[Reserved for Future Use]. (b) X-rays and hospital records (which are certified as being complete records) if otherwise admissible and competent may be introduced without calling the custodian or technician. No Attorney shall be compelled to testify in any Cause in which the Attorney is retained, unless the Attorney has been notified in writing, not less than thirty (30) days prior to the hearing that the Attorney will be summoned as a witness therein. (E) An applicant for permission to appear pro hac vice shall pay a non-refundable fee as set forth in Circuit Court-Probate Division Rule 169; provided that not more than one application fee may be required per Nonmember Attorney for consolidated or related matters regardless of how many applications are made in the consolidated or related proceedings by the Nonmember Attorney; and further provided that the requirement of an application fee may be waived to permit pro bono representation of an indigent client or clients, in the discretion of the court. ACCOUNTS - Failure to Object. Rule 45-A. After any such sale, the Fiduciary shall notify the Court of the net proceeds of the sale within thirty (30) days following receipt of such proceeds. 1. 168-C. (d) The petitioner shall cause notice of the filing to be provided to all parties to the gestational carrier agreement and shall certify on the petition that said notice has been provided. A guardianship necessitated by the provisions of RSA 464-A:42 may be filed any time after suit has been commenced in the Superior Court or District Court, and before settlement is approved by the Superior Court or District Court. The statement that the failure to appear personally or in writing will waive all rights to a hearing and that the Person's parental rights may be terminated at the hearing. No Petition, Motion, objection, or other Pleading, which is contained in a letter shall be accepted by the Register, as such, or acted on by the Court. However, an Answer is not the only acceptable written response to a Petition, other examples would be a Motion to dismiss or an objection. FORM OF PETITION AND ANSWER - Numbered Paragraphs. UNTIMELY-FILED GUARDIAN AD LITEM REPORTS. 3. Upon failure to comply with such order, the Court may take such action as justice may require. (2) The court shall schedule a hearing on the Petition and shall cause notice to be sent to all interested persons via first class U.S. mail. Any Party shall have the right to procure from opposing counsel an authorization to examine and obtain copies of hospital records and X-rays involved in litigation. Whenever transfer is made of the administration of a decedent's estate, a guardianship, a conservatorship, or other proceeding where a bond is pending in the transferring Court, the bond shall remain in effect unless or until specifically discharged by the receiving Court. The Fiduciary shall give notice of a private claim either by: CONTINUANCES - Unavailability of a Material Witness. Rule 11. Appearance (General): A written document filed by, or on behalf of a Party, pursuant to Rule 14, submitting to the jurisdiction of the Court. (d) Form and Scope of Injunction or Restraining Order. Petition: A written Pleading that initiates a proceeding. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical or mental examinations; and requests for admission. After a witness has been dismissed from the stand, the witness shall not be recalled by the same Party, without permission of the Court. APPEARANCES AND ANSWERS - Time to file. Whenever a will containing a charitable trust, charitable remainder trust, or charitable bequest is presented for probate, the Register shall send a copy of said will to the Director of Charitable Trusts within fourteen (14) days after the will is allowed. CONTINUANCES - Court Approval Necessary. (b) where a timely filed Motion has been filed after order, decree or dismissal, on the thirty-first day from the date on the Register's written notice of the Court's action on the Motion. PROCEDURE DURING TRIAL - Copies to Court. Petition for Writ of Trustee Process $ 40.00 All such Pleadings shall contain a statement of compliance. Notification shall not be required from a fiduciary to whom waiver of administration has been granted. An attested or certified copy of the adoptee's Certificate of Citizenship issued by the U.S. The clerk may waive the records research fee 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. For guardians and conservators, accounts shall list separately all receipts by source and all disbursements by payee. Beneficially Interested: As defined in RSA 550:12. Contents of Petition. SURETY OR BENEFICIARY AS APPRAISER OR COMMISSIONER. Rule 93. "A true copy attest, ____________________________________________ Printing from court kiosks and (7) the name and address of each court or agency and a full identification of each proceeding in which the applicant has filed an application to appear pro hac vice in this State within the preceding two years; the date of each application; and the outcome of the application. An Answer, to the effect that an allegation is neither admitted nor denied, will be deemed an admission. MOTIONS - Objections and Oral Argument. No Person who has assisted in the preparation of a case, shall act