Title LI, Courts

The general court hereby organizes, constitutes, and establishes the New Hampshire circuit court. The goals of the circuit court are the respectful treatment of all individuals, the prompt and fair resolution of all issues within its jurisdiction, the use of alternative dispute r…

I. The general court recognizes the critical need in this state for the criminal justice system to identify effective sentencing options when an offender has committed a crime that is a result of or related to mental illness. All offenders must be held accountable for their actio…

I. The legislature recognizes that a critical need exists in this state for the criminal justice system to reduce the incidence of substance abuse and the crimes resulting from it. For the criminal justice system to maintain credibility, all drug offenders must be held accountabl…

A judicial training coordinator position shall be created on or before July 1, 2025, to work under the direction of the chief justice of the supreme court. The judicial training coordinator shall develop high quality judicial branch training and continuing education programs and …

This chapter may be cited as the New Hampshire collaborative law act.

The general court hereby organizes, constitutes, and establishes the judicial branch family division. The goals of the family division are the respectful treatment of all citizens by justices, marital masters, and other family division staff, the prompt and fair resolution of fam…

During the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to a collaborative matter without formal discovery. A party also shall update promptly previously disclosed information t…

A circuit court judge designated to be full-time under RSA 490-F:7, IV shall not be permitted to engage in the practice of law to any degree. Full-time judges shall receive the salary specified in RSA 491-A:1.

This chapter does not affect: I. The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or II. The obligation of a person to report abuse or neglect, abandonment, or exploitation of an adult or child under New Hampshire la…

For the purpose of calculating the biennial budget request and judicial salaries as well as the number of judicial positions required in the circuit court, the supreme court shall establish and revise as needed a weighted case value, relating the judicial time required for each t…

The salary of judges who were part-time judges in the district and probate courts shall be calculated each year based on the weighted caseload of the former jurisdiction less any weighted values for case types that are no longer within the jurisdiction of the circuit court or jud…

Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: I. Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective par…

I. [Repealed.] II. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the applicable circuit court established in RSA 490-F for the benefit of the state. The clerk shall set aside 6 percent of each entry fee paid into the court for deposit i…

I. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. II. Throughout the c…

The administrative judge of the circuit court shall appoint a clerk with responsibility for each circuit court site. In the interest of the effective administration of justice, any such clerk may have responsibility for one or more circuit court locations. Circuit court clerks sh…

During the implementation of the judicial branch family division, references in statutes involving the jurisdiction of the division to the superior, district, or probate courts shall be deemed to include the judicial branch family division. Following the full implementation of th…

A collaborative law communication is confidential except as agreed by the parties in a signed document, or under the circumstances set forth in RSA 490-J:15, IV.

The administrative judge of the circuit court shall identify a mechanism by which to assign and transfer existing staff in the probate and district courts and in the judicial branch family division to operate the circuit court. The number of circuit court staff shall be based upo…

If upon the hearing of any appeal, reserved case or bill of exceptions, it clearly appears that the appeal, reserved case or bill of exceptions is frivolous, immaterial or intended for delay, then the court, upon motion of a party or its own motion, may award against the moving p…

I. Except as set forth in this section, a collaborative law communication is privileged, is not subject to discovery, and is not admissible into evidence. Accordingly, a party or a party's lawyer or a neutral participant may refuse to disclose, and may prevent any other person fr…

The circuit court, with the consent of the parties shall, and without the consent of the parties may, commit to one or more referees any cause at law or in equity, or the determination of any question of fact pending in the court wherein the parties are not, as matter of right, e…

Alternative dispute resolution shall be utilized in the circuit court when practicable to reduce the adversarial nature of proceedings.

