THE STATE OF NEW HAMPSHIRE

SUPREME COURT OF NEW HAMPSHIRE

O R D E R

 

As a result of the decision of the New Hampshire Supreme Court in Cotter v. Wright, docket number 98-355 (decided December 27, 2000), questions have arisen as to the authority of superior court and family division marital masters to hear certain types of cases. In an effort to provide consistency and to clarify the authority of the masters without either interpreting the Cotter case or deciding in advance any issues that may arise with respect to the masters' jurisdiction, the court approves, on a temporary basis and pursuant to Rule 51 A(7), an amendment as set forth in Appendix A to Superior Court Administrative Rule 12-9. This amendment shall be referred to the advisory committee on rules for consideration of whether it should be adopted as a permanent amendment to Rule 12-9.

February 5, 2001

ATTEST: David S. Peck, Deputy Clerk

Supreme Court of New Hampshire

APPENDIX A

Amend Superior Court Administrative Rule 12-9 by deleting it and replacing it with the following:

12-9. Marital Masters are authorized to hear all marital matters and all matters relating to domestic relations over which the superior court or family division has equitable jurisdiction, including permanent custody and UIFSA cases, except violations. If possible, a Marital Master sitting on the first hearing in a case will thereafter be assigned to take care of all matters pertaining to that case.