as an interpreter at the trial thereof, if objection is made, except in the discretion of the Court. The names and addresses of the following Persons: (c) any individual acting in loco parentis to the child; or. The Party failing to answer shall receive notice of the conditional default. PROCEDURE DURING TRIAL - Recall of Witness. An indirect criminal contempt shall be prosecuted on notice. Limited Appearance of Attorneys. At the structuring conference, the Court shall: 1. (administration required); Motion to Re-examine Will Petition Unless permitted by the Court, after cross-examination, a witness may not be re-examined by the Party calling the witness, except as may be necessary to explain answers on cross-examination, and except as to new matters elicited by cross-examination regarding which the witness has not previously been examined. 10. Rules 165-168. The answers shall be served, together with the original and one (1) copy of the interrogatories upon the propounding Party. A list of all depositions to be read into evidence. In the case of testacy, if there is no estate to be administered, a will may be filed and recorded without taking out administration, provided that a certified copy of a death certificate is filed with the Register. Except for good cause shown, only witnesses listed in the pretrial statement will be allowed to testify and only exhibits, so listed, will be received in evidence. A first accounting shall begin on the date of appointment and end on the last day of the calendar month next preceding the anniversary month of appointment, unless a shorter period is specified in such accounting, or unless otherwise modified upon appropriate Motion to the Court. If so, the applicant shall specify the nature of the allegations; the name of the authority bringing such proceedings; the caption of the proceedings, the date filed, and what findings were made and what action was taken in connection with those proceedings; (5) whether any formal, written disciplinary proceeding has ever been brought against the applicant by any disciplinary authority in any other jurisdiction within the last five years and, as to each such proceeding: the nature of the allegations; the name of the person or authority bringing such proceedings; the date the proceedings were initiated and finally concluded; the style of the proceedings; and the findings made and actions taken in connection with those proceedings; (6) whether the applicant has been formally held in contempt or otherwise sanctioned by any court in a written order in the last five years for disobedience to its rules or orders, and, if so: the nature of the allegations; the name of the court before which such proceedings were conducted; the date of the contempt order or sanction, the caption of the proceedings, and the substance of the court's rulings (a copy of the written order or transcript of the oral rulings shall be attached to the application); and. Fees and expenses of Fiduciaries and Attorneys shall be subject to the approval of the Court. Certification $ 10.00 plus copy fee Such notice, however, may be waived in writing by any responding Party, Persons Beneficially Interested, or Attorney. Publication, in accordance with Rule 128. FORM OF EQUITY PETITIONS - Structure. Rule 128. A factor which may be considered by the Court in determining whether good cause for withdrawal has been shown is the client's failure to meet his or her financial obligations to pay for the Attorney's services. An accounting other than a first account may be for a shorter period if it is appropriate because a specified event (such as death of a beneficiary or ward; closing the estate; or date specified in the applicable Court order or will) occurs, resulting in a change in the responsibilities or duties of the Fiduciary. The names, addresses, and dates of birth of the parents. All Courts shall accept form reproductions of approved forms. The names and addresses of the trial Attorneys. Continuances may be granted upon such terms as the Court may order. In cases where the action is in the name of a nominal Party and the Petition, Motion, Pleading, or docket discloses the real Party in interest, notice shall be given either to the real Party in interest or to the Attorney of record. Upon receipt of the Court's order the guardian shall arrange for the increase of the bond. Rule 85. A successor Fiduciary or co-Fiduciary may adjust the book value or cost of assets to reflect values at the start of the administration of, or subsequent receipt of assets by, the successor Fiduciary or co-Fiduciary, upon appropriate Motion to the Court. If the settlement contemplated at the time of the filing of the Petition for guardian, as reflected in the appended Superior or District Court Petition, proposed Petition and supplemental documentation, shall be in any manner changed prior to approval by the Superior or District Court, even if at the direction of that Court, the guardian shall immediately file a written notification with the Probate Court, with copies of the evised documentation appended. Only such materials as are essential and specifically cited and referenced in the Motion for summary judgment, responses, and supporting memoranda shall be filed with the Court. Appoint counsel for the Respondent(s)/parent(s), if necessary. Application to Appear Pro Hac Vice $ 350.00 a) Request that Proceedings be Recorded. Any denial of a request for recording shall include the reason(s) supporting the denial. F. Structuring Conference. Motions and other Pleadings may be signed by the Party, the Party's Attorney or the attorney's associate. 