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 28 as set forth in Appendix A; Superior Court Rule 168 as set forth in Appendix B; the Procedures Under RSA 524:6-a as set forth in Appendix C; Superior Court Administrative Rule 1-6, IV as set forth in Appendix D; Superior Court Administrative Rule 12-14 B (1) and (2) as set forth in Appendix E; and Superior Court Administrative Rule 12-14 C as set forth in Appendix F.

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves, on a temporary basis, a clarifying amendment to Superior Court Administrative Rule 12-9, which was previously amended on a temporary basis by order dated February 5, 2001. The clarifying amendment is set forth in Appendix G. The temporary amendment adopted on February 5, 2001, and this clarifying amendment shall both be referred to the advisory committee on rules for consideration as to whether they should be adopted as permanent amendments to Rule 12-9.

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves, on a temporary basis, an amendment to Probate Court Rule 14, which was adopted on a temporary basis by order dated May 16, 2001. The amendment is set forth in Appendix H. This amendment shall be referred to the advisory committee on rules and shall be considered by the committee during its review of the probate court rules that is to be undertaken pursuant to this court's order dated May 16, 2001.

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and Supreme Court Rule 51, the Supreme Court of New Hampshire approves amendments to Supreme Court Rule 33(2) as set forth in Appendix I; Supreme Court Rule 37(6) as set forth in Appendix J; Supreme Court Rule 37A(3)(c) as set forth in Appendix K; Supreme Court Rule 37A(3)(d)(4) as set forth in Appendix L; Supreme Court Rule 37A(6) as set forth in Appendix M; Supreme Court Rule 40(3)(i) as set forth in Appendix N; Supreme Court Rule 40(3-a)(k) as set forth in Appendix O; Supreme Court Rule 41 as set forth in Appendix P; Supreme Court Rule 42(7)(b) as set forth in Appendix Q; Supreme Court Rule 51 B as set forth in Appendix R; Superior Court Rule 14 as set forth in Appendix S; District and Municipal Court Rule 1.3 D as set forth in Appendix T; District and Municipal Court Rules 5.1 through 5.12 as set forth in Appendix U; Professional Conduct Rule 8.1 as set forth in Appendix V; Professional Conduct Rule 8.5 as set forth in Appendix W; Rule of Evidence 803(6) as set forth in Appendix X; Rule of Evidence 902(11) as set forth in Appendix Y; and Rule of Evidence 902(12) as set forth in Appendix Z.

The amendments to Superior Court Rule 168 (Appendix B), the Procedures Under RSA 524:6-a (Appendix C), Superior Court Administrative Rule 1-6, IV (Appendix D), Superior Court Administrative Rule 12-14 B (1) and (2) (Appendix E), Superior Court Administrative Rule 12-14 C (Appendix F), and Superior Court Administrative Rule 12-9 (Appendix G) shall take effect immediately. The other amendments shall take effect on January 1, 2002.

October 17, 2001

ATTEST: ___________________________

Howard J. Zibel, Clerk

Supreme Court of New Hampshire

APPENDIX A

Amend Supreme Court Rule 28(1) by deleting it and replacing it with the following:

(1) (a) In a case entered by a petition requesting the supreme court to exercise its original jurisdiction, the party filing the petition shall be designated as the plaintiff, even though the party may have filed the petition in the supreme court by reason of proceedings pending in a lower court or in an administrative agency in which the party is the defendant. In all other types of cases entered, the parties shall retain their lower court or administrative agency designations as plaintiffs and defendants.

(b) When a statute or a rule of court requires that the name of a party be kept confidential, a descriptive term followed by the docket number of the case shall be substituted for the name of said party, unless another form of listing the party's name is preferable in the circumstances of the case. When more than one such party is involved in the case and the same descriptive term applies to them, then an identifying letter shall be added to the docket number. For example, in a confidential case involving two children that has been assigned docket number 2001-233, the children should be designated as "Juvenile 01-233-A" and "Juvenile 01-233-B." In any pleading filed prior to the assignment of a docket number, the descriptive term shall be used followed by a blank line in place of the docket number, followed, if necessary, by an identifying letter. In the previous example, the notice of appeal should refer to the two children as "Juvenile ______-A" and "Juvenile _______-B."

APPENDIX B

Amend Superior Court Rule 168 by deleting the reference to Rule 151 and replacing it with a reference to Rule 210, so that said rule as amended shall read as follows:

All non-jury cases, civil and equity, other than marital cases which are covered by Rule 210, which shall have been pending upon the docket for three years, without any action being shown on the docket other than being placed on the trial list, shall be marked "non-suit" or "dismissed" as the case may be, and notice thereof sent to the attorneys.

APPENDIX C

Amend the Procedures Under RSA 524:6-a in the Superior Court Rules by deleting the reference to Rule 158 in the fourth paragraph and replacing it with a reference to Rule 197, so that said Procedures as amended shall read as follows:

A judgment creditor seeking an order for weekly payments under RSA 524:6-a must file a petition with the Clerk setting out specific grounds for relief. Issuance of a Writ of Execution need not be a preliminary step to the weekly payment process.

Upon the filing of such a petition, an order of notice will issue requiring the judgment debtor to appear at a time and date named therein and submit to an examination relative to his property and ability to pay said judgment.

Said order of notice shall be served by an officer qualified to serve civil process, by delivering in hand to the debtor an attested copy thereof, at least fourteen days before the return day to which the petition is returnable. If such service is not so made, the Court may order further or other notice.

