THE STATE OF NEW HAMPSHIRE

SUPREME COURT OF NEW HAMPSHIRE

O R D E R

 

R-01-002, In re December 1999, April 2000, June 2000, and January 2001 Reports of the Advisory Committee on Rules

The New Hampshire Supreme Court Advisory Committee on Rules has reported the following rules to the New Hampshire Supreme Court with a recommendation that they be adopted:

A. SUPREME COURT RULES

1. Rule 23 re allowance of costs by prevailing party (Appendix A).

2. Rule 47(3) re reimbursement of expenses for appointed counsel (Appendix B).

3. Rule 48(3) re reimbursement of expenses for appointed counsel (Appendix C).

B. SUPERIOR COURT RULES

1. Superior Court Rule 77-B re communication with jurors (Appendix D).

2. Superior Court Rule 111 re petitions for approval of settlement on behalf of minors (Appendix E).

3. Superior Court Rules 144-160 re divorce (Appendix F).

4. Superior Court Rules Regulating the Practice in Domestic Relations (adopted on a temporary basis by order dated March 6, 1998, and thereafter amended by order dated January 20, 2000), and Superior Court Rules 172-213 re domestic relations (Appendix G).

C. SUPERIOR COURT ADMINISTRATIVE RULES

1. Superior Court Administrative Rule 3-1 re appeal transcripts (Appendix H).

2. Superior Court Rules 3-3 d and 3-3 e re transcription of hearings on probation violations and hearings involving habitual offenders (Appendix I).

D. DISTRICT COURT RULES

1. District Court Rule 3.2(C) re complaints for not entering an action (Appendix J).

2. District Court Rule 3.24 re petitions for approval of settlement on behalf of minors (Appendix K).

E. PROBATE COURT RULES

1. Probate Court Rule Preface and Probate Court Rules 1-171 re rules of practice and procedure in the probate courts (Appendix L).

 

On or before Monday, April 30, 2001, members of the bench, bar, legislature, executive branch, or public may file with the clerk of the supreme court comments on any of the above rules. An original and seven copies of all comments shall be filed. Comments may also be e-mailed to the court at:

rulescomment@courts.state.nh.us

Copies of the proposed changes are available upon request to the clerk of the supreme court at the N.H. Supreme Court Building, One Noble Drive, Concord, New Hampshire 03301 (Tel. 271-2646). In addition, the proposed changes are available on the Internet at: http://www.state.nh.us/courts/supreme.htm.

February 6, 2001

ATTEST: Howard J. Zibel, Clerk

Supreme Court of New Hampshire

APPENDIX A

Amend Supreme Court Rule 23 by amending the second sentence of the first paragraph of said rule, so that said first paragraph shall provide as follows:

The clerk of the supreme court shall audit and allow bills of costs accruing in this court, and certify the costs to the trial court with the order made in the case. The following costs shall be allowed to the prevailing party: the entry fee, the actual cost of reproducing and binding the notice of appeal and any appendix, the actual cost of reproducing the brief, and cost of transcript.

APPENDIX B

Amend Supreme Court Rule 47(3) by adding the following new subdivisions (h) and (i):

(h) In cases appealed to the supreme court, attorneys shall be reimbursed for the actual reasonable costs (not including labor) of reproducing and binding the notice of appeal or other appeal document, any appendix and briefs, whether done in-house or by an outside printer.

(i) No reimbursement will be paid for overhead expenses including photocopies (other than as provided in subdivision (3)(h) of this rule), postage, fax and secretarial services.

APPENDIX C

Amend Supreme Court Rule 48(3) by adding the following new subdivisions (h) and (i):

(h) In cases appealed to the supreme court, attorneys shall be reimbursed for the actual reasonable costs (not including labor) of reproducing and binding the notice of appeal or other appeal document, any appendix and briefs, whether done in-house or by an outside printer.

(i) No reimbursement will be paid for overhead expenses including photocopies (other than as provided in subdivision (3)(h) of this rule), postage, fax and secretarial services.

APPENDIX D

Amend Superior Court Rule 77-B by adding a new subparagraph (a) to the rule, so that the rule as amended reads as follows:

COMMUNICATION WITH JURORS

77-B. (a) During criminal trials, all communications between the trial judge and the jury that occur before the jury is excused shall occur on the record.

(b) Before and during trial no attorney, party or witness shall himself or through any person acting for him converse or otherwise communicate with any member of the venire from which the jury will be selected or any juror.

For thirty days after discharge of the jury venire on which a juror has served, no attorney or party shall himself or through any person acting for him interview, examine or question any juror or member of his family with respect to the trial, verdict or deliberations. At no time, however, shall an attorney, party or any person acting for either of them ask questions of or make comments to a juror that are calculated merely to harass or embarrass the juror or to influence his or her actions in future jury service.

Upon application of any person the Court may issue appropriate protective orders and/or sanctions as justice may require.

APPENDIX E

Amend Superior Court Rule 111 by deleting said rule and replacing it with the following:

PETITION FOR APPROVAL OF SETTLEMENT ON BEHALF OF MINORS.

111. A. All petitions for approval of settlement of actions on behalf of minors shall be signed by the parent, next friend or guardian of the minor.

B. Court approval is not required for the settlement of any suit or claim brought on behalf of a minor in which the net amount is equal to or less than $10,000.00. Any settlement of such suit or claim in which the net amount exceeds $10,000.00 shall require Court approval.

C. In any suit or claim on behalf of a minor if the amount to be paid to the minor before the age of majority exceeds $10,000.00, the Court shall require proof in the form of a certified statement from the Court of Probate that the guardian ad litem, parent, next friend, or other person who receives money on behalf of the minor whether through settlement, judgment, decree or other order, has been appointed guardian of the estate of such minor and is subject to the duties prescribed under RSA 463:19. In the event of a structured settlement where an amount will be paid to the minor both before and after the minor reaches the age of majority, no guardian of the estate of such minor is required if the amount to be paid to the minor before the age of majority is $10,000.00 or less. If the amount to be paid to the minor before the age of majority in such structured settlement exceeds $10,000.00, then a guardian of the estate of such minor is required. In determining whether the net amount of a settlement exceeds $10,000.00, all sums covering attorneys fees, court costs and other expenses related to the claim including medical expenses are to be excluded.

D. The petition shall contain the following information where applicable:

1. A brief description of the accident and of all injuries sustained and the age of the minor.

2. An itemized statement of all medical expenses and special damages incurred by the minor.

3. The total amount of the settlement and whether any bills or expenses are to be paid out of the total settlement or are being paid in addition as part of the parent's claim. If the parent is being paid anything directly, the petition should contain a statement of the total amount being paid to the parent and a specification of the items covered.

