CHAPTER 302

SB 52 – FINAL VERSION

03/11/09 0551s

06May2009… 1313h

06/24/09 2184CofC

06/24/09 2362eba

2009 SESSION

09-0933

09/01

SENATE BILL 52

AN ACT making technical corrections to laws relative to courts and court procedures.

SPONSORS: Sen. Reynolds, Dist 2; Rep. Cote, Hills 23

COMMITTEE: Judiciary

ANALYSIS

This bill makes technical corrections to laws relative to courts and court procedures.

This bill was requested by the supreme court.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/09 0551s

06May2009… 1313h

06/24/09 2184CofC

06/24/09 2362eba

09-0933

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT making technical corrections to laws relative to courts and court procedures.

Be it Enacted by the Senate and House of Representatives in General Court convened:

302:1 Delinquent Children; Petition. Amend RSA 169-B:6, I to read as follows:

I. Any person may file a petition, alleging the delinquency of a minor, with a judge or clerk of the court in the judicial district in which the minor is found or resides or where the offense is alleged to have occurred. The petition shall be in writing and verified under oath. The following notice shall be printed on the front of the petition in bold [red ink] in no smaller than 14 point font size: “See back for important information and financial obligations.’’ The back of the petition shall include a notice of liability for parents and other individuals chargeable by law for the child’s support and necessities.

302:2 Children In Need of Services; Petition. Amend RSA 169-D:5, I to read as follows:

I. A petition alleging a child is in need of services may be filed by a parent, legal guardian or custodian, school official, or law enforcement officer with a judge or clerk of the court in the judicial district in which the child is found or resides. The petition shall be in writing and verified under oath. The following notice shall be printed on the front of the petition in bold [red ink] in no smaller than 14 point font size: “See back for important information and financial obligations.”[;] The back of the petition shall include a notice of liability for parents and other individuals chargeable by law for the child’s support and necessities.

302:3 Judicial Branch Family Division; Entry Fees. Amend RSA 490-D:12, II to read as follows:

II. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the judicial branch family division for the benefit of the state. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.

302:4 Superior Court; Entry Fees. Amend RSA 499:18, II to read as follows:

II. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.

302:5 District Court Entry Fees. Amend RSA 502-A:28, II to read as follows:

II. The clerk shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.

302:6 Probate Court Entry Fees. Amend RSA 548:23-a, II to read as follows:

II. The register shall set aside 7 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.

302:7 District Court; Judicial Districts. Amend RSA 502-A:1, XXVI to read as follows:

XXVI. JAFFREY-PETERBOROUGH DISTRICT. The Jaffrey-Peterborough district shall consist of the towns of Jaffrey, Dublin, Fitzwilliam, [Troy,] and Rindge in Cheshire county and the towns of Peterborough, Hancock, Greenville, Greenfield, New Ipswich, Temple, and Sharon in Hillsborough county. The district court for the district shall be located in Jaffrey or Peterborough, holding sessions regularly therein and elsewhere in the district as justice may require. The name of the court shall be Jaffrey-Peterborough District Court.

302:8 Litigation of Small Claims; Notice to Defendant. Amend RSA 503:6, I to read as follows:

I. The court shall cause notice of the claim and the substance thereof to be given to the defendant, whether or not the defendant is a resident of this state, by sending a written statement to the defendant by postpaid first class mail, addressed to the defendant at the defendant’s last known post office address and directing the defendant to indicate, in writing within 30 days from the date said notice is mailed, the defendant’s desire to be heard. The notice shall inform the defendant that failure to respond in writing shall result in the service of the claim on the defendant by the sheriff, or in such other manner as the court shall order, the cost of which shall be the responsibility of the defendant if the plaintiff prevails. If a small claim action includes a petition for prejudgment attachment, the claim shall be served on the defendant as in all other actions at law.

302:9 New Paragraph; Litigation of Small Claims. Amend RSA 503:6 by inserting after paragraph III the following new paragraph:

IV. If a small claim action includes a petition for prejudgment attachment and the defendant objects to the making of the attachment, the court shall set a hearing on such objection within 14 days of the receipt of such objection in accordance with RSA 511-A:3.

302:10 Prejudgment Attachment Procedure; Court Rules and Regulations. Amend RSA 511-A:10 to read as follows:

511-A:10 Court Rules and Regulations. The [superior] supreme court may adopt forms and enact rules and regulations, including, but not limited to, administrative provisions which will facilitate the implementation of this chapter. [Upon adoption, such rules, regulations and forms shall apply to all courts of the state.]

302:11 Child Custody and Support Seminars; Costs. Amend RSA 458-D:7, 1 to read as follows:

I. Persons attending the seminar shall pay a seminar fee to the presenter. Fees charged by the presenter shall be fair and reasonable as directed by the administrative judge of the judicial branch family division and may be paid to the court by credit card in lieu of cash payment provided that the presenter agrees to accept, in full payment of the seminar fee, the fee less credit card transaction costs incurred by the court.

302:12 Effective Date.

I. Sections 8 and 9 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect upon its passage.

Approved: July 31, 2009

Effective Date: I. Sections 8 and 9 shall take effect September 29, 2009.

II. Remainder shall take effect July 31, 2009.