On hearing, the judgment debtor will submit an affidavit similar to one required under Rule 197 and will be examined under oath as to his property and ability to pay. Either party may introduce oral and written evidence as the Court deems relevant. Technical rules of evidence will not apply.

If the debtor fails to appear at the hearing, the Court may proceed and orders may be made in his absence.

If the Court finds that the debtor has no property then exempt from attachment or execution and is unable to make weekly payments on the judgment, or if the creditor fails to appear at the hearing, the petition will be dismissed.

If the Court is satisfied that the debtor has property not exempt from attachment or execution, the Court may order him to produce it, or so much thereof as may be sufficient, to satisfy the judgment and cost of the proceedings, so that it may be taken on execution. If the debtor is able to make weekly payments on the judgment, the Court may, after allowing the debtor an appropriate amount for his support and that of his family, if he has a family, order the debtor to make weekly payments on the judgment from time to time. The Court may also make an order combining any of the orders above mentioned.

The Court may prescribe the times, places, amount of payments and other details in making any of its orders. The Court may at any time review, revise, modify, suspend or revoke any order made. Failure to obey any lawful order of the Court, without just excuse, shall constitute a contempt of court. Contempt proceedings will be initiated by the creditor by a verified petition, and will be handled in a manner similar to support proceedings, except that they will be instituted by summons rather than a capias.

A sentence for contempt shall not end the proceedings nor any order made by the Court, and future violations of the order, upon which the sentence was founded, may likewise be dealt with as for contempt.

If the petition is dismissed, the creditor shall not file within one year after the date of such dismissal another petition against the same debtor upon the same judgment unless the Court otherwise for good cause orders.

RSA 524:6-a is construed, until further order, as applying only to Judgments entered after the effective date of the statute (July 20, 1975.)

APPENDIX D

Amend Superior Court Administrative Rule 1-6, IV by deleting the references to Rules 146, 151, and 152, and replacing them with references to Rules 180, 210, and 207 respectively, so that said subsection IV as amended shall read as follows:

To perform the following acts and issue such orders as provided for in the superior court rules, in addition to those rules where the clerk's authority is already specifically delineated:

(a) To set all cases for trial pursuant to Rule 11.

(b) To enter default and continue for judgment pursuant to Rule 14.

(c) Upon withdrawal of counsel to set a date for the filing of a new appearance pursuant to Rule 20.

(d) To discontinue cases pursuant to Rule 52.

(e) To allow the withdrawal of court documents pursuant to Rule 56.

(f) To enter final judgment pursuant to Rule 74.

(g) To return violation appeals to district court where the entry fee has not been paid pursuant to Rule 92.

(h) In conjunction with the presiding justice, to enter scheduling orders pursuant to Rule 96-A.

(i) To enter orders regarding service by publication pursuant to Rule 128 and Rule 180.

(j) To enter default pursuant to Rule 131 and Rule 139.

(k) To dismiss marital cases which have been pending for two years pursuant to Rule 210.

(l) To waive the waiting period in marital cases pursuant to Rule 207.

(m) To non-suit or dismiss non-jury cases which have been pending for three years pursuant to Rule 168.

The signature of the clerk or the attorney deputy clerk taking any action enumerated in paragraph IV shall appear on the appropriate document involved along with the statement "Acting pursuant to Superior Court Administrative Rule 1-6." In the event that a motion to reconsider or an objection is filed concerning the action taken, the matter shall be scheduled for a hearing before a justice.

APPENDIX E

Amend Superior Court Administrative Rule 12-14 B(1) and (2) by deleting the references to Rule 158 and replacing them with references to Rule 197, so that said subsections 12-14 B(1) and (2) as amended shall read as follows:

B. RULE 197 AFFIDAVITS

1. Superior Court Rule No. 197 Affidavits are not to be accepted for filing by the Clerks of Court, the Presiding Justice, or Marital Master, unless the same are typewritten.

The foregoing provision of Rule 197 is to be strictly enforced and may be waived by the Presiding Justice, Clerk, or Marital Master only in cases where a party appears pro se and in cases where there is a showing of exceptional circumstances.

2. Rule 197 Affidavits are to be exchanged by counsel/parties prior to hearing.

APPENDIX F

Amend Superior Court Administrative Rule 12-14 C by deleting the reference to Rule 158 in the first sentence of said section and replacing it with a reference to Rule 197, so that the first sentence of section C as amended shall read as follows:

Rule 197 Affidavits are to reflect whether the party is currently receiving assistance and also whether such assistance has ever been received in the past (by period of time and amount).

APPENDIX G

Amend Superior Court Administrative Rule 12-9 on a temporary basis by deleting it and replacing it with the following:

12-9. Marital Masters are authorized to hear all marital matters, all domestic violence petitions, and all matters relating to domestic relations over which the superior court or family division has equitable jurisdiction, including permanent custody and UIFSA cases, except violations. If possible, a Marital Master sitting on the first hearing in a case will thereafter be assigned to take care of all matters pertaining to that case.