4. Whether the settlement was negotiated by counsel actually representing the minor.

5. A statement from the attorney for the minor as to whether there was medical payment insurance available to the minor and whether or not a claim has been made for said benefits or whether payment has been received.

6. A statement from the attorney for the minor as to whether any liens for medical providers have been asserted or are assertable and how the settlement would resolve those liens.

7. The net amount to be received on behalf of the minor.

8. A prayer that the settlement be approved.

E. The petition must be accompanied with the following material:

1. A photocopy of the minor's birth certificate.

2. An itemized statement from counsel detailing the nature of the work performed and the time spent on the case. An attorney's fee in excess of 25% of the settlement will not be ordinarily allowed unless upon good cause shown. In the event that counsel seeks an attorney's fee in excess of 25%, counsel shall file a motion requesting such an approval which motion shall contain the reasons for the request. A copy of that motion shall be provided to the next friend at least ten (10) days prior to the hearing or conference relative to approval of the settlement.

F. The Court will not authorize the next friend to settle the action or authorize the execution of releases and will not make any order respecting indemnity agreements, and the petition should make no such request.

G. The Court, upon its own motion, may appoint a guardian ad litem to represent the interests of the minor child and/or to review the proposed settlement. The fees of the guardian ad litem shall be paid by defendant.

H. The attorney, minor, parent, guardian, or next friend, will ordinarily be required to appear in all cases in support of the petition unless attendance has been excused by the Court upon prior motion of counsel or upon the Court's review of the file. In all cases where the minor has not actually been represented in the negotiation of the settlement, the minor, parent, and the next friend or guardian shall be required to appear with the attorney for the minor.

I. A full medical report, including a recent and detailed prognosis from the attending physician, will ordinarily be required. "Recent" shall mean a report dated not more than six months prior to the date of the filing of the petition for approval of a settlement.

J. 1. Court approval of a net settlement of $10,000.00 or less is not required by statute; if, however, a party desires Court approval, the Court's order will ordinarily be in substantially the following form:

Settlement approved. All bills listed in the petition are to be paid. Counsel fees in the amount of $__________ allowed (if settlement was actually negotiated by counsel representing the minor). The balance, amounting to $__________, shall be deposited in a savings account in the ________ Bank at _____________ in the name of ____________, as Trustee for ____________, no withdrawals to be made prior to the 18th birthday of said minor, except on written approval of a Justice of the Superior Court. Said savings institution is authorized to pay over the full amount remaining in said account to the said _____________ upon satisfactory proof that he has reached the age of 18 years. Approval is conditional upon compliance with this order with respect to payment of bills and deposit.

2. If the net amount of a settlement exceeds $10,000.00, Court approval is required, and the Court's order will ordinarily be in substantially the following form:

Settlement approved. All medical bills and other approved expenses listed in the petition are to be paid. Counsel fees in the amount of $__________ allowed (if settlement was actually negotiated by counsel representing the minor). The balance amounting to $__________, shall be paid over to _____________, as guardian over the estate of the minor.

Said funds shall, upon payment, be under the jurisdiction of the appropriate Court of Probate and shall be administered in accordance with the requirements of the Court of Probate. Any requests for withdrawal shall be addressed to the Court of Probate for its consideration.

Approval is conditional upon compliance with this order with respect to payment of bills and deposit of funds in accordance with this order.

Counsel for the minor shall be responsible for the settlement funds until said funds shall have actually been deposited in the appropriate guardianship account pursuant to the terms of this order and pursuant to the terms of the guardianship.

K. In the event that the parties desire to enter into a structured settlement, which is defined as a settlement wherein payments are made on a periodic basis, the following rules shall also apply:

 

1. Counsel for the defendant shall provide the Court with an affidavit from an independent certified public accountant, or an equivalent professional, specifying the present value of the settlement and the method of calculation of that value.

2. If the settlement is to be funded by an annuity, the annuity shall be provided by an annuity carrier meeting at least the following criteria:

(a) The annuity carrier must be licensed to write annuities in New Hampshire and, if affiliated with the liability carrier or the person or entity paying the settlement, must be separately capitalized, licensed and regulated and must have a separate financial rating.

(b) The annuity carrier must have a minimum of $100,000,000.00 of capital and surplus, exclusive of any mandatory security valuation reserve.

(c) The petition shall contain the following information about the annuity and the annuity carrier:

(i) a description of the structure of the annuity arrangement;

(ii) a description of the history and size of the annuity carrier and its experience in issuing annuities;

(iii) a certificate from the New Hampshire Insurance Department stating that the annuity carrier is in good standing in New Hampshire;

(iv) whether the annuity carrier is domiciled or licensed in a state accredited by the National Association of Insurance Commissioners under that organization's Financial Regulation Standards program; and

(v) the annuity carrier's most recent ratings from at least two of the commercial rating services listed in subparagraph (d).

(d) The annuity carrier must have one of the following ratings from at least two of the following rating organizations:

(i) A.M. Best Company: A++, A+, A, or A-.

(ii) Moody's Insurance Financial Strength Rating: Aaa or Aa.

(iii) Standard & Poor's Corporation Insurer Claims-Paying Ability Rating: AAA, AA+, AA, or AA-.

(iv) Duff & Phelps Credit Rating Company Insurance Company Claims Paying Ability Rating: AAA, AA+, AA, or AA-.

(e) The annuity carrier must meet any other requirement the Court considers reasonably necessary to assure that funding to satisfy periodic payment settlements will be provided and maintained.

(f) The annuity carrier issuing an annuity contract pursuant to a qualified funding plan under these rules may not enter into an assumption reinsurance agreement for the annuity contract without the prior approval of the Court and the owner of the annuity contract and the claimant having the beneficial interest in the annuity contract. The Court shall not approve assumption reinsurance unless the reinsurer is also qualified under these rules.

(g) The annuity carrier and the broker procuring the policy shall each furnish the Court with an affidavit certifying that the carrier meets the criteria set forth in subsection (d) above as of the date of the settlement and that the qualification is not likely to change in the immediate future. The broker's affidavit shall also contain the following certification: "This determination was made with due diligence by the undersigned based on rating information which was available or should have been available to an insurance broker in the structured settlement trade."

(h) In the event that the parties to the action desire to place the annuity with an annuity carrier licensed in New Hampshire which does not meet the above criteria, the Court may consider approving the same, but only if the annuity obligation is bonded by an independent insurance or bonding company, licensed in New Hampshire, in the full amount of the annuity obligation.

(i) The Court reserves the right to require other reasonable security in any structured settlement if the circumstances should so require.

