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 amendments to Probate Court Rule 169 as set forth in Appendix A. 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, on a temporary basis, amendments to Supreme Court Rule 39(2)(a) as set forth in Appendix B and Supreme Court Rule 39(4)(a) as set forth in Appendix C. The amendments to Supreme Court Rule 39 shall be referred to the advisory committee on rules for consideration of whether they should be adopted on a permanent basis. The amendments to Supreme Court Rule 39 shall be effective immediately. The amendments to Probate Court Rule 169 shall be effective on July 14, 2002.

May 21, 2002

                                                                                                 ATTEST: ______________________
                                                                                                                Eileen Fox, Clerk of Court
                                                                                                                Supreme Court of New Hampshire

 

APPENDIX A

 

Amend Probate Court Rule 169 by increasing the entry fees by $5.00, and by replacing the word "indicate" with "indicated" in the paragraph that begins with the words "Additional copies," so that said rule as amended shall state as follows:

RULE 169. FEES

ENTRY FEES:

 

Original Entry of any Equity Action

$130.00

Petition File and Record Authenticated Copy of Will, Foreign Wills; Petition Estate Administration; Petition Administration of Person Not Heard From; Petition Guardian, Foreign Guardian or Conservator (RSA 464-A); Motion Prove Will in Common and/or Solemn Form (administration required); Motion to Re-examine Will

$105.00

Petition Termination of Parental Rights; Petition Appoint Trustee; Petition Involuntary Admission; Petition Guardian Minor Estate and Person and Estate (RSA 463); Petition Guardian of Incompetent Veteran (RSA 465)

$80.00

Petition Adoption, includes one certificate (no entry fee when accompanied by a Petition for termination); Motion successor Trustee, Administrator, Executor, or Guardian of Estate and Person and Estate (RSA 463)(RSA 464-A); All Fiduciary Accounts; Motion to Reopen (estate administration)

$55.00

Administration of Small Estates (Voluntary Administration); Petition Change of Name (includes one certificate); Petition Guardian Minor Person (RSA 463); Marriage Waiver (includes certificate/attested copy); Petition Change of Venue (includes authenticated copy fee); Motion Successor Guardian of Person (RSA 463)(RSA 464-A); Motion Sue on Bond; Motion Remove Fiduciary; Motion Fiduciary to Settle Account

$30.00

 

 

ENTRY FEES INCLUDE:

Preparation and issuance of Orders of Notice, Notice, Copies of Decrees, mailing costs, citation to newspaper for publication, certificate to discharge surety.

ENTRY FEES DO NOT INCLUDE:

Notice by publication: This fee shall be paid by the Party or the Attorney for the Party from whom the notice is required. The cost of publication shall be determined by the Register of each county. The request may require that payment be made directly to the publisher of the notice.

In-hand service: If service by a law enforcement officer is required, the Party or the Attorney for the Party from whom the notice is required shall pay the cost of service appropriate county sheriff's department.

Additional copies: If additional copies of any document, or additional certificates are requested beyond those included in normal processing as indicated above, the Party or the Attorney for the Party requesting the additional copies shall pay the costs in advance as indicated under "Certificates & Copies."

OTHER:

Defaults (RSA 548:5-a)

$25.00/each occurrence

Citations/show cause (RSA 548:5-a and 550:2)

$50.00/each occurrence

Duplicate Audio Tape

$25.00/each tape

CERTIFICATES & COPIES:

Certificates

$5.00

Certification

 $5.00 plus copy fee

Photocopy of Will

$1.00/page

All other copied material

$  .50/page

Authenticated Copy of Probate

$25.00/each

"Certificates & Copies" shall apply to individual requests for the above services, requests for additional certificates beyond those provided with the original entries and requests for additional copies beyond those provided with the original entry fees.

 

APPENDIX B

 

Amend Supreme Court Rule 39 by deleting subparagraph 2(a) in its entirety and replacing it with the following:

 

(2) Appointment of Committee

    (a) The committee on judicial conduct shall consist of eleven members appointed by the supreme court. One member shall be an active or retired justice of the superior court; one a district court judge; one a probate court judge; one a clerk of court; two New Hampshire Bar Association members; and five citizens not of the bar or bench.

   

APPENDIX C

 

Amend Supreme Court Rule 39 by deleting subparagraph 4(a) in its entirety and replacing it with the following:

 

(4) Vacancy and Disqualification

(a) A vacancy in the office of the committee shall occur

(1) when a member ceases to be a member of the committee; or

(2) when a judge who is a member of the committee ceases to hold the office which he or she held at the time of selection; or

(3) when a lawyer ceases to be admitted to practice in the courts of this State, becomes an inactive member of the bar, or is appointed to a judicial office or as a clerk of court; or

(4) when a citizen appointee becomes a lawyer, clerk of court, or a judge; or

(5) when a member ceases to be domiciled in New Hampshire; or

(6) when a clerk of court who is a member of the committee ceases to hold the office which he or she held at the time of selection.