APPENDIX H

Amend Probate Court Rule 14 (adopted as a temporary rule by order dated May 16, 2001) on a temporary basis by deleting said rule and replacing it with the following:

RULE 14. APPEARANCES – General and Special

Any party may appear before the court in person, or by any citizen of good character, or by an attorney authorized to practice in the courts of this state; provided, however, that no person who is not a lawyer will be permitted to appear, plead, prosecute or defend any action for any party, other than himself or herself until there is on file with the Register: (1) a power of attorney signed by the party for whom he or she seeks to appear and witnessed and acknowledged before a Justice of the Peace or Notary Public, constituting said person his or her attorney to appear in the particular action; and (2) an affidavit under oath in which said person discloses (a) all of said person's misdemeanor and felony convictions (other than those in which a record of the conviction has been annulled by statute), (b) all instances in which said person has been found by any court to have violated a court order or any provision of the rules of professional conduct applicable to nonlawyer representatives, and (c) all prior proceedings in which said person has been permitted to appear, plead, prosecute or defend any action for any party, other than himself or herself, in any court. The person so appearing shall file with the Register a written appearance notice giving his name, his residence, the matter in which he appears, the name of the person or persons for whom he appears and their respective mailing addresses, and the Register shall enter the appearance on the docket. In contested matters, the notice of appearance shall be forwarded to the adverse party by the party so appearing and certification of such shall be made to the court. Any person who is not a lawyer who is permitted to represent any other person before any court of this State must comply with the Rules of Professional Conduct as set forth in Professional Conduct Rule 8.5, and shall be subject to the jurisdiction of the committee on professional conduct.

Any Party may appear Pro Se, or be represented by an Attorney. Attorneys and Pro Se Parties shall enter an Appearance Form before filing Pleadings or personally appearing before the Court. An attorney-in-fact shall attach a copy of the Power of Attorney and affidavit to the Appearance Form. No Appearance Form shall be required to be filed by the Petitioner, or if represented, by the Petitioner's Attorney or by a guardian ad litem, except as required by the previous paragraph of this rule.

The Appearance Form shall identify the Attorney, or Pro Se Party's name, address, the matter in which the Person appears and the name and address of the Party or Parties for whom the Person appears.

Copies of the Appearance Form shall be forwarded to all Parties, or if represented, to their Attorneys by the Party so appearing. A statement of compliance shall accompany all Appearance Forms.

The filing of an Appearance shall not constitute a general objection or denial. Any objections or denials must be raised in a separate Pleading. A Special Appearance shall be deemed a General Appearance thirty (30) days after the Return Day of the action, unless a motion to dismiss on jurisdictional grounds is filed within that time.

APPENDIX I

Amend Supreme Court Rule 33(2) by deleting it and replacing it with the following.

(2) Without the prior written approval of the court, no person who is not a lawyer may represent a person other than himself or be listed on the notice of appeal or other appeal document, or on the brief, or sit at counsel table in the courtroom or present oral argument. Request for such written approval shall be made in writing at the time of filing the appeal or, if it relates to briefing or oral argument, not later than 15 days before the date scheduled for filing the brief or for oral argument. The request must contain: (a) a power of attorney signed by the party, and witnessed and acknowledged before a justice of the peace or notary public, constituting another person as his or her attorney to appear in the particular action; and (b) an affidavit under oath in which said other person discloses (i) all of said other person's misdemeanor and felony convictions (other than those in which a record of the conviction has been annulled by statute), (ii) all instances in which said other person has been found by any court to have violated a court order or any provision of the rules of professional conduct applicable to nonlawyer representatives, and (iii) all prior proceedings in which said other person has been permitted to appear, plead, prosecute or defend any action for any party, other than himself or herself, in any court. Any person who is not a lawyer who is permitted to represent any other person before any court of this State must comply with the Rules of Professional Conduct as set forth in Professional Conduct Rule 8.5, and shall be subject to the jurisdiction of the committee on professional conduct. This rule is intended to accommodate, and not to be in derogation of, the right of a party to appear personally by a citizen of good character, as set forth in RSA 311:1.

APPENDIX J

Amend Supreme Court Rule 37 by striking out paragraph (6) and replacing it with the following new paragraph (6), so that said paragraph as amended shall read as follows:

(6) Subpoena Power for the Committee: At any stage of the proceedings before the committee, witnesses with or without documents may be summoned by subpoena or subpoena duces tecum issued by a single justice of the court upon request of the committee or a respondent-attorney. Witnesses before the committee shall be examined under oath or affirmation.

APPENDIX K

Amend Supreme Court Rule 37A(3)(c) by adding a new subsection (9) to the end of subsection (3)(c), so that new subsection (3)(c)(9) shall read as follows:

(9) Photographing, Recording and Broadcasting.

Except by order of the committee chair or the supreme court, no person shall within the hearing room take any photograph, make any recording, or make any broadcast by radio, television or other means in the course of any proceeding. Reporters hired by the committee to record hearings pursuant to this rule and authorized recorders are not prohibited by this rule from making voice recordings for the sole purpose of discharging their official duties.

APPENDIX L

Repeal Supreme Court Rule 37A(3)(d)(4).

APPENDIX M

Amend Supreme Court Rule 37A by adding a new section (6) to the end of the rule, so that new section 37A(6) shall read as follows:

(6) Request for Reconsideration.

(a) Request. A request for reconsideration shall be filed with the committee within (10) days of the date on the committee chair's written confirmation of any decision of the committee. The request shall state, with particular clarity, points of law or fact that the committee has overlooked or misapprehended and shall contain such argument in support of the request as the party making such request desires to present.

(b) Answer. No answer to a request for reconsideration shall be required unless specifically ordered by the committee, but any answer or response must be filed within ten (10) days of the date on the notification of the request.