3. The Court may, for good cause shown, approve a structured settlement that does not comply with the provisions of paragraph (K). If the Court approves a settlement that does not comply with the provisions of paragraph (K), the Court shall make specific findings on the record explaining the reason(s) for approving the settlement.

APPENDIX F

Repeal the section of the Superior Court Rules labeled "DIVORCE," consisting of Superior Court Rules 144 through 160, inclusive.

APPENDIX G

Repeal the Superior Court Rules Regulating the Practice in Domestic Relations adopted on a temporary basis by order dated March 6, 1998, and thereafter amended by order dated January 20, 2000, and replace them by adopting a new section of the Superior Court Rules labeled "RULES FOR REGULATING THE PRACTICE IN DOMESTIC RELATIONS," consisting of Superior Court Rules 172 through 213, inclusive, as follows:

RULES FOR REGULATING THE PRACTICE IN DOMESTIC RELATIONS

172. SCOPE. Domestic relations proceedings are governed by the following Rules of Superior Court. They apply to actions for divorce, annulment, legal separation, custody and visitation rights, child support and separate maintenance, paternity, legitimation, registration of foreign judgments and decrees, uniform interstate family support, and administrative support violations. The Rules of Superior Court regulating the practice at law, where applicable, shall also regulate the practice in domestic relations.

INITIAL PLEADINGS

173. PETITION: PARTIES AND SUBJECT MATTER. A domestic relations action shall be commenced by the filing of a petition which shall be captioned "In the matter of...and...", stating the names of the parties. The first name shall designate the petitioner and the second shall designate the respondent. Each petition shall be entitled "Petition for...", stating the subject matter of the action as referenced in Rule 172. All petitions shall state the county and state of residence of the petitioner and the respondent, so far as known.

174. PETITION: ALLEGATIONS. Every petition in a domestic relations matter shall be dated and signed under oath by the party and shall set forth, in separate paragraphs and as concisely as possible, the specific facts relied upon to constitute grounds for the relief requested and to establish jurisdiction under applicable statute. There shall be set forth, in separate paragraphs, the particular relief sought. No documents shall be annexed to any such pleading except as may be necessary to support prayers for ex parte orders, or as required by court rule or order.

175. JOINT PETITION. Where the parties agree upon all the specific facts contained in the petition, they may file a joint petition. It shall be signed by both parties under oath before a justice of the peace or a notary public.

176. TEMPORARY RELIEF. A petition or cross-petition may contain a request for a temporary hearing, specifically identifying the issues for which the filing party seeks temporary orders and the relief requested.

177. ADULTERY. All petitions and cross-petitions affecting the marriage relation which allege adultery, or answers thereto alleging adultery as an affirmative defense, must contain the name and address of the person with whom the party is accused of adultery, if known, and if not, a statement to that effect. Any fact relied upon under the statutes to excuse service upon such third person must be stated in the petition or cross-petition.

FILING AND SERVICE

178. RETURN DAY. Upon the filing of a petition, the court shall issue orders of notice, which the clerk shall attach to the petition. The orders of notice shall name a return day, which may be designated by the filing party to be any day within one to three months from the date of filing. All service shall be completed at least fourteen days before the return day. No service of a joint petition is required.

179. SERVICE BY SHERIFF. Except where another form of service is mandated or permitted by statute, when the residence of the respondent is known, service of an attested copy of the petition and orders of notice shall be made by a sheriff or deputy within the state, and by an officer authorized to serve similar process outside the state. Proof of out of state service shall be made by a return of the officer under oath, accompanied by an official certificate of his/her official character and authority. Whenever service is made by leaving an attested copy of the petition and orders at the respondent's abode, the return shall state the street and number, or some other description of the abode. This rule shall not be construed to create extraterritorial jurisdiction where it does not otherwise exist.

180. ALTERNATIVE SERVICE. When the residence of the respondent is unknown, the petition shall state the respondent's last known mailing address, and the name and mailing address of some near relative, if any is known to the petitioner, such facts to be verified by the petitioner's personal affidavit filed with the petition. Service may then be ordered for notice by publication, as follows: in a specified newspaper published at or nearest the respondent's last known place of residence in this state, or otherwise as the court may order, a statement naming the parties, court, and docket number, together with a description setting forth the nature of the petition and the relief sought. This notice shall be so published once a week for three successive weeks, the last publication to be at least fourteen days prior to the return day. Also, the petitioner shall send by registered or certified mail, return receipt requested, a copy of the petition and orders of notice to the respondent and to such relative, and shall file proof thereof. Publication may be waived for good cause shown upon motion requesting alternative service.

181. WAIVER OF SERVICE. Service of any petition may be waived by the respondent, upon the execution of an appearance and waiver of service, which shall contain the respondent's signature acknowledged before a justice of the peace or notary public, or the signature of an attorney licensed to practice law in this state who is appearing for the respondent. The appearance and waiver of service shall be appended to the original petition when it is initially filed with the court, or to an attested copy of the petition when orders of notice have been issued. No further notice or service shall be required.

182. ACCEPTANCE OF SERVICE. An attorney licensed to practice in this state, who is appearing for a party, may accept service of any petition and orders of notice from the sheriff.

183. ENTRY OF RETURN. Returns of service and appearances shall be entered with the court by the return day named in the orders of notice, and no domestic relations case will be heard until proper return or waiver of service has been filed. Where a joint petition or a petition with waiver of service is filed, the return day shall be the date of filing.

RESPONSIVE PLEADINGS

184. APPEARANCE. Once duly notified, the respondent shall file or have an attorney file an appearance by the return day specified in the orders of notice. If no appearance is filed within the time prescribed, the facts alleged shall be taken as admitted.

185. ANSWER AND CROSS-PETITION. An answer to a petition or a cross-petition is required in cases where the responding party wishes to seek alimony or other affirmative relief, or to assert an affirmative defense. In all other cases, an answer may be filed. All answers shall be dated and signed under oath. A cross-petition must follow the format set forth in Rules 173 and 174. An answer to a petition, or a cross-petition, shall be filed within thirty days after the return day. Any answer to a cross-petition shall be filed within ten days after filing of the cross-petition.

186. SERVICE OF RESPONSIVE PLEADINGS. Neither answer nor cross-petition need be served on the petitioner, but rather must contain a certification that the respondent has provided the other party with a copy of the pleading.

EMERGENCY ORDERS

187. EX PARTE RELIEF. Emergency orders may be granted without written or oral notice to the adverse party only if it clearly appears to the court, from specific facts shown by affidavit or by the verified petition, that immediate and irreparable injury, loss, or damage will result to the applicant, the children, or property before the adverse party or attorney can be heard in opposition. If the other party is represented or has filed an appearance, normally no relief will be granted without notice to the other party and an opportunity to be heard. Any person against whom such an order is made ex parte shall be entitled to a hearing within five days of a written request.

