New Hampshire Superior Court Administrative Rules

[Repealed.]

[Repealed.]
 

The Clerks of Court shall take a receipt for all files or papers withdrawn from his office. No Court file or paper may be withdrawn for use outside the courthouse except upon the order of a Judge of the Court who shall limit the period during which it may be withdrawn.

All monies in the amount of $500 or more received by the Clerk of Court awaiting further order of the Court shall be deposited and placed at interest, which deposit and interest shall be returned to the person entitled to it as the Court may order.

Clerks of Court shall be reimbursed for mileage at the rate set by the supreme court by administrative order, and shall also be reimbursed for actual expenses.

In addition to the inherent authority of the clerk of superior court, and all deputy clerks appointed pursuant to RSA 499:13, to perform such duties and acts as may be necessary to effectuate and provide for the orderly and efficient operation of the court and clerk’s offices, and to exercise such other powers and responsibilities conferred upon them by statute, court rule or administrative rule, the clerk of superior court for each county and deputy clerks of court who are attorneys licensed to practice in the State of New Hampshire shall have the following authority:

    I.  To perform administrative acts including but not limited to:

  (a) Scheduling of all hearings and issuing notices to appear and transport orders.

  (b) Issuing orders of notice or orders setting or amending return days.

  (c) Issuing orders relative to service of process.

  (d) Effectuating all court orders including the issuance of commitment orders, arrest orders, or summons to appear for contempt proceedings.

  (e) Disbursing funds held by the court upon appropriate order by a justice.

  (f) Selecting counsel when appointment of counsel is ordered by the court and appointing and selecting counsel to serve as guardian ad litem in domestic and equity matters.

  (g) Performing such duties relative to jurors as may be performed by a clerk under RSA 500-A.

The additional authority of deputy clerks who are not attorneys licensed to practice law in the State of New Hampshire shall be limited to Sections I(a), (b), (d), (e) and (g).

II.  To be available for appointment by a presiding justice of the superior court as a master pursuant to RSA 519:9 to hear uncontested divorces, applications for temporary orders or ex parte restraining orders in marital cases, petitions for ex parte attachments, and to conduct pretrial conferences in all non-criminal matters, and to make recommendations to the court relative thereto, when a justice or marital master is not present or is otherwise unavailable.  Said appointment shall be made by a presiding justice of the superior court and shall not extend for more than 90 days, provided that said appointment can be renewed for additional 90-day periods.

III.  After personal review, with the consent of a presiding justice of the superior court

   (a) to act on non-criminal motions (including petitions to attach with notice) to which no objection has been filed or to which opposing counsel has indicated there is no objection, provided that the authority is limited to non-dispositive motions in cases where all parties are represented by counsel;

   (b) to approve stipulations where all parties have indicated in writing that they agree with the relief requested and are represented by counsel; and

   (c) to approve preliminary pretrial stipulations in cases where all parties are represented by counsel.

   The signature of the clerk or the attorney deputy clerk taking such action 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.

 IV.  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 enter default and continue for judgment pursuant to Rule 14.

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

   (c) To discontinue cases pursuant to Rule 52.

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

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

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

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

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

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

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

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

   (l) To waive the records research fee in Rule 169 when a request for record information is made by a member of the media consistent with the public's right to access court records under the New Hampshire Constitution.

   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.

Justices may issue orders telephonically. After the text of any order, the following shall appear:

Order issued telephonically by Justice __________________ at __________ o'clock (AM/PM) on  ______________________________
                      (Date)

                                                             ________________________
                                                                   (Clerk or Deputy Clerk)

                       ________________________________      ____________
                        Justice's Confirmatory Signature                 (Date)

    The original of said order shall be forwarded to the Justice issuing it for a confirmatory signature as noted above.

Repealed, effective August 1, 1983.

(a) Ownership. Any and all stenographers' notes and transcripts of the same shall be the sole property of the Superior Court.  This rule does not infringe upon the rights of stenographers to be paid for transcripts they produce.

    (b) Preservation of Records.

(1) Civil and Equity Cases.  All stenographic notes in civil and equity cases may be destroyed six years following the date the notes were recorded.

(2)  Criminal Cases.  All stenographic notes in criminal cases may be destroyed ten years following the date the notes were recorded.

(3)  Subsections (1) and (2) notwithstanding, stenographic notes in any civil, equity or criminal case may be destroyed three years after a complete transcription of the notes has been made and filed.

[Repealed.]

Sheriffs and deputies are authorized to take cash bail in civil contempt cases when the necessity for such occurs after the regular office hours of the Clerk, on Saturdays, Sundays, or holidays. A copy of the capias will be returned to the defendant by the sheriff who will sign a receipt on the back thereof noting the date, time, and amount of cash bail received.

Bonds for sheriffs and deputies shall be in the sum of $20,000. The bonds of the sheriff and deputy sheriffs shall be approved by the Presiding Justice of the Superior Court for the County. Such bonds shall be presented to the Court for approval before the first Monday of December each year.

In a criminal case where a sentence of confinement is imposed, the Court will, when sentencing, make and report, along with the sentence, a finding as to the number of days, if any, that the defendant was confined in jail awaiting, and during, trial, prior to the imposition of sentence and not under any sentence of confinement, and that will be the number of days to be recorded in the mittimus by the Clerk and to be used by the jailer or warden in allowing the credit against the sentence imposed.

Prior to presentment of indictment in the transfer of juvenile cases, there should be a petition to the Superior Court for a decision as to whether or not the transfer case should be a criminal proceeding. After a juvenile has been certified and an indictment has been returned, the whole proceeding shall be treated thereafter the same as if it were a case of an adult.

In default cases involving the assessment of damages, a proper affidavit is acceptable as evidence in the assessment of damages.

Insurance adjusters who are not members of the New Hampshire Bar are not permitted to sign docket markings.

[Repealed.]

[Repealed.]

[Repealed.]

[Repealed.]

[Repealed.]

[Repealed.]

Probation reports will include disclosure of the financial status of the defendant.

Each probation report shall be kept in a sealed envelope which shall be resealed after use, and shall not be examined without permission of the Court, or as required by statute.

[Repealed.]

Under RSA 499:18-b, in cases where a litigant has been found qualified as an indigent by New Hampshire Legal Assistance, but referred to an outside attorney because of conflict of interest or other reason, all filing costs shall be waived by the Clerk of Court without the necessity of a Court order. In order for an attorney to secure such waiver, it will be sufficient if the pleadings are signed in the following manner:

                    For: NEW HAMPSHIRE LEGAL ASSISTANCE

                    By: _______________________________
                    Name of Private Attorney
                    Address