THE STATE OF NEW HAMPSHIRE

SUPREME COURT

In Case No. 2001-063, Evelyn Sirrell & a. v. State of New Hampshire and Department of Revenue Administration, the court upon February 12, 2001, made the following order:

PREHEARING EVALUATION CONFERENCE ORDER PURSUANT TO RULE 12-B

A prehearing evaluation conference pursuant to Rule 12-B was held in the above case this morning. Present for the plaintiffs were Attorneys Closson and Schwarz, and for the defendants Attorney General McLaughlin and Attorneys Judge, Edwards, and Hayes.

Prior to the conference, the court had set March 15, 2001, at 9:30 a.m., as the date and time for oral argument in this case. Based on that date for oral argument, the parties reached the following agreements.

The plaintiffs will file a cross-appeal, if any, on or before Friday, February 16, 2001.

Plaintiffs indicated that they have not been receiving copies of completed transcripts which the defendants have received. The clerk agreed to find out if additional payment is needed from the defendants for the second copy of the transcripts and to make certain that plaintiffs receive a copy of all transcripts in a timely manner. The clerk of the Rockingham County Superior Court advises that the defendants have paid the estimated cost of an original and two copies of the transcripts and that all transcripts will be available to both parties in a timely manner.

Both parties shall affirmatively brief their appeals simultaneously, with these opening briefs due on or before Friday, February 23, 2001; briefs opposing each other's appeal shall be due on or before Friday, March 9, 2001; any reply briefs of the parties and all briefs of amici curiae shall be due on or before 3:00 p.m., on Tuesday, March 13, 2001. Each side shall limit its argument section of all its briefs to an aggregate of fifty pages.

Participation by any amicus curiae shall be in accordance with Supreme Court Rule 30. Amici curiae shall not duplicate arguments made in the briefs of the parties and shall confine their participation to the issues raised in the briefs of the parties.

On or before Friday, February 16, 2001, the clerk of the Rockingham County Superior Court shall cause all of the exhibits, including the reports of experts, to be transmitted to the supreme court. In addition the parties shall agree on a joint appendix to briefs, pursuant to Rule 17. The joint appendix shall not duplicate material filed as an appendix to the defendants' notice of appeal. The original and twelve copies of the joint appendix shall be filed on or before Friday, February 23, 2001. It shall be the responsibility of the defendants to file the joint appendix.

Oral argument shall be at 9:30 a.m. on Thursday, March 15, 2001. The parties shall first argue the substantive issues, i.e. questions one through four of the defendants' notice of appeal and similar questions in any cross-appeal, with each side having twenty-five minutes of argument. Following argument on the substantive issues, the parties shall argue the remedial issues, i.e. questions five and six of the defendants' notice of appeal and similar questions in any cross-appeal, with each side having ten minutes of argument. Amici curiae shall not be granted oral argument time except as may be ceded to them by the parties.

The attorneys for both parties have agreed to inform the clerk on or before Monday, March 5, 2001, how many spectator seats will be needed for their respective clients, including those in the executive and legislative branches who wish to attend the oral argument. If possible, the court would like to accommodate all who wish to attend, as well as to have seating for the press and the public.

The parties discussed the defendants' motion for formal stay. Due to the operation of Superior Court Rule 74 which stops the entry of judgment while a timely-filed appeal is pending, plaintiffs do not object to the defendants' motion for formal stay.

 

Howard J. Zibel,

Clerk

Date of clerk's notice of decision: February 12, 2001