THIRD PARTY PRACTICE

188. INTERVENTION. Any person asserting an interest in the proceedings may seek to intervene as a party thereto upon petition to intervene briefly setting forth that person's relation to the subject matter of the case. Upon petition of a party, any such person may be joined as a party by order of the court notifying that person to appear in the case.

PRETRIAL CASEFLOW MANAGEMENT

189. TEMPORARY HEARING. Upon request of either party contained in a petition or cross-petition, or upon motion at any time during the pendency of an action, the clerk shall schedule a temporary hearing. Temporary hearings will be of thirty minutes' duration and conducted upon offers of proof, unless otherwise ordered by the court upon good cause shown. The parties may request a more lengthy hearing by motion setting forth the reasons for said request and the length of time required. Such motions shall be heard at the time of the originally scheduled temporary hearing, if not earlier ruled upon.

190. STRUCTURING CONFERENCE. At the time of temporary hearing, within 60 days after the return day, or upon order of the court, a structuring order shall issue or a structuring conference shall be scheduled.

Parties and counsel shall attend the structuring conference. The following matters may be addressed: disputed issues, schedules for discovery and other case preparation, appointment of a guardian ad litem or status of any ongoing investigation, additional conferences with the court, mediation, neutral case evaluation and other alternative dispute resolution, counselling, settlement, or trial. Upon court order or agreement of the parties, a referral to mediation or other alternative dispute resolution procedure shall be made at the structuring conference.

The court shall issue a structuring conference order which may include deadlines for discovery or filing of motions and dates for additional structuring, status, pretrial, or settlement conferences and motion hearings. In lieu of attending a structuring conference, the parties may file an agreed upon statement, signed by parties and counsel, which includes all the above facts and representations, for approval by the court.

191. DISCOVERY. Unless established in a structuring conference order, or otherwise upon request and approval by the court, discovery shall close six months following the return day.

192. PRETRIAL CONFERENCE. At the close of discovery, a pretrial conference will be held. At the pretrial conference, the parties, counsel, and the guardian ad litem will be present and prepared to discuss settlement of all issues in dispute. Prior to the pretrial conference, pro se parties, counsel, and the guardian ad litem shall meet and confer in person with each other. At that time they must exchange copies of their proposed decrees, financial affidavits, and child support guideline worksheets. At the pretrial conference, the parties are required to file the above listed documents as well as pretrial statements which shall include the following information and which may be joint statements:

A. Brief description of disputed issues.

B. List of property (including pensions or property interests) in dispute, the values thereof, and whether or not appraisals will be submitted.

C. Where applicable, a statement of special circumstances warranting adjustment to the child support guidelines, factors justifying an award of sole legal custody or an unequal property division, and factors to be considered in an alimony award.

D. List of expert witnesses.

E. List of other witnesses.

F. Identification of pending motions.

G. Unresolved discovery issues.

H. Length of trial.

I. Status of settlement negotiations or alternative dispute resolution.

J. Special circumstances (such as out of state witnesses) which will affect trial scheduling.

K. Whether a record is requested.

In submitting this information to the court, counsel shall be prepared to discuss realistic expectations as to number of witnesses and length of testimony so that a realistic order on the duration of trial can be established. Except upon motion for good cause shown, witnesses not listed shall be prohibited from testifying at trial. A hearing on the merits, trial management, status, or settlement conference will be scheduled following the pretrial conference. A referral to neutral case evaluation or other alternative dispute resolution options may be made at the pretrial conference.

193. SETTLEMENT AND STATUS CONFERENCE. Upon request of either party or at the court's discretion, at any time during the pendency of a case, a settlement conference may be scheduled. Counsel, the parties, and the guardian ad litem shall attend.

At the court's discretion or upon request of either party, a status conference may be scheduled for case management purposes. Pending motions may also be heard at this time at the court's discretion or at the prior written request of either party indicating the motions to be heard and the estimated length of time required. Only counsel and pro se parties must attend the status conference unless pending motions are to be heard.

194. TRIAL MANAGEMENT CONFERENCE. In cases scheduled for two or more trial days, the clerk shall schedule a trial management conference fourteen days prior to trial or as the court calendar permits. In cases requiring less than two days of trial, the clerk may, with leave of the court, schedule a trial management conference. Only counsel and pro se parties need attend the trial management conference. At this conference, the parties shall be prepared to address the time and manner in which all exhibits to be offered in the direct case of each party or exact copies of them shall be exchanged and marked. The anticipated subject matter, length, and order of testimony will be presented. Except upon motion for good cause shown, amendments to witness lists submitted at the Pretrial Conference shall not be permitted. To the extent possible, evidentiary disputes shall be resolved and legal issues briefed at this time. Issues will be limited and stipulated matters will be identified, the latter to be reduced to written agreement by the first day of trial.

195. SANCTIONS. Failure to comply with any portion of Rules 190 through 194, or to attend a required conference, may constitute grounds for sanctions, including entry of nonsuit or decree pro confesso, imposition of fines, or such other orders as justice may require.

REQUIRED DOCUMENTS

196. PERSONAL DATA SHEET. At the time of filing any initial pleading or pleading that brings an action forward, the filing party shall, and the responding party may, file a completed personal data sheet. Should a party become aware of any change in addresses, telephone numbers, or employment during the pendency of a case or of any outstanding support order, that party shall notify the court of such change. Access to information contained in the personal data sheet shall be restricted to court personnel, the Office of Child Support, the Guardian ad Litem, the parties, and counsel, unless a party has requested on the data sheet that it not be disclosed to the other party. Any person seeking access to restricted information may file an appropriate motion.

197. FINANCIAL AFFIDAVIT. At every hearing involving financial matters or property, or as may be required by the court, each party shall file with the court and deliver to the other party prior to hearing a typewritten or legibly handwritten financial affidavit as prescribed by Administrative Order. Upon written request to the opposing party, accompanied by the requesting party's current financial affidavit and made at least ten days prior to the hearing date, the other party shall provide a current financial affidavit within five days of the hearing date. The clerk shall, upon written request of any party, place that party's affidavit in a sealed envelope, which shall not be opened except by the parties, the Office of Child Support, or with leave of court.