2. He or she shall make timely answer, however, to all questions to which he or she does not object. If the Fiduciary makes an allocation, such as the computation of a formula marital deduction gift, involving non-probate assets, it shall be explained in detail; provided, however, that the non-probate assets involved in such computation may be stated in summary form. If either Party neglects or refuses to appear or to render an account, or produce any books and papers or answer on oath proper interrogatories, the master or referee shall certify the fact to the Court, and the Court shall take such action as justice may require. All stipulations or agreements shall be typewritten and signed by the Parties and, if represented, by their Attorneys as well. to Prove Will (During Life of Testator) (no administration); Jurisdiction: All name change petitions shall be filed in the Circuit Court, pursuant to RSA 547:3-i or RSA 490-D:2, X. 2. 5. C. The attestation or certification of the copies deemed acceptable under the preceding sections shall be by a notary public commissioned under the laws of the jurisdiction where the act occurs and shall be substantially in the following form: You must answer each question separately and fully in writing and under oath. The Petitioner(s) and the individual to be adopted shall appear at the hearing on the adoption, unless the presence of either is excused by the Court for good cause shown. In cases of nuncupative wills or lost wills, the Register shall follow the general procedures relating to the probate of estates. All copied material $ .50/page If the Party, upon whom interrogatories have been served, shall fail to answer said interrogatories within thirty (30) days, or any enlarged period, unless written objection to the answering of said interrogatories is filed within that period, said failure shall result in a conditional default being entered by the Register upon Motion being filed indicating such failure to answer. Interrogatories and answers may be used at the trial to the same extent as depositions. 2. The court shall cause a certified copy of the will to be placed in the court's file prior to delivery to the petitioner or to the petitioner's attorney, and said copy shall become part of the court's official record of the proceeding. My Commission Expires:________________________ 4. Commentary: The third sentence of paragraph (1) derives from N.H. Dep't of Corrections v. Butland , 147 N.H. 676, 679 (2002), and is not intended to preclude a party from raising an issue on appeal under the plain error rule set forth in Supreme Court Rule 16-A. Any responsive pleading shall be filed with the court within 10 days of the filing of the petition. fee when accompanied by a Petition for termination); (e) Transcripts Required for Other Than Appeal. When a statute requires notice of the taking of depositions to be given to the adverse Party, it may be given to such Party or to the Party's Attorney of record. (c) Any person desiring to photograph, record or broadcast any court proceeding, or to bring equipment intended to be used for these purposes into a courtroom, shall submit a written request to the clerk of the court or his or her designee, who, in turn, shall deliver the request to the presiding justice before commencement of the proceeding, or, if the proceeding has already commenced, at the first reasonable opportunity during the proceeding, so the justice before commencement of the proceeding, or at an appropriate time during the proceeding, may give all interested parties a reasonable opportunity to be heard on the request. When a copy of an account is sent to a Party or a Beneficially Interested Person, failure to object within thirty (30) days after the date the account is filed in the Court, shall act as a waiver of the right to object to the account and the right to any further notice concerning any hearing on the account. Notice by publication. 4. Upon the entry of a decision on any uncontested Motion or other Pleading, the Register shall forthwith send a notice of decision to the Attorney for the moving Party or the moving Party, if not represented by counsel, and to the Attorney for the Fiduciary or the Fiduciary, if not represented by counsel. Notary Public (j) The exact location of all recording, photographing and broadcasting equipment within the courtroom shall be determined by the presiding justice. Rule 61-A. Before, or after, the commencement of the hearing of an application for a preliminary injunction, the Court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. 