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 A(7), the Supreme Court of New Hampshire approves, effective immediately, amendments to Supreme Court Rule 5(1) as set forth in Appendix A, Supreme Court Rule 16(10) as set forth in Appendix B, Superior Court Administrative Rule 12-14 as set forth in Appendix C, Procedures Under RSA 524:6-a in the Superior Court Rules as set forth in Appendix D, and District and Municipal Court Rule 4.2 as set forth in Appendix E.

February 7, 2002

ATTEST: ______________________

Eileen Fox, Clerk of Court

Supreme Court of New Hampshire

 

APPENDIX A

Amend Supreme Court Rule 5(1) by substituting "12" for "15" in the first two paragraphs of said rule, so that Rule 5(1) as amended shall state:

(1) In an interlocutory appeal from a ruling and in an appeal from an administrative agency by petition, the party appealing, and in an interlocutory transfer without ruling and in a petition requesting the supreme court to exercise its original jurisdiction, the plaintiff shall pay the entry fee prescribed by the supreme court and shall simultaneously file the original and 12 copies of the required forms in the office of the clerk of this court, 1 copy with each of the parties, and 2 (where appropriate, 3) copies with the office of the clerk of the court or agency from which the appeal or transfer is taken (including a register of probate), 1 each of which copies shall be furnished to the trial judge and master by that clerk.

In an appeal from a lower court decision on the merits pursuant to rule 7, the party appealing shall pay the entry fee prescribed by the supreme court and, unless differently provided by law, shall simultaneously file the original and 12 copies of the notice of appeal and of the attachments mentioned on the notice of appeal form, in the office of the clerk of this court, 1 copy with each of the parties, and 2 (or where appropriate, 3) copies with the office of the clerk of the court from which the appeal is taken (including a register of probate). The latter clerk shall provide a copy to the judge and master.

In all criminal appeals, the defendant shall simultaneously file 1 copy of the notice of appeal with the attorney general.

A cross-appeal by another party shall be docketed in the same manner, accompanied by the required entry fee, subject to rule 7(5).

A motion to extend time to file an appeal document, when not accompanied by the appeal document, shall be docketed upon the filing of an original and 7 copies of the motion, accompanied by the required entry fee. The moving party shall simultaneously file 1 copy with each of the parties, 1 copy with the office of the clerk of the court or agency from which the appeal or transfer is taken, and (in the case of an appeal from an administrative agency) 1 copy with the attorney general.

 

APPENDIX B

Amend Supreme Court Rule 16(10) by substituting "two copies" for "a copy" in the first paragraph, so that Rule 16(10) as amended shall state:

(10) The party filing a brief shall conclude the brief (1) with a certification that the party has hand-delivered or has sent by first class mail two copies of the brief to the other counsel in the case, and (2) when applicable, with a statement that the party waives oral argument or that the party requests oral argument. A party requesting oral argument shall designate the lawyer to be heard if there are two or more lawyers on the party's side and shall estimate the time not exceeding 15 minutes for such argument.

The name of the party filing the brief and the name of the lawyer representing the party shall appear in type at the conclusion of the brief, and the lawyer shall sign the brief. Names of persons not members of the bar or not parties shall not appear on the notice of appeal, the brief, or in the appendix. See rule 33(2).

 

APPENDIX C

Amend Superior Court Administrative Rule 12-14 by deleting paragraphs C and D and replacing them with the following:

C. AID FOR DEPENDENT CHILDREN

Rule 197 Affidavits are to reflect whether the party is currently receiving assistance and also whether such assistance has ever been received in the past (by period of time and amount). In addition, inquiries should be made as to the likelihood of a party being a recipient in the future. In all divorce cases where a party is awarded custody of the children and support, which is to be paid directly to the party, there is to be a provision in the decree that if the party procures AFDC or TANF in the future, then payments will automatically become payable through the division of human services.

D. DIVISION OF HUMAN SERVICES REFERRALS

No referrals for New Hampshire Division of Human Services investigations are to be automatically approved, even when the parties agree. A show cause hearing is to be required except in extraordinary circumstances, and when referrals are approved, inquiry is to be made to determine if the party or parties are to bear the costs of reference.

When an order is made for the Probation Department to investigate the question of custody, the parties, if financially able, are to be required to help defray the cost; ordinarily a payment of $200.00 will be sufficient.

If the Division of Human Services is ordered to investigate the question of support, the parties are to be ordered to report to the Division of Human Services and to file copies of their last income tax returns.

 

APPENDIX D

Amend the Procedures Under RSA 524:6-a in the Superior Court Rules by deleting the sixth paragraph and replacing it with the following:

If the Court finds that the debtor has no property other than property which is exempt from attachment or execution and that the debtor is unable to make weekly payments on the judgment, or if the creditor fails to appear at the hearing, the petition will be dismissed.

 

APPENDIX E

Amend District and Municipal Court Rule 4.2 by substituting "$5,000" for "$2,500" wherever it appears, so that said Rule shall state as follows:

4.2. The amount of the claim cannot exceed $5,000, exclusive of interest and costs. If the claim exceeds that amount, the plaintiff must indicate on the form that s/he waives the right to claim the amount over $5,000; or s/he must proceed not in a small claim action but by regular civil writ, which is more easily done through an attorney.