(c) Committee Action. If a request for reconsideration is granted, the committee may reverse its decision or take other appropriate action without rehearing or may schedule a further hearing.

(d) Effect of Request. The filing of a request for reconsideration of a reprimand shall stay the thirty day period for filing an appeal pursuant to Supreme Court Rule 37(3)(c)(5).

APPENDIX N

Amend Supreme Court Rule 40(3)(i) by adopting on a permanent basis the temporary amendment to said rule adopted by order dated August 11, 2000:

(i) Any violation of these provisions relating to the duty of confidentiality imposed by this rule may result in action of the committee at the request of the non-violating party or on its own motion. That action may consist of opening the file and the proceedings earlier than would have been the case under section (3), terminating the proceedings with or without public comment, or such other action as the committee deems appropriate in the circumstances. Notwithstanding the provisions of this rule, the committee may disclose to an appropriate law enforcement authority any matter that comes before it, and shall, at the same time, inform the chief justice or the senior associate justice of the supreme court of the matter. Notwithstanding the provisions of this rule, the committee may also disclose relevant information that is otherwise confidential to agencies or commissions authorized to investigate the qualifications of judicial candidates, provided that the judge who is the subject of the request has signed a waiver permitting the requesting agency or commission to obtain confidential information, and further provided that the agency or commission shall maintain the confidentiality of the information provided to the fullest extent possible consistent with the carrying out of its official duties unless it obtains a written waiver of confidentiality from the grievant or complainant and any other person whose confidentiality is protected by this rule.

APPENDIX O

Amend Supreme Court Rule 40(3-a)(k) by adopting on a permanent basis the temporary amendment to said rule adopted by order dated August 11, 2000:

(k) Any violation of these provisions relating to confidentiality shall constitute contempt of the supreme court. The committee may enforce these provisions by appropriate proceedings for contempt before any justice of the supreme court. Notwithstanding the provisions of this rule, the committee may disclose to an appropriate law enforcement authority any matter that comes before it. Notwithstanding the provisions of this rule, the committee may also disclose relevant information that is otherwise confidential to agencies or commissions authorized to investigate the qualifications of judicial candidates provided that the judge who is the subject of the request has signed a waiver permitting the requesting agency or commission to obtain confidential information, and further provided that the agency or commission shall maintain the confidentiality of the information provided to the fullest extent possible consistent with the carrying out of its official duties unless it obtains a written waiver of confidentiality from the complainant and any other person whose confidentiality is protected by this rule.

APPENDIX P

Amend Supreme Court Rule 41 by striking out said rule in its entirety and inserting in place thereof the following so that said rule as amended shall read as follows:

RULE 41. LIMITED LIABILITY ENTITIES

(1) Definitions. The following terms used in this rule shall have the meanings set forth below:

(a) "Limited liability entity" shall mean a professional corporation, a professional limited liability company, or a limited liability partnership, that engages in the practice of law in the State of New Hampshire and which is organized under the laws of any state or the District of Columbia which permits a limited liability entity to be engaged in the practice of law.

(b) "Owner" shall mean a shareholder of a professional corporation, a member of a professional limited liability company, or a partner of a limited liability partnership.

(c) "Manager" shall mean an individual who is licensed to practice law in this state or who is duly licensed by the licensing authority of a state or territory of the United States or the District of Columbia and who is named as a manager of a professional limited liability company in or designated as a manager of a professional limited liability company pursuant to a professional limited liability company agreement or similar instrument under which the professional limited liability company is formed.

(2) Applicable Law. The provisions of the laws of this state shall be applicable to attorneys practicing law in this state, subject to the terms and conditions of this rule. Nothing in this rule is to be construed to permit a limited liability entity to practice law in New Hampshire if said practice is prohibited by New Hampshire statute.

(3) Shareholders, Members, Managers, Officers, Directors, Employees. In addition to other provisions required by law, each limited liability entity shall assure compliance with the following requirements:

(a) All owners shall be persons who are duly licensed by this court to practice law in this state, or who are duly licensed by the licensing authority of a state or territory of the United States or the District of Columbia.

(b) All owners shall be in good standing before this court or before the licensing authority of the jurisdiction(s) in which they are actively engaged in the practice of law.

(c) All owners shall own their shares or other ownership interests in their own right.

(d) All owners shall be persons who, except for temporary absence due to illness or accident, time spent in the Armed Services of the United States, vacations and leaves of absence not to exceed two years, are actively engaged in the practice of law with the limited liability entity, in this state or in another jurisdiction in which they have been admitted to practice.

(e) Any owner who ceases to be eligible to be an owner and the executor, administrator, or other legal representative of a deceased or incapacitated owner shall be required to dispose of that owner's shares or other ownership interest as soon as reasonably possible, either to the limited liability entity or to an individual duly qualified to be an owner of the limited liability entity.

(f) All owners and managers of and attorneys employed by a limited liability entity shall by being licensed to practice law in this state, be subject to and bound by the provisions of this rule, including, without limitation, paragraph (10) hereof.

(g) All directors and officers of a professional corporation and all members, managers and officers of a professional limited liability company, as the case may be, shall be owners.

(h) No owner or attorney employed by a limited liability entity shall be an owner, director, officer, member or manager of more than one limited liability entity; provided, however, that an attorney who is acting as the fiduciary representative of the estate of an attorney may hold the stock or other interest of the attorney in another limited liability entity for a reasonable time during administration of the estate.

(i) Attorneys who are partners, members, managers, or employees of the limited liability entity and who practice law in New Hampshire shall be duly licensed by this court to practice law.