198. UPDATED FINANCIAL AFFIDAVITS IN UNCONTESTED AND DEFAULTED MATTERS. No uncontested final hearing or final hearing where a party is in default will be scheduled in any matter requiring the filing of financial affidavits until both parties have filed current financial affidavits, duly completed. "Current" for this purpose shall mean that the financial affidavits are dated no earlier than thirty days before the date of the request for the hearing. The party seeking final orders shall make reasonable efforts to obtain the financial affidavit of the other party for filing. However, if one cannot be obtained, the moving party may file an affidavit explaining the reason why it has been impossible with due diligence to obtain the other party's financial affidavit.

199. UNIFORM SUPPORT ORDER. At every hearing in which child support, medical support, or arrears are at issue, the party seeking the order shall file a proposed uniform support order as prescribed by Administrative Order.

200. CHILD SUPPORT GUIDELINE WORKSHEET. At every hearing in which child support is involved, the party seeking the order shall file a child support guideline worksheet, as published by the Division of Child Support Services, duly completed by either the party or attorney. The other party shall file a child support guideline worksheet if the guideline amount is in dispute. The fact that the parties have agreed to an amount or may be requesting adjustments to the child support guidelines does not suspend this requirement. In cases where the other party has failed to disclose his/her income, a worksheet shall be completed using a reasonable estimate of that party's income.

201. 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.

202. SIGNING OF STIPULATIONS. All stipulations or agreements concerning domestic relations actions shall be typewritten and signed by the parties and counsel. The Guardian ad litem shall sign all agreements pertaining to custodial rights and obligations. A representative of the Division of Child Support of the N. H. Department of Health and Human Services shall sign all agreements pertaining to support where a party is a recipient of TANF. The court, in its discretion, may accept a fully executed handwritten stipulation or agreement, whereupon a conformed typewritten copy shall be filed within ten days.

203. VITAL STATISTICS REPORT. No divorce, legal separation, or annulment will be heard on its merits until there is on file with the court a typewritten vital statistics report, fully completed.

ENFORCEMENT

204. CONTEMPT. Attachments or arrests and incarceration for civil contempt may be ordered by the court upon a finding of the violation of any court order, after notice and an opportunity to be heard. Parties may be arrested upon court order and required to post bonds for appearance and compliance with court orders in any case where it shall be deemed necessary. Criminal contempt shall be governed by Superior Court Rule 95.

205. BAIL. Sheriffs and deputies are authorized to take bail in civil contempt proceedings and shall forward forthwith such bail so taken to the clerk of court issuing the capias.

FINAL DECREES

206. NOTICE OF HEARING. All parties, whether they have appeared in the action or not, will be given advance notice of final hearings. In the case of a final default, written notice shall be sent at least fourteen days prior to hearing.

207. TIMING OF HEARING. No case affecting the marital status will be heard on the merits sooner than thirty days after the return day, unless waived by the court.

208. EFFECTIVE DATE: UNCONTESTED MATTERS. Decrees in uncontested cases where the parties have filed a permanent stipulation shall become final on the date signed by the judge unless otherwise specified by the court.

209. EFFECTIVE DATE: CONTESTED AND DEFAULTED MATTERS. In contested cases or upon the default of either party, the decree will not become final until expiration of the appeal period, pursuant to Superior Court Rule 74.

210. INACTIVE CASES. All domestic relations cases which have been pending for two years without any action being shown on the docket shall be dismissed.

211. MODIFICATION OF DECREES. No modification of any final domestic relations decree or order will be heard, except upon a petition setting forth the grounds relied upon and the relief requested, which shall be served upon the opposing party. In any post-decree proceeding, the parties shall retain their original designation of petitioner or respondent as was established in the initial petition. Service of such a petition shall be accomplished in any manner permitted under Rules 178 through 183. Any agreement to modify a decree shall be signed by the parties and filed with the court for review and approval, if appropriate. A petition, or service of the agreement, shall not be required. Parties may stipulate to change a decree of legal separation to one of divorce.

GUARDIANS AD LITEM

212. CERTIFICATION. The court may appoint as a guardian ad litem only an individual who has become certified according to the protocol approved by the supreme court on December 15, 1994.

213. WRITTEN REPORTS. Reports filed by guardians ad litem in domestic relations cases involving custody, custodial rights, or visitation arrangements for any minor child shall be placed in an envelope marked "CONFIDENTIAL" by the clerk. Such reports shall be made available only to parties in the action and their attorneys. The clerk shall remove the envelope before making the file available to any other individuals requesting access.

APPENDIX H

Amend Superior Court Administrative Rule 3-1 by striking out said rule and replacing it with the following new rule:

Rule 3-1. Appeal Transcripts.

a. Required Transcription. Upon receipt of deposit from counsel for appellant in the amount based on the stenographer's estimate, and except as otherwise ordered by the Superior Court or the Supreme Court, the stenographers shall transcribe the original and two copies of all the oral proceedings, except opening statements, medical testimony, arguments and charge.

b. Request for Excerpts. During the course of a trial, when either party seeks to have a stenographer transcribe parts of the evidence for use during the trial, the request for such transcript shall be made first to the Presiding Justice. The Presiding Justice should determine the extent of the transcript and make a decision whether the stenographer should be required to transcribe it. However, if during the trial of a case a stenographer is requested to prepare a brief excerpt, or excerpts, from the testimony, the stenographer may, in his/her discretion, prepare such excerpt or excerpts without formal application to the Court for permission; but the original of all excerpts shall be furnished to the Presiding Justice upon completion, and a sufficient number of copies shall be made to supply each counsel with a copy if excerpts are used in examination of witnesses or during argument.

c. Requests by Party. Requests by the parties, or other interested persons, for transcripts of cases which have been brought to a conclusion, or where there has been an interim hearing, should be made by them in writing to the Clerk. The person requesting the transcript shall state in the written request to the Clerk: (1) whether the transcript is for purposes of appeal; and (2) whether the transcript is to used in connection with litigation pending before the New Hampshire Superior Court. If the request is for purposes other than appeal and the transcript is not for use in connection with litigation pending before the New Hampshire Superior Court, the person requesting the transcript may, but need not, state the purpose for which the transcript is requested. If the purpose is stated, it may be used by the court stenographer in assigning priorities pursuant to Superior Court Administrative Rule 3-2.

d. Requests by Non-Party. In the case of a non-party, the Clerk will request from the stenographer an estimate of the number of pages in the requested transcript, determine the cost of preparing an original and such copies as ordered, plus any additional costs which may be necessary, and notify the person requesting the transcript that a deposit is required in an amount sufficient to cover the cost thereof. Upon receipt of the deposit, the Clerk shall notify the stenographer to prepare the transcript.

e. Transcripts Required for Other Than Appeal. In the event there is a request for a transcript of proceedings, either partial or complete, by a party to the proceedings or other interested persons, for purposes other than appeal, and if it is stated in the written request to the Clerk that the transcript is to be used in connection with litigation pending before the New Hampshire Superior Court, the Clerk shall notify counsel on the opposing side of such litigation that a transcript has been requested and inquire whether a copy thereof is desired by them. If it is, the Clerk shall proceed in the usual manner to compute the estimated cost of an original and two copies and notify each of the interested parties to make a deposit of one-half of that amount.

