Revision: Dec. 30, 2009, midnight
SB 356-FN – AS INTRODUCED
2010 SESSION
09/01
SENATE BILL 356-FN
This bill requires writs and processes in civil actions to be in the form provided in rules adopted by the supreme court. This portion of the bill takes effect if and when the supreme court certifies that new rules of civil procedure have been placed in effect.
This bill also repeals obsolete municipal court provisions.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2862
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to civil actions in the trial courts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 District Courts; Writs. RSA 502-A:24 is repealed and reenacted to read as follows:
502-A:24 Writs. Writs and processes in civil actions, issuing returnable to any district court, shall be in the form provided in rules adopted by the supreme court in accordance with the rule-making procedures of supreme court rule 51.
2 District Courts; Return Day. RSA 502-A:26 is repealed and reenacted to read as follows:
502-A:26 Return Day. In civil actions to recover damages, the return day shall be as established in rules adopted by the supreme court in accordance with the rule-making procedures of supreme court rule 51.
3 Writs and Their Endorsement; Form. RSA 509:2 is repealed and reenacted to read as follows:
509:2 Form. Writs and processes in civil actions, issuing returnable to any court, shall be in the form provided in rules adopted by the supreme court in accordance with the rule-making procedures of supreme court rule 51; provided, however, executions in civil actions and all criminal processes shall be signed by the clerk.
4 Writs and Their Endorsement; Justices’ Writs. Amend RSA 509:11 to read as follows:
509:11 Justices’ Writs. Writs issued by justices of [municipal and] district courts shall be under seal and directed to the sheriff of any county or his or her deputy or to any constable of any town in the county, or to either of said officers; provided, however, that writs of attachment shall be directed to the sheriff of any county, or to any such constable, or to the plaintiff, his or her attorney or any other person.
5 Repeal. The following are repealed:
I. RSA 509:12, relative to form and return of writs issued by justices of municipal courts.
II. RSA 509:13, relative to municipal courts; attachment; execution.
6 Conditionally Effective. Sections 1 through 3 of this act shall take effect only if and when the supreme court certifies to the secretary of state and the director of the office of legislative services that new rules of civil procedure have been placed in effect.
7 Effective Date.
I. Sections 1-3 of this act shall take effect as provided in section 6 of this act.
II. The remainder of this act shall take effect upon its passage.
LBAO
10-2862
12/28/09
SB 356-FN - FISCAL NOTE
AN ACT relative to civil actions in the trial courts.
FISCAL IMPACT:
The Judicial Branch states this bill may decrease state general fund expenditures by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Judicial Branch states this bill will amend several RSA sections to provide that writs and processes in civil actions are to be in the form provided in rules adopted by the Supreme Court. The Branch states these changes may result in cost savings related to the clerical function due to more streamlined, uniform and comprehensive system of civil procedure. The cost savings are not able to be determined at this time. There will also be increased costs associated with educating staff, lawyers, and pro se litigants in the new system and in programming changes needed to accommodate the new system. It is expected the Branch will be able to absorb any increased costs. The Branch states this bill should have no fiscal impact on the judicial related costs since hearings and trials should not be affected. The Branch anticipates the new system will be in effect for calendar year 2011.