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, as technical amendments, amendments to Supreme Court Rule 53.2B(3) as set forth in Appendix A; and District and Municipal Court Rule 5.10 C as set forth in Appendix B. These amendments shall take effect immediately.

April 10, 2002

ATTEST:      ___________________________

                     Eileen Fox, Clerk
                     Supreme Court of New Hampshire

APPENDIX A

Amend Supreme Court Rule 53.2 B(3) by deleting it and replacing it with the following:

3. State and Federal full-time judges, judges retired from a full time judgeship, full-time magistrates, full-time marital masters, the state reporter appointed pursuant to RSA 505:1, and full-time clerks and deputy clerks of court, provided however they are not engaged in the practice of law.

 

APPENDIX B

Amend District and Municipal Court Rule 5.10 C by deleting it and replacing it with the following:

C. At any time during the pendency of the appeal, the landlord may file a motion to the district court for recovery of the rent money that has been paid into court pursuant to RSA 540:25, I. The court may grant such motion unless the tenant objects and the court rules that the landlord is not lawfully entitled to the full amount of rent. If the court rules that the landlord is not entitled to the full amount of the rent, it shall release such portion of the rent to which the court deems the landlord is lawfully entitled, if any, and make specific findings in support of its decision to deny or partially deny the landlord's motion. The rent money retained by the court shall be apportioned between the landlord and the tenant upon final disposition of the appeal.