(j) One or more owners of the limited liability entity shall be admitted to practice law by this court and shall be engaged in the practice of law in New Hampshire.

(4) Standards of Conduct.

(a) Nothing in this rule shall be deemed to diminish or change the obligation of each attorney who is an owner of or who is employed by the limited liability entity to conduct the practice of law in accordance with generally recognized standards of professional conduct and in accordance with the specific standards which may be promulgated by this court or the licensing authority of the jurisdiction(s) in which the attorney practices. Any attorney who, by act or omission, causes the entity to act or fail to act in a way which violates any applicable standard of professional conduct, including any provision of this rule, shall be personally responsible for such act or omission and shall be subject to discipline therefor.

(b) The final responsibility for the delivery of professional services in this state shall be vested in New Hampshire licensed attorneys.

(5) Confidentiality. Nothing in this rule shall be deemed to modify, abrogate or reduce the attorney-client privilege or any comparable privilege or relationship, whether statutory or derived from the common law.

(6) Name. The name of the limited liability entity shall contain words or abbreviations which indicate that it is a limited liability entity.

(7) Identity of Non-Resident Attorneys.

(a) Within thirty (30) days after the organization of a limited liability entity under the laws of the State of New Hampshire or the qualification to do business in New Hampshire of a foreign limited liability entity, the limited liability entity shall file with the clerk of this court a written list of the names and addresses of the owners or managers of the limited liability entity who are not licensed to practice law in the State of New Hampshire and a notarized statement certifying that such owners or managers are in good standing before the licensing authority of the jurisdiction(s) in which they are actively engaged in the practice of law. Within thirty (30) days after any change in the status of such owners or managers, a revised list setting forth the information required by the preceding sentence shall be filed with the clerk of this court. There shall also be filed with the clerk of this court such other information as this court may from time to time prescribe.

(b) In the event that any disciplinary proceeding shall be instituted against any attorney not licensed in New Hampshire who is an owner, manager, or employee of a limited liability entity, notice of such proceeding shall be given to the clerk of this court forthwith.

(c) All applications, reports, and other documents required to be filed with this court by this rule shall be signed and verified by an owner of the limited liability entity who is an attorney licensed to practice law by this court.

(8) Trust Accounts. Each limited liability entity which maintains an office in a state other than the State of New Hampshire shall comply with the provisions of Rules 50 and 50-A, subject, however, to any requirements which may be imposed by the comparable rules adopted by the highest court of that state with respect to trust funds being maintained in that state. To the extent that the rule of such other state may apply to trust funds maintained in that state, the limited liability entity shall comply with such rule and shall so certify to the clerk of this court annually on or before August 1.

(9) Letterhead. A limited liability entity which practices law in a jurisdiction other than New Hampshire and which lists its employees on its letterhead and in other permissible listings shall do so in a manner which makes clear the jurisdictional limitations on those employees of the limited liability entity not licensed to practice in all listed jurisdictions.

(10) Liability. The liability of individuals and limited liability entities for performance of professional services in this state shall be determined under the common law and statutory law of this state.

APPENDIX Q

Amend Supreme Court Rule 42(7)(b) by striking out subparagraph (7)(b) and replacing it with the following new subparagraph (7)(b), so that said subparagraph as amended shall read as follows:

(b) A new admittee's license to practice shall not be so revoked if, within two years after being admitted to the bar and before completing the practical skills course, he or she leaves New Hampshire on a military or other government service assignment for more than a brief period, intending later to satisfy the requirements of the rule, and promptly so notifies the Court in writing; provided, however, he or she attends a practical skills course given within three years of the date of departure, and further provided that, if he or she shall have completed the assignment and returned to New Hampshire within the three-year period, the course taken shall be the first available course given after his or her return. The admittee shall notify the Court promptly of his or her return within the three-year period. Upon written request in exceptional instances, the Court may extend the three-year period following the date of departure within which the admittee must attend a practical skills course.

APPENDIX R

Amend Supreme Court Rule 51 B by striking out section B and replacing it with the following new section B, so that section B as amended shall read as follows:

B. Appointment of Advisory Committee on Rules

(1) There shall be an Advisory Committee on Rules, which shall be composed of thirteen members as follows:

(a) One judge from each of the following courts shall be appointed by the supreme court: district court, probate court, superior court, and supreme court.

(b) Two attorneys shall be appointed by the supreme court.

(c) Three lay persons shall be appointed by the supreme court.

(d) One member shall be appointed by the Governor.

(e) One member of the senate shall be appointed by the president of the senate.

(f) One member of the house shall be appointed by the speaker of the house.

(g) One clerk of court shall be appointed by the supreme court.

(2) Appointments by the supreme court shall, where possible, be made from the Committee on Judicial Conduct, the Committee on Professional Conduct, the New Hampshire Bar Association's Committees on Civil Procedure, Evidence and Ethics, and such other committees as may be either studying or enforcing rules for the administration of justice. All such committees shall channel recommended changes through the Advisory Committee on Rules and shall serve as its sub-committees for specific areas of rule-making.

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

(a) when a member ceases to be a member by resignation or otherwise;

(b) when a judge ceases to hold the office which he or she held at the time of selection;

(c) when a lawyer ceases to be admitted to practice in the courts of this State or is appointed to a judicial office;

(d) when a lay person becomes a lawyer or a judge;

(e) when a legislative member ceases to be a member of the general court.

