Revision: Jan. 30, 2012, midnight
HB 1720-FN – AS INTRODUCED
2012 SESSION
09/03
HOUSE BILL 1720-FN
AN ACT relative to jury trials under the consumer protection act.
SPONSORS: Rep. Lambert, Hills 27; Rep. Chandler, Carr 1
This bill establishes a right to jury trial for claims brought under the consumer protection act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2602
09/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to jury trials under the consumer protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Consumer Protection Act; Private Actions; Jury Trial. Amend RSA 358-A:10 by inserting after paragraph II the following new paragraph:
III. In any action pending in the superior court pursuant to this section on or after the effective date of this paragraph, except those in which the amount in controversy does not exceed $1,500, the parties have a right to a trial by jury.
2 New Paragraph; Consumer Protection Act; Class Actions; Jury Trial. Amend RSA 358-A:10-a by inserting after paragraph X the following new paragraph:
XI. In any action pending in the superior court pursuant to this section on or after the effective date of this paragraph, except those in which the amount in controversy does not exceed $1,500, the parties have a right to a trial by jury. For the purposes of this section, the separate claims of the proposed members of the class may be aggregated to meet the minimum amount in controversy required.
3 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2602
11/29/11
HB 1720-FN - FISCAL NOTE
AN ACT relative to jury trials under the consumer protection act.
FISCAL IMPACT:
The Judicial Branch states this bill may increase state general fund expenditures by an indeterminable amount in FY 2013 and each year thereafter. There is no fiscal impact on county and local expenditures, or state, county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill will provide the right to a jury trial in consumer protection act cases. The Branch estimates there are 10 consumer protection cases filed each year in the Superior Court, however the Branch has no information to determine how many of those cases go to trial currently or on how many would opt for a jury trial based on this bill. The Branch states the average daily cost of a jury trial in the Superior Court in FY 2013 is $1,812.99. The daily jury trial cost is based on a seven and one-half hour day and costs related to a judge’s time, court monitor’s time, deputy clerk’s time, bailiff’s time, and jury costs, including jury mileage. Adding the cost of preliminary hearings, time to write a charge to the jury, and for clerical processing related to the jury would increase the cost of a jury trial to be in excess of $2,000 per day. Additional costs would be incurred if a decision is appealed.