HB 421 – AS INTRODUCED
2007 SESSION
09/04
HOUSE BILL 421
AN ACT relative to the right to a jury trial.
SPONSORS: Rep. Itse, Rock 9; Rep. Sorg, Graf 3
This bill clarifies the right to a jury trial in all suits between 2 or more parties, except as limited by part 1, article 20 of the New Hampshire constitution and except for such matters for which another practice was customary at the time the New Hampshire constitution was adopted in 1784.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0191
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the right to a jury trial.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The New Hampshire supreme court has found that contrary to a simple reading of the New Hampshire constitution, there is only a right to trial by jury if that was the case at the time the constitution was adopted. The general court finds the simple reading to be correct; that there is a right to trial by jury, except as limited by part 1, article 20, unless there was another practice at the time the constitution was adopted.
2 Right to Jury Trial. Amend RSA 502-A:15, I to read as follows:
I. In [cases in which the damages claimed exceed $1,500 or the title to real estate is involved] all cases involving property and in all suits between 2 or more persons, except as limited by part 1, article 20 of the New Hampshire constitution and except those suits concerning matters for which another practice was customary at the time the New Hampshire constitution was adopted in 1784, if the defendant, upon the entry of any action for damages under RSA 502-A:14, II or II-a, within 7 days of the return date of the action or within such additional time as the district court for good cause may allow, files a written request for trial by jury, the cause shall be at once transferred to the superior court or to the regional jury trial district court, as provided in paragraph II, for the county or judicial region in which the court is located, to be heard and tried as if originally entered in the transferee court. The original entry fee and cost of transferring the action shall be paid by the moving party but shall be recoverable as costs if the moving party prevails in the action. If, after transfer for trial by jury, the moving party waives the right to jury trial, the cause shall at once be remanded to the district court of original jurisdiction.
3 Effective Date. This act shall take effect 60 days after its passage.