(4) Members appointed by the Governor, the president of the senate, and the speaker of the house shall serve at the pleasure of the appointing authority.

(5) The secretary of the committee shall be the clerk of the supreme court or any other person designated by the supreme court.

APPENDIX S

Amend Superior Court Rule 14 by deleting the last paragraph of the rule and replacing it with the following:

No person who is not a lawyer will be permitted to appear, plead, prosecute or defend any action for any party, other than himself or herself, unless of good character and until there is on file with the Clerk: (1) a power of attorney signed by the party for whom he or she seeks to appear and witnessed and acknowledged before a Justice of the Peace or Notary Public, constituting said person his or her attorney to appear in the particular action; and (2) an affidavit under oath in which said person discloses (a) all of said person's misdemeanor and felony convictions (other than those in which a record of the conviction has been annulled by statute), (b) all instances in which said person has been found by any court to have violated a court order or any provision of the rules of professional conduct applicable to nonlawyer representatives, and (c) all prior proceedings in which said person has been permitted to appear, plead, prosecute or defend any action for any party, other than himself or herself, in any court. Any person who is not a lawyer who is permitted to represent any other person before any court of this State must comply with the Rules of Professional Conduct as set forth in Professional Conduct Rule 8.5, and shall be subject to the jurisdiction of the committee on professional conduct.

APPENDIX T

Amend District and Municipal Court Rule 1.3 by deleting section D and replacing it with the following:

D. No person who is not a lawyer will be permitted to appear, plead, prosecute or defend any action for any party, other than himself or herself, unless of good character and until there is on file with the Clerk: (1) a power of attorney signed by the party for whom he or she seeks to appear and witnessed and acknowledged before a Justice of the Peace or Notary Public, constituting said person his or her attorney to appear in the particular action; and (2) an affidavit under oath in which said person discloses (a) all of said person's misdemeanor and felony convictions (other than those in which a record of the conviction has been annulled by statute), (b) all instances in which said person has been found by any court to have violated a court order or any provision of the rules of professional conduct applicable to nonlawyer representatives, and (c) all prior proceedings in which said person has been permitted to appear, plead, prosecute or defend any action for any party, other than himself or herself, in any court. Any person who is not a lawyer who is permitted to represent any other person before any court of this State must comply with the Rules of Professional Conduct as set forth in Professional Conduct Rule 8.5, and shall be subject to the jurisdiction of the committee on professional conduct.

APPENDIX U

Amend District and Municipal Court Rules 5.1 through 5.12, which were previously adopted as temporary rules by order dated December 28, 1998 and amended by order dated May 27, 1999, as follows, and adopt them, as amended, as permanent rules:

LANDLORD AND TENANT ACTIONS

5.1 Landlord and Tenant Writ

The Clerk shall deliver blank writs for landlord and tenant actions to no one except attorneys who have been admitted to the Supreme Court or to individuals who shall elect to prosecute their own suit or to have a citizen of good character who is not an attorney of the Court prosecute their suit for them. Blank writs delivered to individuals not attorneys of the Court shall be entitled by the Clerk.

No attorney who has been admitted by the New Hampshire Supreme Court shall cause any blank writ to be used by any other person than himself or some attorney of the Court.

5.2 Return Day

Return day for writs brought pursuant to RSA 540 shall be only on such days that the Court is open for business. There shall be no trial on the return day.

5.3 Entry of Actions

A. Landlord and Tenant Writs shall be entered with the Court prior to service of process on the defendant. At the time of entry, the entry fee is payable to the Clerk of Court and the case shall be docketed. At the time of entry, the writ shall be accompanied by proof of service of the notice to quit. Proof of service must be shown by a true and attested copy of the notice accompanied by an affidavit of service, but the affidavit need not be sworn under oath. See RSA 540:5.

B. Writs may be accepted by the Court where a mailing address has been listed by the landlord, provided that the landlord also signs a statement on the writ attesting that the Court has jurisdiction over the action.

C. The return of service of process upon the defendant shall be filed by the plaintiff with the Court on or before the earlier of the following: (1) the day following the return day named in the writ; or (2) the time at which the hearing scheduled pursuant to RSA 540:13, V is scheduled to begin.

D. The Clerk may refuse to accept any pleading or motion that the Clerk determines does not comply with these rules. In the event an objection is made to such determination, a written motion may be made to the Court to rule on such determination.

5.4 Failure to Answer

If the defendant does not file an appearance on or before the return day, a notice of default shall be issued that the plaintiff may recover possession of the demanded premises and costs; and, if the writ includes a claim for unpaid rent the notice of default may include the amount of unpaid rent claimed, not to exceed fifteen hundred dollars ($1,500.00) in addition to the costs. A writ of possession and notice of judgment shall also issue, but not until the expiration of at least three days after the Clerk's notice of default and upon the filing of a military affidavit and, if the writ includes a claim for unpaid rent, an affidavit of damages.

5.5 Appearance, Setoff and Counterclaims

A. If the defendant files an appearance in an action which has been docketed prior to service of process in accordance with Rule 5.3(A), the matter will be set for trial to occur within ten days following the date of the filing of the appearance. If (1) service of process occurs prior to the action being docketed, (2) the Court waives the violation of Rule 5.3(A) and allows the action to be docketed, and (3) the defendant files an appearance prior to the action being docketed, then trial will be scheduled to occur within ten days following the date of the docketing of the action.

