Bill Text - SB106 (2009)

(2nd New Title) establishing a program for mediation of civil writs in the district court and funding the program with a surcharge on the filing fee for civil writs.


Revision: July 21, 2009, midnight

CHAPTER 253

SB 106-FN – FINAL VERSION

06May2009… 1419h

03Jun2009… 1597h

2009 SESSION

09-0936

09/05

SENATE BILL 106-FN

AN ACT establishing a program for mediation of civil writs in the district court and funding the program with a surcharge on the filing fee for civil writs.

SPONSORS: Sen. Reynolds, Dist 2; Rep. Cote, Hills 23

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes a program for mediation of civil writs in the district court and funds the program with a surcharge on the filing fee for civil writs.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06May2009… 1419h

03Jun2009… 1597h

09-0936

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT establishing a program for mediation of civil writs in the district court and funding the program with a surcharge on the filing fee for civil writs.

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

253:1 Mediation and Arbitration Fund. Amend RSA 490-E:4, I(a) to read as follows:

(a) All moneys collected pursuant to RSA 490:27, II, RSA 490-D:12, III, [and] RSA 503:4, II, and RSA 502-A:28, III.

253:2 New Paragraphs; District Court Entry Fees. Amend RSA 502-A:28 by inserting after paragraph II the following new paragraphs:

III. The sum of $10 shall be added to each entry fee collected in the district courts for civil writs and shall be deposited in the mediation and arbitration fund established under RSA 490-E:4. Costs of the civil writ mediation program in the district courts shall be paid from this fund. The following shall apply to the civil writ mediation program in the district courts:

(a) Participation in the mediation session shall not be mandated by the court;

(b) Mediation reports and proceedings shall not be released to any judge or other officers of the court who may later decide or rule on the case without the written consent of all parties participating in the mediation; and

(c) Statements made during mediation sessions by the parties or their counsel shall not be considered competent or admissible evidence for any purpose during any subsequent proceedings in that case or any other civil or administrative proceeding.

253:3 Effective Date. This act shall take effect January 1, 2010.

Approved: July 16, 2009

Effective Date: January 1, 2010