CHAPTER 117
SB 108 – FINAL VERSION
2007 SESSION
09/01
SENATE BILL 108
This bill makes technical corrections to the probate laws.
This bill was requested by the supreme court.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-1212
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT making technical corrections to the probate laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
117:1 Guardianship of Minors; Conduct of Hearing. Amend RSA 463:8, VIII to read as follows:
VIII. If a parent objects to the appointment or continuation of a guardianship, the court shall issue written findings concerning the petitioner's compliance with the relevant burden of proof under paragraph [V] III.
117:2 Release of Attachments on Real Estate; Petition; Bond. Amend RSA 511:48 to read as follows:
511:48 Petition; Bond. A defendant whose interest in real estate is attached on mesne process may apply by a petition in writing to the [superior] court having jurisdiction over the underlying matter to have the attachment released, and upon reasonable notice to all parties interested, or their attorneys, and hearing, the court may order the petitioner to give bond to the plaintiff, with sufficient sureties, conditioned to pay the judgment which may be recovered by the plaintiff, with his costs on such petition, within 60 days after judgment.
117:3 Attendance of Witnesses; Issue of Summons by Justices. Amend RSA 516:3 to read as follows:
516:3 Issue of Summons by Justices or Judges. Any justice or judge may issue such writs for witnesses, in cases pending before himself or herself or any other justice or judge, in any case in any court, in all matters before the general court, or before auditors, referees, arbitrators or commissioners.
117:4 Probate Court Jurisdiction; Attachments; Executions; and Levies. Amend RSA 547:3-j to read as follows:
547:3-j Attachments, Executions, and Levies. The probate court may issue, modify, vacate, release, or dissolve attachments and levies of execution on personal property and real estate in affording redress for causes within its jurisdiction in the same manner as the superior court may under RSA 511, RSA 511-A, RSA 512, RSA 528, and RSA 529 for causes within its jurisdiction.
117:5 Effective Date. This act shall take effect upon its passage.
Approved: June 11, 2007
Effective: June 11, 2007