THE STATE OF NEW HAMPSHIRE SUPREME COURT OF NEW HAMPSHIRE O R D E R

Transcription

1 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 adopts the following temporary amendments to court rules. I. Circuit Court Rules (These temporary amendments are intended to make current court rules applicable in proceedings in the new circuit court divisions.) 1. Amend Supreme Court Rule 1, regarding official publication and notification of rules, on a temporary basis, as set forth in Appendix A. 2. Amend the Preface to the Superior Court Rules, on a temporary basis, as set forth in Appendix B. 3. Adopt Superior Court Administrative Rule 12-19, on a temporary basis, as set forth in Appendix C. 4. Amend the title of the Rules of the District Courts of the State of New Hampshire, on a temporary basis, as set forth in Appendix D. 5. Adopt Circuit Court District Division Rule 1.1B, regarding application, on a temporary basis, as set forth in Appendix E. 6. Amend the title of the Rules of the Probate Courts of the State of New Hampshire, on a temporary basis, as set forth in Appendix F. 7. Amend the Preface to the Circuit Court Probate Division Rules, on a temporary basis, as set forth in Appendix G. 8. Amend the title of the Rules of the Family Division of the State of New Hampshire, on a temporary basis, as set forth in Appendix H. 9. Amend Circuit Court Family Division Rule 1.1, regarding scope and application, on a temporary basis, as set forth in Appendix I. 10. Amend New Hampshire Rule of Evidence 1101(a), regarding applicability of rules, on a temporary basis, as set forth in Appendix J.

2 11. Amend System-Wide Guardian ad Litem Application, Certification and Practice Rule 1.1, regarding authority and applicability, on a temporary basis, as set forth in Appendix K. II. Supreme Court Rule 54 (This temporary amendment expands the membership of the administrative council to include the deputy administrative judge of the circuit court.) 1. Further amend Supreme Court Rule 54, administrative judges and administrative council, which was amended by court order dated May 23, 2011, on a temporary basis, as set forth in Appendix L. Effective Date These amendments shall take effect on July 1, 2011, and shall be referred to the Advisory Committee on Rules for its recommendation as to whether they should be adopted on a permanent basis. Date: June 21, 2011 ATTEST: Eileen Fox, Clerk of Court Supreme Court of New Hampshire 2

3 APPENDIX A Amend Supreme Court Rule 1, on a temporary basis, as follows (additions are in [bold and brackets]; deletions are in strike-thru format): RULE 1. Official Publication and Notification of Rules The Supreme Court of New Hampshire, pursuant to its constitutional, statutory, and common law powers, N.H. CONST. pt. II, art. 73-a; RSA 490:4; Boody v. Watson, 64 N.H. 162 (1886), promulgates the following rules of practice and procedure. Publication in New Hampshire Bar News will constitute official publication and notification of any changes in rules regulating practice in the New Hampshire courts or governing membership in the New Hampshire Bar Association or standing as a member of the New Hampshire Bar, as well as of any other Supreme Court orders of general application. Rules of the supreme court and all other New Hampshire courts shall be available in the offices of all clerks of court and registers of probate and shall also be printed by a commercial publisher and made available for purchase by attorneys, law libraries and the public. Further information as to obtaining copies of the New Hampshire Bar News or binders of Court Rules may be obtained from the New Hampshire Bar Association or the Supreme Court's Clerk's office. In the interest of expediting a decision, or for other good cause shown, the supreme court or a single justice thereof may suspend the requirements or provisions of any of these rules in any instance on application of a party or on the court's or a single justice's motion, and may order proceedings in accordance with that direction. [References in court rules to the district court shall be deemed to include the circuit court district division; references to the probate court shall be deemed to include the circuit court probate division; and references to the judicial branch family division shall be deemed to include the circuit court family division.] 3