Notwithstanding a failure to comply with RSA 490-J:4, RSA 490-J:12, or RSA 490-J:13, a court may enforce an agreement, apply the disqualification provisions of RSA 490-J:9, or apply a privilege under RSA 490-J:15 when the court concludes that the parties intended to enter into a …

All provisions of law, not inconsistent herewith, relating to procedure in civil or criminal matters and practice in the former probate and district courts and the former judicial branch family division shall remain in full force and apply to the circuit courts hereby established…

The justices shall be entitled to receive their actual personal expenses when absent from the court in the performance of their official duties. A justice who resides more than 50 miles from the court may be reimbursed for money paid for office rent. The justices shall not be rei…

During the implementation of the circuit court, references in statutes involving the jurisdiction of the circuit court to the probate or district courts or to the judicial branch family division shall be deemed to include the circuit court. Following the full implementation of th…

The administrative office of the courts is authorized to establish revolving funds for the purposes of the printing and sale of forms, publications and educational materials; and such funds shall not lapse.

The court shall appoint a clerk, who shall be removable at pleasure. He shall perform all the duties herein specifically required of him and such other duties as usually appertain to that office. His salary shall be in full compensation for the performance of all duties as clerk,…

On the effective date of this chapter, the New Hampshire circuit court shall be operational based upon a plan of implementation developed by the administrative judge of the circuit court in consultation with and approved by the supreme court.

The circuit court shall be a court of record with statewide jurisdiction. Each circuit court location shall have the authority to hear all cases within the subject matter jurisdiction of the circuit court. Subject to part 1, article 17 of the New Hampshire constitution, nothing i…

I. Any superior or circuit court may establish one or more mental health courts under which the courts monitor offenders with mental illnesses for compliance with individual services to change behavior which would otherwise result in criminal conduct. In this chapter "mental heal…

In this chapter: I. "Guidelines" means, if available, research-based, specific, practitioner-focused veterans court guidance published by the U.S. Department of Veterans Affairs, Substance Abuse and Mental Health Services Administration, National Association of Drug Court Profess…

In this chapter: I. "Collaborative law communication" means a statement, whether oral or in a document, that: (a) Is made as part of a collaborative law process; (b) Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process…

I. The board shall consist of the following members: (a) One member representing the New Hampshire supreme court, appointed by the chief justice of the New Hampshire supreme court. (b) One member of the senate, appointed by the president of the senate. (c) One member of the house…

In this chapter: I. "Costs" means any expenses directly attributable to the court, including, but not limited to, maintenance of the facility, heat, light, and insurance. II. "Facility" means any area used for the operation of a court.

I. (a) Each superior or circuit court may establish one or more drug courts under which drug offenders may be processed to address appropriately an identified substance abuse problem. "Drug court" means a judicial intervention process that incorporates and substantially complies …

The chief justice of the supreme court, with the advice and consent of the chief justice of the superior court in respect to all matters affecting the superior court, shall be responsible for supervising the efficient operation of all courts in New Hampshire. In meeting this resp…

Notwithstanding any law to the contrary and except for the limited need to allow an existing case to proceed with the same judge who had presided over it before the implementation of the judicial branch family division, following implementation of the division at a division site …

The office of mediation and arbitration shall: I. Guide the development of alternative dispute resolution programs; II. Promote alternative dispute resolution solutions; III. Serve as an alternative dispute resolution resource to courts; IV. Support the administration of alternat…

Any person who holds the position of judge in this state, and all nonjudicial employees of the judicial branch with a hire date on or after July 1, 2025, shall complete an orientation and training program within 3 months of hire, as directed by the chief justice of the supreme co…

The court may appoint a messenger, who shall perform such duties with reference to the courtroom and apartments occupied by the justices as they may prescribe, and who shall receive such compensation as the court shall certify to be just and reasonable.

I. For the benefit of the state, there shall be paid to the clerk for the entry of every reserved case, bill of exceptions, petition, appeal, or other action, for the filing of every motion or other document supplementary to the entered case, and for any service rendered by the c…

The supreme court shall provide a law library, which shall consist of the books and related materials, equipment, and furniture now in the law library at the supreme court building, with such additions as may be made thereto, for the use of the supreme court and other members of …

The supreme court shall control all space, facilities, and equipment in the supreme court building and shall employ sufficient numbers of persons to provide custodial services and general maintenance supervision for the building. The commissioner of administrative services shall …

I. The supreme court shall establish by rule an equitable fee schedule for all courts in the state. II. The supreme court may establish by rule an equitable fee of not less than $25 to be added to a fine whenever a court extends the time for the payment of the fine. An equitable …