SB63 (2005) Detail

Establishing a court mediation fund to pay the costs of a mediation program in the district courts.


CHPATER 193

SB 63-FN-A – FINAL VERSION

2005 SESSION

05-1008

09/01

SENATE BILL 63-FN-A

AN ACT establishing a court mediation fund to pay the costs of a mediation program in the district courts.

SPONSORS: Sen. Foster, Dist 13; Rep. Dokmo, Hills 6

COMMITTEE: Ways and Means

ANALYSIS

This bill establishes a court mediation fund to pay the costs of a mediation program in the district courts. The court mediation fund shall be funded by a $5 surcharge on each entry fee collected by the district courts for small claims actions.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-1008

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT establishing a court mediation fund to pay the costs of a mediation program in the district courts.

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

193:1 New Subparagraph; Special Fund; Court Mediation Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (234) the following new subparagraph:

(235) Moneys received under RSA 503:4, II, which shall be deposited in the court mediation fund.

193:2 Litigation of Small Claims; Disposition of Fees; Court Mediation Fund. Amend RSA 503:4 to read as follows:

503:4 Disposition of Fees.

I. The clerk shall receive the entry fee for the use of the state and shall pay the postage for mailing the statement to the defendant required in RSA 503:6.

II.(a) There is established in the office of the state treasurer a separate fund to be known as the court mediation fund. The sum of $5 shall be added to each entry fee collected in the district courts for small claims actions and shall be deposited in the court mediation fund. Costs of the mediation program in the district courts shall be paid from this fund, provided, that:

(1) Participation in the mediation sessions is not mandated by the court; and

(2) Mediation reports shall not be released to any judge or other officer of the court who may later decide or rule on the case without the written consent of all parties participating in the mediation.

(b) Moneys in the fund shall be nonlapsing and continually appropriated to the court and used to pay costs of the mediation program in the district courts.

193:3 Effective Date. This act shall take effect July 1, 2005.

(Approved: June 30, 2005)

(Effective Date: July 1, 2005)