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1 New Paragraph; Annulment, Divorce, and Separation; Temporary Relief and Permanent Restraining Orders; Harassment Prohibited. Amend RSA 458:16 by inserting after paragraph III the following new paragraph:
IV. No party to a case controlled by this section shall engage in excessive or harassing legal filing against another party. If, upon the consideration by the court of any such filing controlled by this section, it clearly appears to the court that the action or any defense is frivolous or intended to harass or intimidate the prevailing party, then the court, upon motion of the prevailing party or on its own motion, may award the amount of costs and attorneys' fees incurred by the prevailing party plus $1,000 to be paid to the prevailing party, provided such costs and fees are reasonable. The trial judge shall also report such conduct to the supreme court committee on professional conduct.
2 New Paragraph; Parental Rights and Responsibilities; Procedure and Jurisdiction; Harassment Prohibited. Amend RSA 461-A:3 by inserting after paragraph III the following new paragraph:
IV. No party to a case controlled by this chapter shall engage in excessive or harassing legal filing against another party. If, upon the consideration by the court of any such filing controlled by this section, it clearly appears to the court that the action or any defense is frivolous or intended to harass or intimidate the prevailing party, then the court, upon motion of the prevailing party or on its own motion, may award the amount of costs and attorneys' fees incurred by the prevailing party plus $1,000 to be paid to the prevailing party, provided such costs and fees are reasonable. The trial judge shall also report such conduct to the supreme court committee on professional conduct.
3 Effective Date. This act shall take effect January 1, 2023.
Text to be added highlighted in green.
1 New Paragraph; Annulment, Divorce, and Separation; Temporary Relief and Permanent Restraining Orders; Harassment Prohibited. Amend RSA 458:16 by inserting after paragraph III the following new paragraph:
IV. No party to a case controlled by this section shall engage in excessive or harassing legal filing against another party. If, upon the consideration by the court of any such filing controlled by this section, it clearly appears to the court that the action or any defense is frivolous or intended to harass or intimidate the prevailing party, then the court, upon motion of the prevailing party or on its own motion, may award the amount of costs and attorneys' fees incurred by the prevailing party plus $1,000 to be paid to the prevailing party, provided such costs and fees are reasonable. The trial judge shall also report such conduct to the supreme court committee on professional conduct.
2 New Paragraph; Parental Rights and Responsibilities; Procedure and Jurisdiction; Harassment Prohibited. Amend RSA 461-A:3 by inserting after paragraph III the following new paragraph:
IV. No party to a case controlled by this chapter shall engage in excessive or harassing legal filing against another party. If, upon the consideration by the court of any such filing controlled by this section, it clearly appears to the court that the action or any defense is frivolous or intended to harass or intimidate the prevailing party, then the court, upon motion of the prevailing party or on its own motion, may award the amount of costs and attorneys' fees incurred by the prevailing party plus $1,000 to be paid to the prevailing party, provided such costs and fees are reasonable. The trial judge shall also report such conduct to the supreme court committee on professional conduct.
3 Effective Date. This act shall take effect January 1, 2023.