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RULE FOR MERRIMACK COUNTY PILOT PROGRAM TO PERMIT JUDICIAL CHALLENGES BY PARTIES IN NON-CRIMINAL CASES

 


  [Editor's Note:  The following rule does not apply to any cases filed on or after July 1, 2004.]


        Each party to any non-criminal case in the Merrimack County Superior Court or in any district court in Merrimack County may request that one justice of the superior or district court, as the case may be, or one marital master in a case that may be heard by a marital master, not be assigned to the case.  Such request shall be in writing and shall be signed by the party, or the party’s attorney, making the request.  The request must be filed with the court no later than thirty (30) days after the return date in any non-criminal case, or three (3) business days before the first hearing, whichever occurs first.  Upon timely filing of a request under this rule, the clerk of the court shall not schedule the case in question with the justice or marital master named in the request.  In the event that no judge then sitting in the Merrimack County Superior Court or no judge of the applicable district court is able to hear the case, the chief justice of the superior court or the administrative judge of the district court, as the case may be, may change the venue of the case.  This rule shall be effective for all new non-criminal cases filed in the Merrimack County Superior Court or in any district court in Merrimack County from July 1, 2002, until June 30, 2004. 

 

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