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, effective December 1, 2000, amendments to Supreme Court Rule 10 as set forth in Appendix A; amendments to Supreme Court Rule 16(7) as set forth in Appendix B; amendments to Supreme Court Rule 16(11) as set forth in Appendix C; amendments to Supreme Court Rule 18 as set forth in Appendix D; amendments to Supreme Court Rule 36(3)(a)(2) as set forth in Appendix E; amendments to District and Municipal Court Rule 1.2 as set forth in Appendix F; amendments to Probate Court Rule 1 as set forth in Appendix G; and amendments to Probate Court Rule 2 as set forth in Appendix H.

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 53.8 A., as set forth in Appendix I; amendments to Rule 31 of the Rules for Regulating the Practice in Domestic Relations, which were adopted on a temporary basis by order dated March 6, 1998, as set forth in Appendix J; amendments to District and Municipal Court Rule 1.21(2) as set forth in Appendix K; and amendments to Rule 1.10 of the Rules of Professional Conduct as set forth in Appendix L.

November 2, 2000

ATTEST: Howard J. Zibel, Clerk

Supreme Court of New Hampshire

APPENDIX A

Amend Supreme Court Rule 10 by adding the following new paragraph (9) to read as follows:

(9) If a timely appeal or petition is filed by a party appealing from an administrative agency, any other party may file a cross-appeal or cross-petition within 10 days from the date on which the appeal or petition was docketed with this court, and shall pay a filing fee therewith, provided that the party filing the cross-appeal or cross-petition must have timely filed any required motion for rehearing with the administrative agency.

APPENDIX B

Amend Supreme Court Rule 16(7) by striking out the second paragraph of section (7) and inserting in place thereof the following new paragraph, so that said paragraph shall read as follows:

The party filing the opening brief may similarly file, and make like distribution of, a reply brief, which shall be filed by the earlier of 30 days following the submission of the opposing brief or 10 days before the date of oral argument. A reply brief may be filed after the expiration of the applicable time period only by leave of court. Responses to a reply brief shall not ordinarily be allowed. No response to a reply brief may be filed except by permission of the court received in advance.

APPENDIX C

Amend Supreme Court Rule 16(11) by striking out the second paragraph of section (11) and inserting in place thereof the following new paragraph, so that said paragraph shall read as follows:

Except by permission of the court received in advance, no reply brief (or response thereto) shall exceed 10 pages, and no other brief shall exceed 50 pages, exclusive of pages containing the table of contents, tables of citations, and any addendum containing pertinent texts of constitutions, statutes, rules, regulations, and other such matters.

APPENDIX D

Amend Supreme Court Rule 18 by inserting at the end of said rule the following new paragraph (8):

(8) The supreme court shall make available to the parties, attorneys, and members of the public duplicate copies of audiotapes of oral argument. Upon receipt of a written request for a duplicate audiotape of oral argument, the clerk shall release a copy of the audiotape except that no duplicate audiotape of an oral argument made confidential by statute or case law shall be released. The fee for each audiotape shall be $25.

APPENDIX E

Amend Supreme Court Rule 36 by striking out section (3)(a)(2) and inserting in place thereof the following new section (3)(a)(2), so that said section as amended shall read as follows:

(2) have completed legal studies amounting to at least four semesters, or the equivalent, or have completed two semesters and be enrolled in a law school clinical course with a classroom component geared to training the students for the work, and be of good moral character and fitness;

APPENDIX F

Amend District and Municipal Court Rule 1.2 by striking out said rule and replacing it with the following new rule, so that said rule as amended shall read as follows:

Rule 1.2. Violation of rules

Upon the violation of any rule of court, the court may take such action as justice may require. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, which may include fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party.

APPENDIX G

Amend Probate Court Rule 1 by striking out said rule and replacing it with the following new rule, so that said rule as amended shall read as follows:

Rule 1. Waiver of Rules

As good cause appears and as justice may require, the court may waive the application of any rule.

APPENDIX H

Amend Probate Court Rule 2 by striking out said rule and replacing it with the following new rule, so that said rule as amended shall read as follows:

Rule 2. Violation of Rules

Upon the violation of any rule of court, the court may take such action as justice may require. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, which may include fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party.

APPENDIX I

Amend Supreme Court Rule 53.8 A. by striking out said section and inserting in place thereof the following new section, so that said section shall read as follows:

A. Membership, Appointment and Terms of Board -- The Supreme Court of the State of New Hampshire shall appoint a Minimum Continuing Legal Education Board consisting of ten (10) members as follows:

1. The President-Elect of the New Hampshire Bar Association -- ex officio

2. An active or retired New Hampshire Supreme Court Justice

3. An active or retired New Hampshire Superior Court Judge, an active or retired District Court Judge, or an active or retired Probate Court Judge

4. The Chair of the New Hampshire Bar Association Continuing Legal Education Committee -- ex officio

5. Nominee of the New Hampshire Bar Association President

6. Four (4) lawyers admitted to the New Hampshire Bar Association, at least one of whom shall be a professor of law or other professional educator at the post-secondary level

7. The Executive Director of the New Hampshire Bar Association or designee -- ex officio

Board members, other than ex officio members, shall serve a term of three (3) years or in the case of active members of the judiciary, until they no longer are on the court from which their appointment is derived, if sooner. Nothing in this section shall prohibit an active member of the judiciary whose term expires by reason of retirement from being appointed thereafter as a retired member of the judiciary.

APPENDIX J

Amend Rule 31 of the Rules for Regulating the Practice in Domestic Relations, which were adopted on a temporary basis by order dated March 6, 1998, so that temporary Rule 31 of the Rules for Regulating the Practice in Domestic Relations shall read as follows:

31. Form for Decrees and Stipulations. Proposed decrees or stipulations must be submitted at all temporary and final hearings. They shall follow the format prescribed by Administrative Order. For all final default hearings, the moving party shall provide a copy of the proposed order to the other party at least thirty days before the hearing date.

APPENDIX K

Amend District and Municipal Court Rule 1.21(2) by striking out said paragraph and replacing it with the following new paragraph, so that Rule 1.21(2) as amended shall read as follows:

(2) Upon the filing of a written motion under subdivision (1), a notice of hearing will issue (Form E), requiring the judgment debtor to appear at a time and date named therein and to submit to an examination relative to the judgment debtor's property and ability to pay the judgment. The judgment creditor shall cause the notice of hearing to be served either in-hand or by certified mail, restricted delivery, return receipt requested. If the judgment creditor elects to serve the notice of hearing by certified mail, restricted delivery, return receipt requested, and if the return receipt is returned without indication that the notice of hearing has been properly served, then in-hand service shall be required.

 

APPENDIX L

Amend Rule 1.10 of the Rules of Professional Conduct by striking out paragraph (b) and relettering the subsequent paragraphs, so that Rule 1.10 as amended shall read as follows:

Rule 1.10. Imputed Disqualification: General Rule

(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rule 1.7, 1.8(c), 1.9 or 2.2.

(b) When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer unless:

(1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and

(2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(b) that is material to the matter.

(c) A disqualification prescribed by this Rule may be waived by the affected client under the conditions stated in Rule 1.7.