THE STATE OF NEW HAMPSHIRE

SUPREME COURT OF NEW HAMPSHIRE

O R D E R

 

Pursuant to Part II, Article 73-a of the New Hampshire Constitution, and Supreme Court Rule 51 A(7), the Supreme Court of New Hampshire approves, on a temporary basis, effective immediately, amendments to Supreme Court Rules 3 and 21 as set forth in Appendices A and B. The amendments shall be referred to the advisory committee on rules for consideration of whether they should be adopted as permanent amendments to Rules 3 and 21.

December 5, 2001

ATTEST:     ______________________

                    Eileen Fox, Clerk of Court
                    Supreme Court of New Hampshire

 

APPENDIX A

 

Amend Supreme Court Rule 3 by deleting the definition of "Clerk" and by replacing it with the following:

"Clerk": Where the context refers to the clerk of a lower court, "clerk" includes a clerk of a lower court, a register of probate, or the administrative agency official who is the equivalent of a clerk of court or who is charged with performing the duties associated with a clerk of court, and their respective assistants and deputies; where the context refers to the clerk of the supreme court, "clerk" includes his or her assistants and deputies.

 

APPENDIX B

 

Amend Supreme Court Rule 21 by adding the following new subparagraphs (7), (8) and (9):

(7) A single justice may rule on all non-dispositive motions and may issue any non-dispositive order. A single justice may rule upon requests to withdraw or dismiss an appeal filed by the appellant, may dismiss an appeal pursuant to Rule 5(4), and may dismiss an appeal without prejudice upon procedural grounds. Any order of a single justice shall state which justice so ruled.

(8) The clerk of the supreme court may rule on all motions relating to scheduling except for motions for expedited consideration, and may issue briefing and other scheduling orders. The clerk may grant or refer to the court dispositive motions to which all parties consent and non-dispositive motions to which no objection is filed or all parties consent. With respect to other motions filed between the issuance of the scheduling order pursuant to Rule 12-B and the date of oral argument, the clerk may refer such motions to the court or issue an order to the effect that no ruling will be made on the motion prior to oral argument but that the parties may address the motion during their allotted oral argument time. Any order of the clerk shall state that it is issued pursuant to this rule.

(9) Any motion to reconsider an order issued by a single justice or the clerk shall be filed within ten days from the date of the issuance of the order. A motion to reconsider an order issued by the clerk shall be decided by a single justice or by the court.