that one or more of those seven names be manually researched as well = $25.00 per hour or portion thereof. Assuming the manual research is completed in less than one hour, then the total fee = $35.00.

 

APPENDIX J

Amend Probate Court Rule 49-A by substituting the word "date" for "dated" in the first sentence, and adopting said rule, as amended, on a permanent basis as follows:

Rule 49-A. CONTINUANCES - Scheduling Conflict

        Where a trial has been scheduled in one case prior to the scheduling of another matter in another Court, or elsewhere, where an Attorney or Party has a conflict in date and time, the case first scheduled shall not be subject to a continuance because of the subsequently scheduled matter which is in conflict as to time and date except as follows:

        (a) A subsequently scheduled case involving trial by jury in a District, Superior, or Federal District Court, or argument before the Supreme Court.

        (b) Unusual circumstances causing the respective Courts to agree that an order of precedence other than the above shall take place.

APPENDIX K

Amend Probate Court Rule 169(I) on a temporary basis by deleting said section and replacing it with the following:

 

(I) ENTRY FEES:

(a) Original Entry of any Equity Action

$130.00

(b) Petition File and Record Authenticated Copy of Will, Foreign Wills; Petition Estate Administration; Petition Administration of Person Not Heard From; Petition Guardian, Foreign Guardian or Conservator (RSA 464-A)

$105.00

(c) Petition Termination of Parental Rights; Petition Involuntary Admission; Petition Guardian Minor Estate and Person and Estate (RSA 463); Petition Guardian of Incompetent Veteran (RSA 465)

$80.00

(d) Petition Adoption, includes one certificate (no entry fee when accompanied by a Petition for termination); Motion to Reopen (estate administration); Motion to Bring Forward

$55.00

(e) Administration of Small Estates (Voluntary Administration); Petition Change of Name (includes one certificate); Petition Guardian Minor Person (RSA 463)

$ 30.00

(f) Marriage Waiver

$25.00

(g) Motion Prove Will in Common and/or Solemn Form (administration required); Motion to Re-examine Will

$105.00

(h) Petition Appoint Trustee

$80.00

(i) Motion Successor Trustee, Administrator, Executor, or Guardian of Estate and Person and Estate (RSA 463) (RSA 464-A); All Fiduciary Accounts; Motion for Summary Administration

$55.00

(j) Petition Change of Venue (includes authenticated copy fee); Motion Successor Guardian of Person (RSA 463) (RSA 464-A); Motion Sue on Bond; Motion Remove Fiduciary; Motion Fiduciary to Settle Account

$30.00

(k) Pursuant to RSA 490:24, II, the sum of $20.00 shall be added to the fees set forth in subsections (a), (b), (c), (d), (e), and (f) above.

 

APPENDIX L

Adopt a new Rule 11 in the section entitled "General" of the Family Division Pilot Program Rules as follows:

11. Referees: Referees appointed by the superior court may be assigned to the judicial branch family division by agreement of the Chief Justice of the Superior Court and the Administrative Judge of the Judicial Branch Family Division. Thereafter, the referee shall be assigned to such matters as the Judicial Branch Family Division Administrative Judge shall direct. Referees assigned under this rule shall have the same authority as those appointed to the superior court pursuant to RSA 519.

APPENDIX M

Amend Professional Conduct Rule 8.5 by deleting said rule and replacing it with the following:

Rule 8.5. Disciplinary Authority; Choice of Law; Application of Rules to Nonlawyer Representatives

   (A) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer's conduct occurs. A lawyer not admitted in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer provides or offers to provide any legal services in this jurisdiction. A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct.

    (B) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows:

        (1) for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and

        (2) for any other conduct, the rules of the jurisdiction in which the lawyer's conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer's conduct will occur.
       
    (C) Application of Rules to Nonlawyer Representatives. Rules 1.2, 1.3, 1.4, 1.14, 1.15, 3.1, 3.2, 3.3, 3.4, 3.5, 4.1, 4.2, 4.3, 4.4, 8.2(a), and 8.4 of the Rules of Professional Conduct shall apply to persons who, while not lawyers, are permitted to represent other persons before the courts of this jurisdiction pursuant to RSA 311:1. The attorney discipline system shall have jurisdiction to consider grievances alleging violations of these Rules of Professional Conduct by nonlawyer representatives.