Text to be removed highlighted in red.
1 New Section; Recording and Broadcasting Proceedings. Amend RSA 490-D by inserting after section 490-D:15 the following new section:
490-D:16 Recording and Broadcasting Family Division Proceedings.
I.(a) All family division proceedings shall be audio and video recorded by the family division. The recording shall include audio and video of all courtroom proceedings.
(b) Recordings made under this section shall not be considered the official transcript of the proceedings. Only transcriptions prepared by a designated transcriber authorized under supreme court order or rule shall be the official record.
II. Nothing in this section precludes any person or media outlet from recording a family division proceeding according to existing court administrative rules or orders.
III. The family division shall broadcast live any family division proceeding that is not deemed confidential or closed to the public by statute, court rule, or order, if requested to do so by the plaintiff, defendant, or named representative for either.
(a) The presiding judge shall grant the request unless the opposing party or named representative shows by a preponderance of the evidence that the broadcast is more likely than not to cause specific irreparable harm to a party or witness. Upon such showing, the judge shall not broadcast only the portion or portions of the proceeding that create the harm to that party or witness. The judge shall state the basis for his or her findings on the record prior to the proceeding.
(b) The link to the live broadcast shall be available to the public through the clerk's office at the location where the proceeding takes place.
IV. Copies of video and audio recordings shall be made available by the court clerk's office to the same extent as any information in a court file. The court shall not unreasonably restrict the ability to obtain copies of video and audio recorded proceedings.
2 Effective Date. This act shall take effect January 1, 2026.
Text to be added highlighted in green.
1 New Section; Recording and Broadcasting Proceedings. Amend RSA 490-D by inserting after section 490-D:15 the following new section:
490-D:16 Recording and Broadcasting Family Division Proceedings.
I.(a) All family division proceedings shall be audio and video recorded by the family division. The recording shall include audio and video of all courtroom proceedings.
(b) Recordings made under this section shall not be considered the official transcript of the proceedings. Only transcriptions prepared by a designated transcriber authorized under supreme court order or rule shall be the official record.
II. Nothing in this section precludes any person or media outlet from recording a family division proceeding according to existing court administrative rules or orders.
III. The family division shall broadcast live any family division proceeding that is not deemed confidential or closed to the public by statute, court rule, or order, if requested to do so by the plaintiff, defendant, or named representative for either.
(a) The presiding judge shall grant the request unless the opposing party or named representative shows by a preponderance of the evidence that the broadcast is more likely than not to cause specific irreparable harm to a party or witness. Upon such showing, the judge shall not broadcast only the portion or portions of the proceeding that create the harm to that party or witness. The judge shall state the basis for his or her findings on the record prior to the proceeding.
(b) The link to the live broadcast shall be available to the public through the clerk's office at the location where the proceeding takes place.
IV. Copies of video and audio recordings shall be made available by the court clerk's office to the same extent as any information in a court file. The court shall not unreasonably restrict the ability to obtain copies of video and audio recorded proceedings.
2 Effective Date. This act shall take effect January 1, 2026.