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(7), the Supreme Court of New Hampshire approves, on a temporary basis, adoption of amendments to Supreme Court Rule 13 as set forth in Appendix A, and Supreme Court Rule 42(10)(c) as set forth in Appendix B. Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51(7), the Supreme Court of New Hampshire approves adoption of technical amendments to Supreme Court Rule 42(10)(a)(v), 42(11)(c) and 42(12)(d) as set forth in Appendix C. These amendments shall take effect on January 1, 2004. The amendments set forth in Appendices A and B shall be referred to the Advisory Committee on Rules for consideration of whether they should be adopted on a permanent basis.

December 30, 2003

ATTEST: ___________________________

                Eileen Fox, Clerk
                Supreme Court of New Hampshire

 

APPENDIX A

Amend Supreme Court Rule 13, which was amended by court order dated November 12, 2003, on a temporary basis by deleting said rule and replacing it with the following:

Rule 13. The Record.

(1) The papers and exhibits filed and considered in the proceedings in the lower court or administrative agency from which the questions of law have been transferred, the transcript of proceedings, if any, and a certified copy of the docket entries prepared by the clerk of the lower court or administrative agency shall be the record in all cases entered in the supreme court.

(2) The moving party shall be responsible for ensuring that all or such portions of the record relevant and necessary for the court to decide the questions of law presented by the case are in fact provided to the supreme court. The supreme court may dismiss the case for failure to comply with this requirement.

(3) The supreme court will not ordinarily review any part of the record that has not been provided to it in an appendix or transmitted to it. See Rules 13(2), 17(1).

(4) If the moving party seeks to have papers or exhibits filed in the court or agency below transmitted to the supreme court for review, then on or before the date established by the supreme court for filing the opening brief, the moving party shall designate the papers and exhibits to be transferred in a letter to the clerk of the supreme court, with copies to the clerk of the court or agency below and all other parties.

If any other party seeks to have papers or exhibits filed in the court or agency below transmitted to the supreme court for review, then on or before the date established by the supreme court for filing the opposing brief, the party shall designate the papers and exhibits to be transferred in a letter to the clerk of the supreme court, with copies to the clerk of the court or agency below and all other parties.

(5) The clerk of the supreme court shall order the lower court or administrative agency to transmit the designated papers and exhibits to the supreme court. Neither the original nor a reproduction of the record nor any part of the record shall be transmitted to the supreme court by the lower court or administrative agency from which the questions of law have been transferred, unless a supreme court order, rule, or form expressly requires such a transmittal.

(6) In lieu of the record as defined in section (1) of this rule, the parties may prepare and sign an original and 12 copies of a statement of the case showing how the questions of law transferred arose and were decided, and setting forth only so many of the agreed facts as are essential to a decision of the questions presented.

(7) If more than one transfer of questions of law in a case is made to the supreme court, each moving party shall comply with the provisions of rule 14(1) and of this rule and a single record shall be transmitted.

Transition Period

The amendments to Supreme Court Rules 3, 5, 6, 7, 10, 13, 15, 16, 17, 18, 21, and 25 that take effect on January 1, 2004, shall apply to any case first docketed in the supreme court on or after January 1, 2004; that is, any case with a docket number of "2004-XXXX." Any case docketed in the supreme court prior to January 1, 2004, e.g., cases with docket numbers such as "2003-XXXX" or "2002-XXXX," shall not be governed by the aforesaid amendments.

 

APPENDIX B

Amend Supreme Court Rule 42(10)(c) on a temporary basis by deleting said subparagraph and replacing it with the following:

(c) For the purposes of Rule 42, the "active practice of law" shall not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located. For the purposes of Rule 42, an applicant's service as corporate counsel shall not constitute the unauthorized practice of law in New Hampshire provided that the applicant submits an affidavit certifying that:

    (i) while serving as counsel, the applicant performed legal services solely for a corporation, association or other business entity, including its subsidiaries and affiliates;

    (ii) while serving as counsel, the applicant received his or her entire compensation from said corporation, association or business entity; and

    (iii) said corporation, association or business entity is not engaged in the practice of law or provision of legal services.

 

APPENDIX C

Amend Supreme Court Rule 42(10)(a)(v), 42(11)(c) and 42(12(d) by deleting said subparagraphs and replacing them with the following:

[Rule 42(10)(a)(v)]

(v) Produce evidence that the Multistate Professional Responsibility Examination has been satisfactorily completed prior to the date upon which the motion is filed;

 

[Rule 42(11)(c]

 

(c) Produce evidence that the Multistate Professional Responsibility Examination has been satisfactorily completed prior to the date upon which the motion is filed;

   

[Rule 42(12)(d]

(d) Produce evidence that the Multistate Professional Responsibility Examination has been satisfactorily completed prior to the date upon which the motion is filed;