3. PRIVATE CLAIM BY OR AGAINST FIDUCIARY. Petition Required: To obtain a name change, a petition must be filed unless: 1. Address any other matters necessary to expedite the case and to make orders for that purpose. An appearance in person or through an Attorney and participation in the hearing shall be deemed a waiver of notice. (h) It is the responsibility of representatives of media organizations desiring to photograph, record or broadcast a court proceeding to contact the clerk of court in advance of a proceeding to ascertain if pool coverage will be required. The Petitioner shall include with a Motion for notice by publication an affidavit describing the Petitioner's efforts to locate and serve the absent parent. (1) identify each Person, including any Party, whom the Party expects to call as an expert witness at trial. Hearing: The petition may be ruled upon by the court without hearing unless the court determines a hearing is necessary. Gains and losses on disposition of property shall be netted and reported with receipts. Objections to evidentiary rulings are governed by N. H. R. Ev. Certificate of Judgment $ 10.00, Exemplification of Judgment $ 40.00. C. A Fiduciary account shall contain sufficient information to put parties interested in the account on notice as to all significant transactions affecting administration during the accounting period. If the copy is a report of an expert witness or a treating physician, it shall be the exact copy of the entire report or reports rendered by him or her, and the answering Party shall certify that the existence of other reports of that expert, either written or oral, are unknown to him or her and, if such become later known or available, he or she shall serve them promptly on the propounding Party but in any case not later than ten (10) days prior to pre-trial settlement conference. DEPOSITIONS AND INTERROGATORIES - Refusal to Answer. Rule 108-A. A Fiduciary account shall begin with a concise summary of its purpose and content. In accordance with RSA 547:11-f, as amended, the following procedures shall govern Motions for summary judgment in the Probate Court. A Withdrawal is not effective until the motion to withdraw is granted by the Court. Record information must be requested in writing and include the individual's full name and, if available, the individual's date of birth. A hearing on the Motion shall not be permitted except by order of the Court. 10. All accounts shall be rendered on a cash basis, except in extraordinary circumstances upon specific written order of the Court. The court may elect to make one public copy of an exhibit available in the clerks office. Fiduciary: The word fiduciary includes every Person appointed to act as an administrator, executor, guardian, conservator, or trustee. 3. In addition, the Appearance Form shall identify the Attorney's New Hampshire Bar identification number. Motions to strike interrogatories or to compel more specific answers thereto shall include a statement summarizing the nature of the action and shall have annexed thereto the text of the questions and answers, if any, objected to. No deposition, as transcribed, shall be changed or altered, but any alleged errors may be set forth in a separate document attached to the original and copies. Foreign Wills; Petition Estate Administration for estates with (3) A duty to supplement responses may be imposed by order of the Court, agreement of the Parties, or at any time prior to trial through new requests for supplementation of prior responses. The Motion must be granted by the transferring Court. copy fee); Motion Successor Guardian of Person A factor which may be considered by the Court in determining whether good cause for withdrawal has been shown is the client's failure to meet his or her financial obligations to pay for the Attorney's services. No real or personal property shall be sold for less than inventory value, unless otherwise ordered by the Court. A Petition for termination of parental rights shall include the following: 1. PROOF OF VALIDITY OF WILL/TRUST. In those cases in which specifications have been filed, the hearing shall be limited to the grounds specified. (f) At any hearing conducted pursuant to subsections (c) or (d) of this rule, the party or person seeking to prohibit or impose restrictions beyond the terms of this rule on the photographing, recording or broadcasting of a court proceeding that is open to the public shall bear the burden of demonstrating: (1) that the relief sought advances an overriding public interest that is likely to be prejudiced if the relief is not granted; (2) that the relief sought is no broader than necessary to protect that interest; and (3) that no reasonable less restrictive alternatives are available to protect the interest. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, legal holiday as specified in RSA 288, as amended, or other day the Court is not open, in which event the period shall extend until the end of the next day that is not a Saturday, Sunday, legal holiday as specified in RSA 288, as amended, or other day the Court is not open. The form of the notice in substance shall be as follows: These interrogatories are propounded in accordance with Probate Court Rule 36. Nevertheless, it is within the Court's discretion to allow requests and memoranda to be submitted to the Court at a later time. 4. Respondent: A Party who responds to a Petition. Administration $ 85.00, (j) Petition Change of Venue (includes authenticated Every Equity Petition shall contain the county, title of the Court, names, places of abode, and proper description of all Parties to the proceeding. Practitioners may produce form reproductions for use in the Courts that are either computer generated replicas or photocopies of forms furnished by the Registers. G. Pretrial Conference. All changes of either mailing address or actual street address shall be filed with the Register. The procedure for preparation of a transcript other than for appeal is governed by Supreme Court Rule 59(1). The Parties may extend such time by written agreement. The Party who signs and/or files the form reproduction shall be held accountable for its form and content. 