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 to Supreme Court Rule 37 as set forth in Appendix A; amendments to Superior Court Rules 2 and 2-A as set forth in Appendix B; amendments to Superior Court Rule 3 as set forth in Appendix C; and amendments to District and Municipal Court Rule 3.2(A) as set forth in Appendix D.

The amendments to Supreme Court Rule 37 shall take effect on June 1, 2001. The amendments to Superior Court Rules 2, 2-A and 3, and to District and Municipal Court Rule 3.2(A) shall take effect on September 1, 2001.

May 1, 2001

ATTEST: ___________________________

Howard J. Zibel, Clerk
Supreme Court of New Hampshire

APPENDIX A

Amend Supreme Court Rule 37 by adding the following new section (12-a) to read as follows:

37(12-a) Readmission after Resignation:

(a) An attorney who has resigned, and who was not the subject of an investigation into allegations of misconduct at or subsequent to the time of resignation, may file a motion for readmission with the supreme court accompanied by evidence of continuing competence and learning in the law, and evidence of continuing moral character and fitness. If the evidence of continuing competence and learning in the law, and evidence of continuing moral character and fitness, are satisfactory to the court, the court may order reinstatement effective upon payment by the applicant of all bar dues and other fees, including public protection fund fees, that the applicant would have been responsible for paying had the applicant remained an active member of the bar from the date of resignation until the date of reinstatement. In addition, the court may condition reinstatement upon completion of such continuing legal education as the court may order.

(b) If the evidence of continuing competence and learning in the law is not satisfactory to the court, the court shall refer the motion for reinstatement to the committee, which shall refer the motion to a hearing panel appointed by the committee. The hearing panel shall promptly schedule a hearing at which the attorney shall have the burden of demonstrating by a preponderance of the evidence that he or she has the competency and learning in law required for reinstatement. At the conclusion of the hearing, the hearing panel shall promptly file a report containing its findings and recommendations and transmit same, together with the record, to the committee. The committee shall review the report of the hearing panel and the record and shall file its own recommendations and findings, together with the record, with the court. Following the submission of briefs, if necessary, and oral argument, if any, the court shall enter a final order. No order of the court granting reinstatement shall be effective prior to payment by the applicant of all bar dues and other fees, including public protection fund fees, that the applicant would have been responsible for paying had the applicant remained an active member of the bar from the date of resignation until the date of reinstatement. In addition, the court may condition reinstatement upon completion of such continuing legal education as the court may order.

(c) If the evidence of continuing moral character and fitness is not satisfactory to the court, the court shall order the applicant to file with the committee on character and fitness and with the clerk of the supreme court the petition and questionnaire referred to in Supreme Court Rule 42(5)(e). Further proceedings shall be governed by Rule 42. No order of the court granting reinstatement shall be effective prior to payment by the applicant of all bar dues and other fees, including public protection fund fees, that the applicant would have been responsible for paying had the applicant remained an active member of the bar from the date of resignation until the date of reinstatement. In addition, the court may condition reinstatement upon completion of such continuing legal education as the court may order.

 

 

 

APPENDIX B

 

Amend Superior Court Rule 2 by renumbering the existing rule to Superior Court Rule 2-A and inserting a new rule 2, so that said rules as amended shall read as follows:

ENTRY OF ACTIONS

2. Writs may be entered with the court prior to service of process or after service of process. See Rule 3. For purposes of complying with the statute of limitations, an action shall be deemed commenced on the date of service of the writ, or the date of entry of the writ, whichever event occurs first.

2-A. Writs will not be accepted for entry unless the mail address and actual street address of each party plaintiff appear thereon (except domestic violence petitions, in accordance with RSA 173-B:3), and no appearance card shall be filed unless it contains the mail address and actual street address of each party defendant included in said appearance card. For good cause shown, any writ or appearance card rejected for non-compliance with this rule may, upon motion and compliance, be admitted for filing.

All changes of either mail address or actual street address shall be filed with the Clerk. Whenever notice to a party is required, notice to the last mail address on file shall be deemed notice to, and binding on, the party.

APPENDIX C

 

Amend Superior Court Rule 3 by adding a new paragraph to the rule, so that Superior Court Rule 3 as amended shall read as follows:

3. No civil action shall be entered upon the docket until the writ is filed and the entry fee paid, and no such action shall be entered after the day following the return day named in the writ, unless by agreement signed by the adverse party or his attorney, or by leave of Court after notice to the adverse party.

For the purpose of compliance with any time deadlines or statutes of limitation, the terms "filing" and "entry" shall have the same meaning and shall be used interchangeably. Whenever any document is received by the Court and time-stamped as received, or the receipt is entered on the Court's database, the earlier of the two shall be accepted as filing or entry.

APPENDIX D

 

Amend District and Municipal Court Rule 3.2(A) by deleting it and replacing it with the following:

 

A. Writs may be entered with the court prior to service of process or after service of process. For purposes of complying with the statute of limitations, an action shall be deemed commenced on the date of service of the writ, or the date of entry of the writ, whichever event occurs first. Writs will not be accepted for entry unless the mail address and actual street address of each party plaintiff appear thereon (except domestic violence petitions, in accordance with RSA 173-B:3), and no appearance card shall be filed unless it contains the mail address and actual street address of each party defendant included in said appearance card. For good cause shown, any writ or appearance card rejected for non-compliance with this rule may, upon motion and compliance, be admitted for filing.

For the purpose of compliance with any time deadlines or statutes of limitation, the terms "filing" and "entry" shall have the same meaning and shall be used interchangeably. Whenever any document is received by the court and time-stamped as received, or the receipt is entered on the court's database, the earlier of the two shall be accepted as filing or entry.

All changes of either mail address or actual street address shall be filed with the Clerk. Whenever notice to a party is required, notice to the last mail address on file shall be deemed notice to, and binding on, the party.