If counsel on the opposing side of the pending litigation does not desire to purchase a copy of the transcript, or if the transcript is to be used for some purpose other than litigation before the New Hampshire Superior Court, an estimate and deposit shall be obtained in the usual manner covering the cost of an original and one copy of the requested transcript. When completed, the original shall remain with the Clerk's office and the copy will be delivered to the person who ordered the transcript.

f. Transcript Ordered by Court, Master or Referee. If a complete transcript of any proceedings is ordered by a member of the Court, a Master or Referee, the stenographer shall prepare an original and two copies thereof, with the Clerk's office retaining the original and one copy and a copy being sent to said member of the Court, Master or Referee, this copy not to be defaced in any way so that it may be used in the event of subsequent appeal.

If a partial transcript of any proceedings is ordered for any purpose by a member of the Court, a Master or Referee, an original and such copies as the Court, Master or Referee, may order will be prepared.

g. Special Circumstances. Any and all of the outlined procedures for preparation of transcripts may be amended at the discretion of any member of the Court in special circumstances; e.g., when there is a limited time available for processing an appeal, etc.

h. Verification of Transcripts. Stenographers shall verify the transcript for accuracy, and certify on the transcript that this has been done.

APPENDIX I

Repeal Superior Court Administrative Rules 3-3 d and 3-3 e.

APPENDIX J

Repeal District and Municipal Court Rule 3.2 C.

APPENDIX K

Amend District Court Rule 3.24 by deleting said rule and replacing it with the following new rule:

PETITION FOR APPROVAL OF SETTLEMENT ON BEHALF OF MINORS

3.24 A. All petitions for approval of settlement of actions on behalf of minors shall be signed by the parent, next friend or guardian of the minor.

B. Court approval is not required for the settlement of any suit or claim brought on behalf of a minor in which the net amount is equal to or less than $10,000.00. Any settlement of such suit or claim in which the net amount exceeds $10,000.00 shall require Court approval.

C. In any suit or claim on behalf of a minor if the amount to be paid to the minor before the age of majority exceeds $10,000.00, the Court shall require proof in the form of a certified statement from the Court of Probate that the guardian ad litem, parent, next friend, or other person who receives money on behalf of the minor whether through settlement, judgment, decree or other order, has been appointed guardian of the estate of such minor and is subject to the duties prescribed under RSA 463:19. In the event of a structured settlement where an amount will be paid to the minor both before and after the minor reaches the age of majority, no guardian of the estate of such minor is required if the amount to be paid to the minor before the age of majority is $10,000.00 or less. If the amount to be paid to the minor before the age of majority in such structured settlement exceeds $10,000.00, then a guardian of the estate of such minor is required. In determining whether the net amount of a settlement exceeds $10,000, all sums covering attorneys fees, court costs and other expenses related to the claim including medical expenses are to be excluded.

D. The petition shall contain the following information where applicable:

1. A brief description of the accident and of all injuries sustained and the age of the minor.

2. An itemized statement of all medical expenses and special damages incurred by the minor.

3. The total amount of the settlement and whether any bills or expenses are to be paid out of the total settlement or are being paid in addition as part of the parent's claim. If the parent is being paid anything directly, the petition should contain a statement of the total amount being paid to the parent and a specification of the items covered.

4. Whether the settlement was negotiated by counsel actually representing the minor.

5. A statement from the attorney for the minor as to whether there was medical payment insurance available to the minor and whether or not a claim has been made for said benefits or whether payment has been received.

6. A statement from the attorney for the minor as to whether any liens for medical providers have been asserted or are assertable and how the settlement would resolve those liens.

7. The net amount to be received on behalf of the minor.

8. A prayer that the settlement be approved.

E. The petition must be accompanied with the following material:

1. A photocopy of the minor's birth certificate.

2. An itemized statement from counsel detailing the nature of the work performed and the time spent on the case. An attorney's fee in excess of 25% of the settlement amount will not be ordinarily allowed unless upon good cause shown. In the event that counsel seeks an attorney's fee in excess of 25%, counsel shall file a motion requesting such an approval which motion shall contain the reasons for the request. A copy of that motion shall be provided to the next friend at least ten (10) days prior to the hearing or conference relative to approval of the settlement.

F. The court will not authorize the next friend to settle the action or authorize the execution of releases and will not make any order respecting indemnity agreements, and the petition should make no such request.

G. The Court, upon its own motion, may appoint a guardian ad litem to represent the interests of the minor child and/or to review the proposed settlement. The fees of the guardian ad litem shall be paid by defendant.

H. The attorney, minor, parent, guardian, or next friend, will ordinarily be required to appear in all cases in support of the petition unless attendance has been excused by the Court upon prior motion of counsel or upon the Court's review of the file. In all cases where the minor has not actually been represented in the negotiation of the settlement, the minor, parent, and the next friend or guardian shall be required to appear with the attorney for the minor.

I. A full medical report, including a recent and detailed prognosis from the attending physician, will ordinarily be required. "Recent" shall mean a report dated not more than six months prior to the date of the filing of the petition for approval of a settlement.

J. 1. Court approval of a net settlement of $10,000.00 or less is not required by statute, however if a party desires Court approval, the Court's order will ordinarily be in substantially the following form:

Settlement approved. All bills listed in the petition are to be paid. Counsel fees in the amount of $__________ allowed (if settlement was actually negotiated by counsel representing the minor). The balance, amounting to $__________, shall be deposited in a savings account in the ________ Bank at _____________ in the name of ____________, as Trustee for ____________, no withdrawals to be made prior to the 18th birthday of said minor, except on written approval of a Justice of the District Court. Said savings institution is authorized to pay over the full amount remaining in said account to the said _____________ upon satisfactory proof that he has reached the age of 18 years. Approval is conditional upon compliance with this order with respect to payment of bills and deposit.

2. If the net amount of a settlement exceeds $10,000.00, Court approval is required, and the Court's order will ordinarily be in substantially the following form:

Settlement approved. All medical bills and other approved expenses listed in the petition are to be paid. Counsel fees in the amount of $__________ allowed (if settlement was actually negotiated by counsel representing the minor). The balance amounting to $__________, shall be paid over to _____________, as guardian over the estate of the minor.