6. Traffic Safety School Eligibility; Payment Information; Failure To Respond Or Appear; Traffic Safety School; Driver's License Sanctions; Suspended or Revoked License. The statement that a written Appearance must be filed with the Court on or before the date of the hearing, or the Respondent/parent may personally appear on the date of the hearing, or be defaulted. If additional copies of any document, or additional certificates are requested beyond those included in normal processing as indicated above, the Party or the Attorney for the Party requesting the additional copies shall pay the costs in advance as indicated under "Certificates & Copies. Liability may be enforced on Motion without the necessity of an independent action. The Petition may conclude "and thereupon the Petitioner prays," setting forth the special relief sought, "and for such other relief as may be just". Any alteration of bond requirements shall be at the Court's discretion. STRUCTURING CONFERENCES AND PRETRIAL PROCEDURES. All accounts shall be rendered for a specified period, with an indicated opening and closing date. In the absence of such agreement, the stenographer shall be designated by the Court. At this hearing, the Court shall: 1. Unless the Court orders otherwise, for purposes of RSA 170-B:27, II, any of the documents specified in section A above, except those bearing an IR-4 status, are acceptable documentation and satisfactory evidence to establish the validity of a foreign adoption. However, if a pretrial conference is held, it shall be held at a time, within the discretion of the Court, after the structuring conference and before the final hearing on the merits. Rule 72-A. An example of documentation for savings, checking, certificates of deposit, and/or any other accounts, may be a photocopy of the current statement that shows the balance and the complete account title and ownership information. TEMPORARY RESTRAINING ORDERS; PRELIMINARY INJUNCTIONS. Rule 129. Resolve any other matters which will simplify or aid the conduct of the final hearing on the merits. (A) All Petitions shall be signed by the Petitioner, except that Petitions requesting equitable relief may be signed by the Petitioner or the Petitioner's Attorney. MATTERS BEFORE MASTERS AND REFEREES - Non-compliance. The notice shall be given orally by the Judge in open court in the presence of the defendant or, on application of an Attorney for the State or of an Attorney appointed by the Court for that purpose, by an order to show cause or an order of arrest. 2. In the event a final hearing on the merits cannot be completed within the allotted time, it may be adjourned. This statement shall be signed and shall indicate in writing the persons understanding that making a false statement in the pleading may subject that person to criminal penalties. No Attorney shall be surety in any case pending before the Court. 7. If the Respondent/parent neither enters an Appearance nor appears personally, the final hearing on the merits shall be conducted in place of the scheduled initial hearing. Rule 72. If no approved form is specifically applicable, the Party shall then file a Petition or Motion in such form as complies with the Rules of this Court. If the defaulted Party fails to move to strike the conditional default within ten (10) days of receiving notice thereof, the adverse Party may move to have a default judgment entered and damages assessed in connection therewith. Upon Petition or Motion to both Courts and sufficient proof of inconvenience, change of residence of a principal Party to the proceeding, or other good cause shown, in the discretion of the transferring Court, venue may be changed subject to acceptance by the receiving Court. PROCEDURE DURING TRIAL - Examination of Witness. Issuance of Court Order. (including set-off, recoupment, cross-claims and third-party Rule 104. Where the child's parent is a minor, notice shall also be given to the minor's parents or guardian of the person unless the Court is satisfied, in its discretion, that such notice is not in the best interest of the minor and that it would serve no useful purpose. Dismissal of Cases Pending Without Action, Rules of the Circuit Court of the State of New Hampshire -- Probate Division. 2. SeeSupreme Court Rule 21(6). 