HB136 (2017) Detail

Clarifying the equity jurisdiction of the judicial branch family division.


HB 136 - AS INTRODUCED

 

 

2017 SESSION

17-0092

09/06

 

HOUSE BILL 136

 

AN ACT clarifying the equity jurisdiction of the judicial branch family division.

 

SPONSORS: Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23; Rep. Spillane, Rock. 2; Rep. Burt, Hills. 39; Rep. Baldasaro, Rock. 5; Sen. Daniels, Dist 11; Sen. Reagan, Dist 17

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill clarifies the equity jurisdiction of the judicial branch family division.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0092

09/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT clarifying the equity jurisdiction of the judicial branch family division.

 

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

 

1  Judicial Branch Family Division; Equity Jurisdiction.  Amend RSA 490-D:3 to read as follows:

490-D:3  Equity Jurisdiction.  [Notwithstanding any law to the contrary,] The judicial branch family division shall have the powers of a court of equity in cases where subject matter jurisdiction lies with the judicial branch family division and where no other special provision has been made by law.  Suits in equity where subject matter jurisdiction lies with the judicial branch family division including, but not limited to, petitions for divorce, nullity of marriage, alimony, custody of children, support, and other similar proceedings may be heard upon oral testimony or depositions, or both, or when both parties consent, or service having been made and a notice of the time and place of the hearing having been given, when both parties appear.  Such suits may be heard by any justice of the judicial branch family division at any time, but nothing contained in this section shall be construed as limiting the power of the judicial branch family division to have issues of fact framed and tried by a jury, according to the rules in equity, or the course of such proceedings at common law.

2  Effective Date.  This act shall take effect January 1, 2018.

Links

HB136 at GenCourtMobile

Action Dates

Date Body Type
Jan. 18, 2017 House Hearing
Feb. 7, 2017 House Exec Session
Feb. 14, 2017 House Exec Session
March 8, 2017 House Floor Vote
April 25, 2017 Senate Hearing
May 11, 2017 Senate Floor Vote

Bill Text Revisions

HB136 Revision: 389 Date: Jan. 30, 2017, 3:27 p.m.

Docket

Date Status
Jan. 4, 2017 Introduced 01/04/2017 and referred to Judiciary HJ 2 P. 18
Jan. 18, 2017 Public Hearing: 01/18/2017 01:30 PM LOB 208
Feb. 7, 2017 ==RECESSED== Executive Session: 02/07/2017 10:00 AM LOB 208
Feb. 14, 2017 ==CONTINUED== Executive Session: 02/14/2017 01:00 PM LOB 208
March 8, 2017 Majority Committee Report: Ought to Pass for 03/08/2017 (Vote 9-6; RC)
Minority Committee Report: Inexpedient to Legislate
March 9, 2017 Ought to Pass: MA DV 192-161 03/09/2017 HJ 10 P. 16
March 9, 2017 Introduced 03/09/2017 and Referred to Judiciary; SJ 9
April 25, 2017 Hearing: 04/25/2017, Room 100, SH, 10:10 am; SC 19
May 11, 2017 Committee Report: Inexpedient to Legislate, 05/11/2017; Vote 5-0; CC; SC 22
May 11, 2017 Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/11/2017; SJ 16