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 amendments, on a temporary basis, to Probate Court Rule 169(I)(b), (e) and (i) as set forth in Appendix A; amendments, on a temporary basis, to the Supreme Court Rule 7 Notice of Mandatory Appeal form as set forth in Appendix B; and amendments, on a temporary basis, to the Supreme Court Rule 7 Notice of Discretionary Appeal form as set forth in Appendix C.

The amendments in Appendix A shall take effect on January 1, 2006. The amendments in Appendices B and C shall take effect immediately. These temporary amendments shall be referred to the Advisory Committee on Rules for consideration of whether they should be adopted on a permanent basis.

November 28, 2005

ATTEST: ___________________________
Eileen Fox, Clerk of Court
Supreme Court of New Hampshire

 

APPENDIX A

Amend Probate Court Rule 169(I) by deleting subsections (b), (e) and (i) and replacing them with the following:

(b) Petition File and Record Authenticated Copy of Will, Foreign Wills; Petition Estate Administration for estates with a gross value greater than $25,000; Petition Administration of Person Not Heard From; Petition Guardian, Foreign Guardian or Conservator (RSA 464-A) $105.00                       

. . . .

(e) Petition Estate Administration for estates having a gross value of $25,000 or less; Petition Change of Name (includes one certificate); Petition Guardian Minor Person (RSA 463) $ 30.00

. . . .

(i) Motion Successor Trustee, Administrator, Executor, or Guardian of Estate and Person and Estate (RSA 463) (RSA 464-A); All Fiduciary Accounts for estates with a gross value greater than $25,000; Motion for Summary Administration $ 55.00

APPENDIX B

Amend Supreme Court Rule 7 Notice of Mandatory Appeal Form by deleting the first paragraph on the first page of the form and replacing it with the following:

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 a 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; (6) a probation revocation proceeding; or (7) a landlord/tenant action or a possessory action filed under RSA chapter 540.

APPENDIX C

Amend Supreme Court Rule 7 Notice of Discretionary Appeal Form by deleting the first paragraph on the first page of the form and replacing it with the following:

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 a 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; (6) a probation revocation proceeding; or (7) a landlord/tenant action or a possessory action filed under RSA chapter 540.