B. If the plaintiff claims unpaid rent, and if the defendant files any claim or counterclaim which offsets or reduces the amount owed to the plaintiff, then any such claim or counterclaim must be filed on or before the RETURN DAY set forth in the Landlord and Tenant Writ and a copy thereof shall be mailed or delivered to the plaintiff or plaintiff's attorney. No such claim or counterclaim shall be afterwards received except upon leave of Court for good cause shown and upon such terms as justice may require.

C. The Court may in all cases order either party to plead and also to file a statement in sufficient detail to give to the adverse party and to the Court, reasonable knowledge of the nature and grounds of the action or defense.

Upon failure to comply with such order, the Court may take such action as justice may require.

5.6 Discovery and Continuances

A. Both parties to a landlord and tenant action shall have a right to engage in discovery prior to the hearing on the merits, subject to the time frames set forth below:

1. All requests for discovery shall be made within five (5) days of the RETURN DAY.

2. Responses to interrogatories, requests for admissions and production of documents shall be made within fourteen (14) days after receipt of said requests.

3. Depositions shall be taken no less than three (3) days from the date of the notice of deposition and within no less than seven (7) days of the scheduled trial date.

B. Upon the request of any party, the Court may grant a continuance of the scheduled trial date to allow time to complete discovery. Landlord and tenant actions shall be given priority on the Court's docket and, whenever possible, rescheduled within thirty (30) days.

5.7 Writ of Possession and Judgment

A. If the defendant fails to appear for trial, or if upon trial it is considered by the Court that the plaintiff has sustained the complaint, judgment shall be rendered that the plaintiff recover possession of the demanded premises and costs, and a writ of possession shall issue.

1. If the defendant failed to appear for trial, then the writ of possession and notice of judgment shall not issue until the expiration of at least three days after the Clerk's notice of default and, if the writ includes a claim for unpaid rent, upon the filing of an affidavit of damages.

2. If upon trial the plaintiff sustained the complaint, then the writ of possession shall not issue until the expiration of the seven day period for filing a Notice of Intent to Appeal set forth in RSA 540:20. If the defendant files a timely Notice of Intent to Appeal, then the writ of possession shall not issue until the expiration of the appeal period set forth in Supreme Court Rule 7, except as otherwise provided in RSA 540:25, I, or following an order from the Supreme Court dismissing the defendant's possessory appeal or

deeming the defendant's possessory appeal waived for failure to comply with RSA 540:25, II.

B. In all cases in which a judgment for plaintiff is rendered where the action is based upon nonpayment of rent, the Court shall determine and set forth in its order the amount which must be paid into Court on a weekly basis in the event defendant appeals. This amount is equal to the actual weekly rent or the periodic rent converted into a weekly sum.

C. In all cases which include a claim for unpaid rent the Court's judgment shall include a money judgment on the plaintiff's claim and any setoff or counterclaim by defendant.

5.8 Damages

A. The Landlord and Tenant Writ shall contain a space for the plaintiff to claim damages for nonpayment of rent and require a statement of the amount thereof.

B. In rendering judgment the Court is limited to a judgment of not more than fifteen hundred dollars ($1,500.00).

5.9 Notice Form

The Landlord and Tenant Writ shall incorporate or have attached to it the following notice:

If you desire to be heard on the matters raised in these papers, you must notify the Court by filing an appearance form with the Clerk of Court on or before the date specified on this writ next to the words "RETURN DAY". (These forms are available at the Clerk's Office.) Once you have filed your appearance, a date for a hearing will be set by the court and you will be notified by mail. You do not have to physically appear in court on the RETURN DAY since there will be no hearing on that day. If the landlord claims unpaid rent and if you file a claim or counterclaim which offsets or reduces the amount owed to the landlord, you must file the claim or counterclaim on or before the RETURN DAY shown on this Landlord and Tenant Writ. Space is provided on the appearance form for making the claim or counterclaim. IF YOU DO NOT FILE AN APPEARANCE FORM, IT WILL BE ASSUMED YOU DO NOT WISH TO CONTEST THE ACTION, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU, WHICH MAY INCLUDE ANY UNPAID RENT CLAIMED BY THE LANDLORD, AND A WRIT OF POSSESSION MAY ISSUE.

5.10 Post Trial Motions and Appeals

A. Post trial motions in all cases shall be filed within seven days after the date of the Clerk's Notice of Judgment.

B. Appeals are initiated by filing a Notice of Intent to Appeal with the Clerk within seven days after the date of the Clerk's Notice of Judgment. If the possessory action was based on nonpayment of rent and the defendant files a Notice of Intent to Appeal, the defendant must, at the time the defendant files the Notice of Intent to Appeal, pay into Court one week's rent as determined by the Court. The appeal shall otherwise be filed in accordance with Supreme Court rules.

C. Prior to the final decision on appeal, if the duty to pay rent or a portion thereof is not in dispute, the District Court shall have the authority to pay to the landlord any rent collected by the clerk in excess of eight weeks' rent upon motion and a showing of need.

D. The filing of a post trial motion does not stay the running of the seven day period for filing a Notice of Intent to Appeal.