1. (2) The petitioner shall certify that a copy of the petition and a copy of the attached will have been sent to all interested parties as defined in RSA 552:18, III. If the address is not current, another document must be filed showing petitioners current New Hampshire address to establish jurisdiction. The conditional default shall be vacated if the defaulted Party answers the interrogatories within ten (10) days of receiving notice thereof and moves to strike the conditional default. or Conservator (RSA 464-A) $ 195.00, (c) Petition Termination of Parental Rights; Petition Guardian Any Party desiring to obtain admission of the signature on or the genuineness of any relevant document or of any relevant facts which he or she believes not to be in dispute, may file a request therefor with the Register, accompanied by any original documents involved, and deliver a copy of such request and documents to the adverse Pro Se Party or Attorney. (1) At the time that a Petition is filed, the Petitioner shall certify that a copy of the Petition and a copy of the trust have been sent to all interested parties as defined in RSA 564-B;4-406 (d)(3) and (4). The recording will be provided on CD or audiotape for a fee of $25.00 per audiotape or CD. The court shall allow reasonable time prior to a proceeding for the set up of such equipment. Where an objection to an interrogatory has been withdrawn by agreement of counsel or has been overruled by the Court, the answer to such interrogatory will be served within ten (10) days thereafter. In any case in which a road or a way is alleged to be a "way" as defined in RSA 259:125 or a public highway, a Party shall notify the opposing Party or that Party's Attorney at least ten (10) days prior to trial if said "way" or public highway must be formally proved; otherwise, the need to formally prove said "way" or public highway will be deemed to be waived. PETITION - Notice by Publication. Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subdivision b(1) of this Rule and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: (a) (i) A Party may through interrogatories require any other Party to identify each Person, whom the other Party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. Unless the claim is fully liquidated and not subject to dispute as to amount or remedy, the Court shall have a hearing on damages. 3. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. Rule 70. A. The Appearance Form shall identify the Attorney, or Pro Se Party's name, address and telephone number, the matter in which the Person appears and the name and address of the Party or Parties for whom the Person appears. [Reserved for Future Use]. B. 2. Any witness whose testimony is presented by an Offer of Proof may be cross-examined by the opposing party, subject to the usual authority of the Court. A copy of childs birth certificate; and The order of notice provided for in RSA 170-C:7 shall be attached to a copy of the Petition and shall include the following: 1. A third Party against whom an action is brought in accordance with this Rule and a Petitioner against whom a counterclaim has been filed may, under the same circumstances prescribed by this Rule, use the same procedure with respect to another Person and the same time limitation shall apply, except that as to a Petitioner the sixty (60) days shall begin to run on the date the counterclaim is filed. Certified or registered mail, return receipt requested. No action shall be continued on such motion if the adverse party will agree that the affidavit shall be received and considered as evidence in like manner as if the witness were present and had testified to the facts therein stated, and such agreement shall be in writing at the foot of the affidavit and signed by the self-represented party or attorney. FEES AND EXPENSES - Fiduciary and Attorney. Rule 94. Pleadings and communications furnished in accordance with this rule shall be attached to the email in .PDF file format. In a sale, mortgage, or lease under license, the Fiduciary shall notify the Court of the net proceeds of the sale, mortgage, or lease within thirty (30) days following receipt of such proceeds. The propounder of a question answered by a statement that it is improper may, within twenty (20) days after service of the answers upon him or her, move to compel an answer to the question, and, if the Motion is granted, the question shall be answered within such time as the Court directs. In the absence of other express court order, rule, or statutory provision, if the Respondent, having been duly notified, shall neglect to enter an Appearance within seven (7) days after the Return Day or shall neglect to file and deliver to the Petitioner's Attorney an Answer within the time prescribed in the order of notice, the Petition shall be taken as pro confesso, and a decree entered accordingly. If the request is refused, the Person may move for a court order. Notice: Notice of a petition for change of name is not required except as set forth below: 1. No letter of appointment shall issue until the bond has been posted by the guardian and approved by the Probate Court. In addition to giving any parties in interest an opportunity to object, the purpose of the notice requirement is to allow the presiding justice to ensure that the photographing, recording or broadcasting will not be disruptive to the proceedings and will not be conducted in such a manner or using such equipment as to violate the provisions of this rule. (2) A Party is under a duty seasonably to amend a prior response if he or she obtains information upon the basis of which (a) he or she knows that the response was incorrect