4 APPENDIX B Amend the Preface to the Superior Court Rules, on a temporary basis, as follows (additions are in [bold and brackets]; deletions are in strike-thru format): Preface As good cause appears and as justice may require, the court may waive the application of any rule. Upon the violation of any rule of court, the court may take such action as justice may require. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, which may include fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party. [References in court rules to the district court shall be deemed to include the circuit court district division; references to the probate court shall be deemed to include the circuit court probate division; and references to the judicial branch family division shall be deemed to include the circuit court family division.] 4

5 APPENDIX C follows: Adopt Superior Court Administrative Rule 12-19, on a temporary basis, as References to the judicial branch family division shall be deemed to include the circuit court family division. 5

6 APPENDIX D Amend the title of the Rules of the District Courts of the State of New Hampshire, on a temporary basis, as follows (additions are in [bold and brackets]; deletions are in strike-thru format): RULES OF THE DISTRICT COURTS OF THE STATE OF NEW HAMPSHIRE [CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE DISTRICT DIVISION] 6

7 APPENDIX E follows: Adopt Circuit Court District Division Rule 1.1B, on a temporary basis, as Rule 1.1B. Application References in court rules to the district court shall be deemed to include the circuit court district division; references to the probate court shall be deemed to include the circuit court probate division; and references to the judicial branch family division shall be deemed to include the circuit court family division. 7

8 APPENDIX F Amend the title of the Rules of the Probate Courts of the State of New Hampshire, on a temporary basis, as follows (additions are in [bold and brackets]; deletions are in strike-thru format): RULES OF THE PROBATE COURTS OF THE STATE OF NEW HAMPSHIRE [CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE PROBATE DIVISION] 8

9 APPENDIX G Amend the Preface to the Rules of the Circuit Court Probate Division, on a temporary basis, as follows (additions are in [bold and brackets]; deletions are in strike-thru format): PREFACE: As good cause appears and as justice may require, the Court may waive the application of any rule. Upon the violation of any rule of Court, the Court may take such action as justice may require. Such action may include, without limitation, the imposition of monetary sanctions against either counsel or a Party, which may include fines to be paid to the Court, and reasonable attorney's fees and costs to be paid to the opposing party. [References in court rules to the probate court shall be deemed to include the circuit court probate division; references to the register shall be deemed to include the circuit court clerk; references to the district court shall be deemed to include the circuit court district division; and references to the judicial branch family division shall be deemed to include the circuit court family division. ] 9

10 APPENDIX H Amend the title of the Rules of the Family Division of the State of New Hampshire, on a temporary basis, as follows (additions are in [bold and brackets]; deletions are in strike-thru format): RULES OF THE FAMILY DIVISION OF THE STATE OF NEW HAMPSHIRE [CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE FAMILY DIVISION] 10

11 APPENDIX I Amend Circuit Court Family Division Rule 1.1, on a temporary basis, as follows (additions are in [bold and brackets]; deletions are in strike-thru format): 1.1. Scope and Application: These general provisions apply to all family division case types, unless otherwise stated. All references to judge include marital master unless otherwise stated. [References in court rules to the judicial branch family division shall be deemed to include the circuit court family division; references to the district court shall be deemed to include the circuit court district division; and references to the probate court shall be deemed to include the circuit court probate division.] 11

12 APPENDIX J Amend New Hampshire Rule of Evidence 1101(a), on a temporary basis, as follows (additions are in [bold and brackets]; deletions are in strike-thru format): (a) Courts. These rules apply to the proceedings in the district courts, probate courts, [and probate divisions of the circuit court, the] superior court, and the supreme court. 12

