CHAPTER 192
SB 437 – FINAL VERSION
28Apr2010… 1495h
2010 SESSION
09/01
SENATE BILL 437
AN ACT relative to the authority of district court justices to issue emergency orders in any district court.
SPONSORS: Sen. Reynolds, Dist 2; Sen. Lasky, Dist 13; Sen. Houde, Dist 5; Sen. Roberge, Dist 9; Rep. Cote, Hills 23
This bill authorizes district court justices to issue emergency orders in any matter in any district court.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
28Apr2010… 1495h
10-2863
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the authority of district court justices to issue emergency orders in any district court.
Be it Enacted by the Senate and House of Representatives in General Court convened:
192:1 District Courts; Powers of Other Justices. Amend RSA 502-A:5 to read as follows:
502-A:5 Powers of Other Justices.
I. If the justice and special justice of a district court are disqualified, disabled, otherwise unable to sit, or in need of assistance, a disinterested justice or special justice from another district court, attending upon assignment of the administrative judge of the district [and municipal] court or upon written request of the justice, may hear and determine all cases brought before that justice and issue final process therein, and he or she shall keep a record thereof, which shall be kept with and constitute a part of the records of said court, all of which shall have like effects as if it were heard and determined by the justice of said court.
II. Notwithstanding the requirement in paragraph I for assignment by the administrative judge of the district court, any district court justice may issue an emergency order of relief in any matter in any district court without prior assignment by the administrative judge. An emergency order of relief is any order authorized by statute to be considered or issued on an ex parte basis.
192:2 Effective Date. This act shall take effect upon its passage.
Approved: June 21, 2010
Effective Date: June 21, 2010