when made, or (b) he or she knows that the response, though correct when made, is no longer true. Find stories, updates and expert opinion. No license is required in the sale of real estate when all heirs or devisees consent or when the sale is directed by the will. 2. Financial Responsibility 04 Suspension; Financial Responsibility 05 Suspension; Judgment Suspension 06 (k) Unless otherwise ordered by the presiding justice, the following standing orders shall apply to all recording, photographing or broadcasting of proceedings within any courtroom: (1) No flash or other artificial lighting devices shall be used. Rule 79. Court Forms: (click on name of form and will appear as a .pdf) Pro Se Complaint and Summons; Sample Pro Se Complaint and Summons (English) Sample Pro Se Complaint and Summons (Spanish) Section 2-1401 Petition to Vacate; Sample Section 2-1401 Petition to Vacate ; Motion & Order for Special Process Server 2. If the petition seeks to change the name of a person who is incarcerated or who is on probation or parole, petitioner must have the sheriffs department serve a copy of the petition on the department of corrections. A Party, Petitioner or Respondent, anytime subsequent to, or contemporaneous with, the filing of an Answer to a Petition, may by Motion request that the Court place the contested matter on the trial calendar. Rule 58. WILLS - Filed without Administration. CONFIDENTIAL PROBATE PROCEEDING. The name of the county in which a Pleading is filed shall be written in the upper left margin of each Pleading; and the words "in said county" shall refer to the county in the margin, unless the contrary appears. 11. (including set-off, recoupment, cross-claims and third-party claims) $ 225.00, (b) Petition File and Record Authenticated Copy of Will, A judge Pro Tem is a temporary judge. The Party claiming costs shall file with the Register an itemized, verified bill of costs. No person shall photograph, record or broadcast any court proceeding without providing advance notice to the presiding justice that he or she intends to do so. (q) Pursuant to RSA 490:26-a, II, the sum of $25.00 shall be added to each civil filing fee set forth in subsections (a), (b), (c), (d), (e), (f), (h), (n), and (o) above. WebPolitics news in the Tampa Bay area and Tallahassee, including local, county and state laws, breaking news and community topics and issues, from the Tampa Bay Times. The Petition shall include the complete mailing and service addresses for the petitioner(s) and all respondents. Set the time and date of the final hearing on the merits and estimate its length. No such decree pro confesso shall be set aside, except by agreement, or by order of the Court upon such terms as justice may require. For good cause shown, any Petition or Appearance rejected for non-compliance with this rule may, upon Motion and compliance, be admitted for filing. It is the duty of the In-State Attorney to advise the client of the In-State Attorneys independent judgment on contemplated actions in the proceeding if that judgment differs from that of the Nonmember Attorney. USE OF VIDEOTAPE DEPOSITIONS - Procedure for Objections. If any problem arising as to the admissibility or inadmissibility of evidence, this should be handled in the same manner as written depositions. 9. (A) An attorney, who is not a member of the Bar of this State [(a Nonmember Attorney)], shall not be allowed to engage in the trial or hearing in any case, except on application to appear pro hac vice, which will not ordinarily be granted unless a member of the Bar of this State [(the In-State Attorney)] is associated with him or her and present at the trial or hearing. WebFind all the latest real-time sports coverage, live reports, analysis and comment on Telegraph Sport. Rule 172. The Court may assess reasonable costs, including reasonable counsel fees, against any Party or Attorney whose frivolous or unreasonable conduct makes necessary the filing of any Pleading or hearing thereon. (e) In the event that the court determines that a hearing on the petition is necessary, notice shall be provided to the parties in paragraph A by first class mail. (c) Unless manifest injustice would result, (i) the Court shall require that the Party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivisions b(3)(a) and b(3)(b) of this rule, and (ii) with respect to discovery obtained under subdivision b(3)(a)(ii) of this Rule, the Court may require, and with respect to discovery obtained under subdivision b(3)(b), the Court shall require the Party seeking discovery to pay the other Party a fair portion of the fees and expenses reasonably incurred by the latter Party in obtaining facts and opinions from the expert. (3) Upon filing of the petition, the court shall schedule a hearing within 30 days and shall cause notice of the hearing to be sent via first class U.S. mail to all interested parties listed on the petition as well as any other parties deemed by the court to be interested parties per RSA 552:18, V. (4) At the conclusion of the hearing, the court shall issue an order declaring the will to be valid or invalid and may include any findings of fact or conclusions of law that it deems appropriate or necessary. 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