13 APPENDIX K Amend System-Wide Guardian ad Litem Application, Certification and Practice Rule 1.1, on a temporary basis, as follows (additions are in [bold and brackets]; deletions are in strike-thru format): Rule 1.1 Authority and Applicability The following rules are established pursuant to the supreme court rulemaking authority under the New Hampshire Constitution, part II, article 73-a and the authority conferred under RSA 490:26-e. The court incorporates hereby by reference the rules adopted by the New Hampshire Guardian Ad Litem Board pursuant to RSA chapter 490-C in regard to the certification, qualifications, training, standards, oversight and decertification of Guardians ad Litem. [References to the district court shall be deemed to include the circuit court district division; references to the probate court shall be deemed to include the circuit court probate division; and references to the judicial branch family division shall be deemed to include the circuit court family division.] 13

14 APPENDIX L Supreme Court Rule 54, which was amended on a temporary basis by court order dated May 23, 2011, is hereby further amended (sections (3) and (4)(k) of the rule are hereby further amended). As further amended, Rule 54 shall state as follows: RULE 54. Administrative Judges And Administrative Council (1) There is hereby established as follows the position of administrative judge and an administrative council for the judicial branch. (2) The chief justice of the superior court, appointed as provided by law, shall be the administrative judge of the superior court. There shall be an administrative judge and a deputy administrative judge for the circuit court, both of whom shall be appointed by the chief justice of the supreme court, with the concurrence of a majority of the supreme court, for a term to be stated in the order of appointment, but subject to the pleasure of the appointing authority. (3) An administrative council is established to facilitate communications among the various courts and the administrative office of the courts. Membership on the council shall consist of the chief justice of the superior court, the administrative judge and deputy administrative judge of the circuit court, and the director of the administrative office of the courts. The chief justice of the supreme court may designate a justice to serve as liaison between the supreme court and the administrative council. The administrative council shall meet regularly maintaining a flexible agenda, providing the opportunity to exchange views, measure progress, resolve conflicts, work toward uniformity of procedure among courts to the extent possible and make recommendations to the supreme court. The administrative council shall keep the supreme court apprised of matters being considered by the council and shall meet periodically with the supreme court to enhance the effective and efficient administration of the judicial branch. (4) Role and Responsibilities of the Administrative Judge. The administrative judge (or, upon the unavailability of the administrative judge of the circuit court, the deputy administrative judge) has general supervisory responsibility for the administration, operation and improvement of the court in order to provide for the expeditious disposition of all cases over which the court has jurisdiction, subject to the policies, rules, orders and guidelines established by the supreme court. The administrative judge (or, upon the unavailability of the administrative judge of the circuit court, the deputy administrative judge), in addition to the foregoing, shall, when not in conflict with part II, article 73-a of the New Hampshire Constitution, have such duties and responsibilities as may be conferred by statute. 14

15 Without limiting the foregoing, the responsibilities of the administrative judge (or, upon the unavailability of the administrative judge of the circuit court, the deputy administrative judge) include the following: (a) Exercising supervisory powers over judges, clerks, registers and court personnel; (b) The employment and discharge of all personnel in accordance with budgetary and personnel rules and regulations, collective bargaining agreements and such policies as have been established by the supreme court; (c) Issuing superior court or circuit court administrative orders as may be required from time to time to carry out the responsibilities of the office; (d) Effectuating compliance by judges and court personnel with all applicable court rules, provisions of law and administrative orders; (e) Counseling, assisting and supervising judges in their conduct and in the performance of their administrative responsibilities; (f) Appointing court personnel to committees of the court; (g) Implementing established policies, orders and regulations concerning the court's internal management and operation, including but not limited to business hours, the timely disposition of the court's business, judicial vacations and leaves of absence, attendance at meetings, and education and training conferences; (h) Supervising caseflow management; (i) Assigning judges and court personnel to court locations when workload and other factors so require, and allocating equipment and other internal court resources where needed; (j) Preparing the court budget requests and supervising the financial affairs of the court; (k) Representing the court in its relations with other courts, other branches of government, the bar, the general public, the news media, and in ceremonial functions; (l) In the event of unavailability of the administrative judge (or, in the circuit court, the unavailability of both the administrative judge and the deputy administrative judge), designating an acting administrative judge, subject to the approval of the supreme court. 15