Said funds shall, upon payment, be under the jurisdiction of the appropriate Court of Probate and shall be administered in accordance with the requirements of the Court of Probate. Any requests for withdrawal shall be addressed to the Court of Probate for its consideration.

Approval is conditional upon compliance with this order with respect to payment of bills and deposit of funds in accordance with this order.

Counsel for the minor shall be responsible for the settlement funds until said funds shall have actually been deposited in the appropriate guardianship account pursuant to the terms of this order and pursuant to the terms of the guardianship.

K. In the event that the parties desire to enter into a structured settlement, which is defined as a settlement wherein payments are made on a periodic basis, the following rules shall also apply:

1. Counsel for the defendants shall provide the Court with an affidavit from an independent certified public accountant, or an equivalent professional, specifying the present value of the settlement and the method of calculation of that value.

2. If the settlement is to be funded by an annuity, the annuity shall be provided by an annuity carrier meeting at least the following criteria:

(a) The annuity carrier must be licensed to write annuities in New Hampshire and, if affiliated with the liability carrier or the person or entity paying the settlement, must be separately

capitalized, licensed and regulated and must have a separate financial rating.

(b) The annuity carrier must have a minimum of $100,000,000.00 of capital and surplus, exclusive of any mandatory security valuation reserve.

(c) The petition shall contain the following information about the annuity and the annuity carrier:

(i) a description of the structure of the annuity arrangement;

(ii) a description of the history and size of the annuity carrier and its experience in issuing annuities;

(iii) a certificate from the New Hampshire Insurance Department stating that the annuity carrier is in good standing in New Hampshire;

(iv) whether the annuity carrier is domiciled or licensed in a state accredited by the National Association of Insurance Commissioners under that organization's Financial Regulation Standards program; and

(v) the annuity carrier's most recent ratings from at least two of the commercial rating services listed in subparagraph (d).

(d) The annuity carrier must have one of the following ratings from at least two of the following rating organizations:

(i) A.M. Best Company: A++, A+, A, or A-.

(ii) Moody's Insurance Financial Strength Rating: Aaa or Aa.

(iii) Standard & Poor's Corporation Insurer Claims-Paying Ability Rating: AAA, AA+, AA, or AA-.

(iv) Duff & Phelps Credit Rating Company Insurance Company Claims Paying Ability Rating: AAA, AA+, AA, or AA-.

(e) The annuity Carrier must meet any other requirement the Court considers reasonably necessary to assure that funding to satisfy periodic payment settlements will be provided and maintained.

(f) The annuity carrier issuing an annuity contract pursuant to a qualified funding plan under these rules may not enter into an assumption reinsurance agreement for the annuity contract without the prior approval of the Court and the owner of the annuity contract and the claimant having the beneficial interest in the annuity contract. The Court shall not approve assumption reinsurance unless the reinsurer is also qualified under these rules.

(g) The annuity carrier and the broker procuring the policy shall each furnish the Court with an affidavit certifying that the carrier meets the criteria set forth in subsection (d) above as of the date of the settlement and that the qualification is not likely to change in the immediate future. The broker's affidavit shall also contain the following certification: "This determination was made with due diligence by the undersigned based on rating information which was available or should have been available to an insurance broker in the structured settlement trade."

(h) In the event that the parties to the action desire to place the annuity with an annuity carrier licensed in New Hampshire which does not meet the above criteria, the Court may consider approving the same, but only if the annuity obligation is bonded by an independent insurance or bonding company, licensed in New Hampshire, in the full amount of the annuity obligation.

(i) The Court reserves the right to require other reasonable security in any structured settlement if the circumstances should so require.

3. The Court may, for good cause shown, approve a structured settlement that does not comply with the provisions of paragraph (K). If the Court approves a settlement that does not comply with the provisions of paragraph (K), the Court shall make specific findings on the record explaining the reason(s) for approving the settlement.

APPENDIX L

Repeal Probate Court Rules 1-52 and replace them with the a new Preface and Probate Court Rules 1-171. Pursuant to Supreme Court Rule 51(A)(4), the Advisory Rules Committee summary of the proposed new rules is set forth below instead of the full text of the proposed rules, due to their length. Copies of the full text of the proposed rules are available upon request to the clerk of the supreme court at the N.H. Supreme Court Building, One Noble Drive, Concord, New Hampshire 03301 (Tel. 271-2646). In addition, the full text is available on the Internet at: http://www.state.nh.us/courts/supreme.htm.

The proposal is to replace the current Probate Court Rules with new Rules of Practice and Procedure in the Probate Courts. The proposed new rules are modeled, to the extent feasible, upon the existing Superior Court Rules. The Table of Contents of the proposed new rules follows. It is intended to be a summary of the new rules. (Although comments are included in the full text, they are included for explanatory purposes only. It is not the intent of the Advisory Rules Committee to recommend that the comments be adopted as part of the new rules.)

 

RULES OF PRACTICE AND PROCEDURE IN THE PROBATE COURTS

OF

THE STATE OF NEW HAMPSHIRE

TABLE OF CONTENTS

 