5.11 Dismissal of Appeals

A. Possessory Action Instituted for Nonpayment of Rent

If the possessory action was instituted on the basis of nonpayment of rent, during pendency of the appeal, rent is payable to the Court on a weekly basis and is due on the same day of the week on which the Notice of Intent to Appeal was filed. If rent is not paid by the due date, the Court shall immediately mail a notice of default to the tenant and issue a writ of possession to the landlord. If, however, the tenant pays the Clerk the entire amount of rent due since the filing of the Notice of Intent to Appeal prior to the service of the writ by the sheriff, the writ of possession shall be recalled and the appeal shall be reinstated. Unless the appeal is reinstated, the District Court shall vacate the appeal and award the plaintiff the rent money that has been paid into Court. The District Court shall notify the Supreme Court of any such action.

B. Possessory Action Instituted for Reason Other than Nonpayment of Rent

If the possessory action was instituted for a reason other than nonpayment of rent, the defendant shall pay into the Court or to the plaintiff, as the Court directs, all rents or portions thereof becoming due from the date the Notice of Intent to Appeal is filed with the District Court. In any case in which the duty to pay rent or a portion thereof is in dispute, the defendant shall be required to pay such portions of the rents becoming due after the notice of intent is filed into Court, as the Court may

direct, which amounts shall be held in escrow until a final decision is rendered. If the defendant fails to make a rental payment as it comes due, the plaintiff shall file an affidavit setting forth the defendant's failure to make timely payment along with a motion to dismiss defendant's appeal. A copy of the motion and affidavit shall be filed with the Supreme Court. The District Court shall file a written recommendation to the Supreme Court that the motion be granted unless, within five (5) days of the filing of plaintiff's motion, defendant files an affidavit setting forth that timely tender of payment was made or that defendant had a lawful reason for failing to tender payment. If defendant files such an affidavit in a timely manner, a hearing shall be scheduled on the motion within ten (10) days of the filing of defendant's affidavit. Following hearing, the District Court shall recommend in writing to the Supreme Court what action should be taken on the motion.

5.12 Dismissal of Writs After Sixty Days

Whenever a Landlord and Tenant Writ has been entered with the Court, and neither an appearance nor the return of service of process has been filed with the Court within sixty days following the date of said entry, such action may upon motion or upon the Court's own motion be dismissed. The order of dismissal may be vacated upon motion after notice for cause shown upon such terms and conditions as the Court may impose. Any motion to vacate shall be filed within seven days after the date of the Clerk's Notice of the order of dismissal.

APPENDIX V

Amend Rules of Professional Conduct, Rule 8.1 by amending said rule to add a new subparagraph (c), so that said rule as amended shall read as follows:

Rule 8.1. Bar Admission and Disciplinary Matters

An applicant for admission to the bar, or a lawyer in connection with a bar admission application or in connection with a disciplinary matter, shall not:

(a) knowingly make a false statement of material fact; or

(b) fail to disclose a fact necessary to correct a misapprehension known by the person to have arisen in the matter, or knowingly fail to respond to a lawful demand for information from an admissions or disciplinary authority, except that this Rule does not require disclosure of information otherwise protected by Rule 1.6; or

(c) fail to attend a hearing when ordered to do so by a disciplinary authority.

APPENDIX W

Amend Rule 8.5 of the Rules of Professional Conduct by amending the caption and adding a new section (C), so that the caption as amended and Rule 8.5(C) shall provide as follows:

Rule 8.5. Disciplinary Authority; Choice of Law; Application of Rules to

Nonlawyer Representatives

. . . .

(C) Application of Rules to Nonlawyer Representatives. Rules 1.2, 1.3, 1.4, 1.14, 1.15, 3.1, 3.2, 3.3, 3.4, 3.5, 4.1, 4.2, 4.3, 4.4, 8.2(a), and 8.4 of the Rules of Professional Conduct shall apply to persons who, while not attorneys at law, are permitted to represent other persons before the courts of this State pursuant to RSA 311:1. The committee on professional conduct shall have jurisdiction to consider grievances alleging violations of these Rules of Professional Conduct by nonlawyer representatives.

APPENDIX X

Amend Rule of Evidence 803(6) by deleting said subsection and replacing it with the following new subsection (6):

(6) Records of Regularly Conducted Activity

A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11), Rule 902(12), or a statute permitting certification, unless the source of information or the method of circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph, includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

APPENDIX Y

Amend Rule of Evidence 902 by adding new paragraph (11) as follows:

(11) Certified domestic records of regularly conducted activity. – The original or a duplicate of a domestic record of regularly conducted activity, which would be admissible under Rule 803(6), and which the custodian thereof or another qualified person certifies under oath –

(A) was made at or near the time of the occurrence of the matters set forth, by or from information transmitted by, a person with knowledge of those matters;

(B) was kept in the course of the regularly conducted activity; and

(C) was made by the regularly conducted activity as a regular practice.

A party intending to offer a record in evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record available for inspection sufficiently in advance of its offer in evidence to provide an adverse party with a fair opportunity to challenge it.

APPENDIX Z

Amend Rule of Evidence 902 by adding new paragraph (12) as follows:

(12) Certified foreign records of regularly conducted activity. – In a civil case, the original or a duplicate of a foreign record of regularly conducted activity, which would be admissible under Rule 803(6), and which is accompanied by a written declaration by the custodian thereof or another qualified person that the record –

(A) was made at or near the time of the occurrence of the matters set forth, by or from information transmitted by, a person with knowledge of those matters;

(B) was kept in the course of the regularly conducted activity; and

(C) was made by the regularly conducted activity as a regular practice.

The declaration must be signed in a manner which, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record in evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record available for inspection sufficiently in advance of its offer in evidence to provide an adverse party with a fair opportunity to challenge it.