RULE PAGE

Preface 1

1 Definitions 2

2 Petitions, Appearances - Addresses 5

3 Petitions - Entry 6

4 Petitions, Motions, or Pleadings - Approved Forms, Form Reproduction 7

5 Petitions, Motions, or Pleadings - Failure to Comply with Rules 8

6 Petitions, Motions, or Pleadings - Addressing the Court 9

7-9 [Reserved for Future Use] 10

10 Dockets 13

11 Dockets - Order of Presentation 14

12 Computation and Extension of Time 15

13 Trial Assignment Calendar 16

14 Appearances - General and Special 17

15 Execution of Pleadings 19

16 Addressing the Court 20

17 [Reserved for Future Use] 21

18 Attorneys - Testifying 22

19 Attorneys - Appearance Pro Hac Vice 23

20 Withdrawals 24

21 Pleadings - Copies to All Parties 25

22 Attorneys - Surety 26

23 Specifications 27

24-26 [Reserved for Future Use] 28

27 Third Party Practice 31

27-A, 28 [Reserved for Future Use] 32

29 Orders to Plead 34

30-32 [Reserved for Future Use] 35

33 Counterclaims 38

34 [Reserved for Future Use] 39

35 Discovery 40

36 Written Interrogatories 44

36-A Written interrogatories - Objections 48

37 [Reserved for Future Use] 49

38 Depositions - Notice 50

39 Depositions - Stenographer 51

40 Depositions - Delivery of Notice 52

41 Depositions - Procedure 53

42 Depositions - Out of State 54

43 [Reserved for Future use] 55

44 Depositions and Interrogatories - Refusal to Answer 56

45 Use of Videotape Depositions - Procedure 57

45-A Use of Videotape Depositions - Procedure for Objections 58

46 Continuances - Unavailability of a Material Witness 59

47 Continuances - Unavailability of Material Evidence 60

48 Continuances 61

49 Continuances - Motions 62

49-A Continuances - Scheduling Conflict 63

50 Continuances - Court Approval Necessary 64

50-A Recusal 65

51 Settlements - Docket Markings 66

52 Continuances - Extension of Return Day 67

53 Admission of Relevant Facts, Genuineness of Documents and Signatures - Presumption of Admittance 68

54 Admission of Relevant Facts, Genuineness of Documents and Signatures - Procedure 69

55 [Reserved for Future Use] 70

56 Withdrawing Papers 71

57 Motions - Requirements 72

57-A Motions - Certification of Attempt to Obtain Concurrence 73

58 Motions - Objections and Oral Argument 74

58-A Motions for Summary Judgment 75

59 Pleadings - Frivolous Conduct 76

59-A Motions for Reconsideration 77

60 Contested Matters 78

61 Notice of Decisions - Contested Matters 79

61-A Notice of Decisions - Uncontested Matters 80

62 Structuring Conferences and Pretrial Procedures 81

63 Standing Pretrial Orders 83

63-A Procedure During Trial - Offers of Proof 84

64 Procedure During Trial - Copies to Court 86

64-A [Reserved for Future Use] 87

65 Procedure During Trial - Examination of Witness 88

66 Procedure During Trial - Objections 89

67 Procedure During Trial - Witness Re-examination 90

68 Procedure During Trial - Criminal Record 91

69 Procedure During Trial - Recall of Witness 92

70 Procedure During Trial - Presentation of Case 93

71 Procedure During Trial - Opening and Closing Statements 94

72 Procedure During Trial - Requests and Memoranda 95

72-A Procedure After Trial - Decisions 96

73 [Reserved for Future Use] 97

74 Procedure After Trial - Final Judgment 98

75 Procedure After Default 99

76 Appeals to Superior Court 100

77 [Reserved for Future Use] 101

77-A Exceptions Unnecessary 102

77-B [Reserved for Future Use] 103

78 Photographing, Recording and Broadcasting 104

78-A Transcripts 105

78-B Duplication of Audio Tapes 106

79 Interlocutory Transfers and Appeals to Supreme Court - Procedure 107

80 Transfer of Cases to the Supreme Court - Transcripts 108

81 Matters before Masters and Referees 109

82 Matters before Masters and Referees - Non-compliance 110

83 Matters before Masters and Referees - Amendments and Assessment of Costs 111

84 Matters before Masters and Referees - Approval by Probate Judge 112

85 Matters before Masters and Referees - Questions of Law Reported 113

85-A [Reserved for Future Use] 114

86 Trustees - Disclosure 115

87 Taxation of Costs 116

88 Fees and Expenses - Fiduciary and Attorney 117

89 Formal Proof of Highway Waived Unless Demanded 118

90 Adoption - Personal Attendance 119

91 Adoption of Foreign-Born Child 120

91-A [Reserved for Future Use] 121

92 Adoptions - Proof of Birth, Guardianship Pending 122

93 Processing and Disposition of Termination of Parental Rights Cases 123

93-A, 94 [Reserved for Future Use] 128

95 Criminal Contempt 131

96 Wills - Filed without Administration 132

96-A [Reserved for Future Use] 133

97 Wills - Proof by Codicil 134

98 Wills - Nuncupative or Lost 135

99 Wills - With Charitable Trust, Remainder Trust or Bequest 136

99-A [Reserved for Future Use] 137

100 Voluntary Administrations - Contribution of Non-estate Funds 138

100-A [Reserved for Future Use] 139

101 Status Reports - Estates Opened Solely to Pursue Cause of Action 140

102 Private Claim by or Against Fiduciary 141

102-A Creditors Claim 142

103 Bonds - Corporate 143

103-A Bonds - Personal 144

103-B Bonds - Change of Sureties or Penal Sum of Bond 145

104 Surety or Beneficiary as Appraiser or Commissioner 146

105 Inventories - Statement Concerning Fees 147

105-A Inventories - Failure to Object 148

106 Motions for License to Sell, Mortgage, Or Lease 149

106-A Motions for License to Sell Real Estate to Pay Debts or Legacies 150

106-B License to Sell, Mortgage, or Lease - Notification of Proceeds 151

106-C License to Sell, Mortgage, or Lease - Return 152

107 Sales without License 153

108 Fiduciary Accounting Standards 154

108-A Accounts - Failure to Object 160

108-B Accounts - Personal Attendance 161

109 Interpreters 162

110 Motions for Commissioner of Insolvency 163

111 Guardianship of Minors Necessitated by RSA 464-A:42 164

111-A Guardianship of Minor - Procedure on Receipt of Additional Assets 166

112 Reports - Confidential 167

113 Consolidation of Actions 168

114 [Reserved for Future Use] 169

115 Change of Venue, Inconvenient Forum 170

116 [Reserved for Future Use] 172

117 Form of Pleading 173

118 Form of Equity Petitions - Structure 174

119 [Reserved for Future Use] 175

120 Form of Petition and Answer - Obligation to be Concise 176

121 Form of Petition and Answer - Numbered Paragraphs 177

122 Petition to Quiet Title 178

123 [Reserved for Future Use] 179

124 Petition - Entry and Orders 180

125 Petition - Service 181

126 Petition - Attested copies 182

127 Petition - Time limits for Answer 183

128 Petition - Notice by Publication 184

129 Petition - Writs of Attachment 185

130 [Reserved for Future Use] 186

131 Appearances and Answers - Time to file 187

132 Equity Answers - Form 188

133 Answers 189

134 [Reserved for Future Use] 190

135 Amendments to Pleadings 191

136 Amendments - Response 192

137 Replications - Equity 193

138 [Reserved for Future Use] 194

139 New Parties 195

140 Security for Costs 196

141 Preliminary Orders 197

142 Contempt and Arrest 198

143 Contempt and Arrest - Bail 199

144-149 [Reserved for Future Use] 200

150 Stipulations or Agreements 206

151-160 [Reserved for Future Use] 207

161 Temporary Restraining Orders; Preliminary Injunctions 220

162 Injunctions - Filing of Pleading 222

163 Injunctions - Bond 223

164 Preparation of Ex Parte Decrees 224

165-168 [Reserved for Future Use] 225

169 Fees 229

170 Alternative Dispute Resolution 231

170-A Arbitration by Agreement 238

171 [Reserved for Future Use] 241