Superior Court Rules Table of Contents
14. (a) The names of the attorneys or parties, who
conduct each cause, shall be entered upon the docket; and if the defendant shall
neglect to enter an appearance within seven days after the return day of the
writ, he shall be defaulted, and judgment shall be rendered accordingly; and no
such default shall be stricken off, except by agreement, or by order of the
Court upon such terms as justice may require, upon motion and affidavit of
defense, specifically setting forth the defense and the facts on which the
defense is based.
(b) Special appearances shall be deemed general thirty
days after the return day of the action, unless a special plea or motion to
dismiss is filed within that time.
(c) No person who is not a lawyer will be permitted to
appear, plead, prosecute or defend any action for any party, other than himself
or herself, unless of good
character and until there is on file with the Clerk: (1) a power of attorney signed by the party
for whom he or she seeks to appear and witnessed and acknowledged before a
Justice of the Peace or Notary Public, constituting said person his or her
attorney to appear in the particular action; and (2) an affidavit under oath in which said
person discloses (a) all of said
person's misdemeanor and felony convictions (other than those in which a record
of the conviction has been annulled by statute), (b) all instances in which said
person has been found by any court to have violated a court order or any
provision of the rules of professional conduct applicable to nonlawyer
representatives, and (c) all prior proceedings in which said person has been
permitted to appear, plead, prosecute or defend any action for any party, other
than himself or herself, in any court. Any
person who is not a lawyer who is permitted to represent any other person before
any court of this State must comply with the Rules of Professional Conduct as
set forth in Professional Conduct Rule 8.5, and shall be subject to the
jurisdiction of the committee on professional conduct.
(d)
Limited Appearance of Attorneys. To the extent permitted by Rule 1.2 of
the New Hampshire Rules of Professional Conduct, an attorney providing limited
representation to an otherwise unrepresented litigant may file a limited
appearance in a non-criminal case on behalf of
such unrepresented party. The
limited appearance shall state precisely the scope of the limited
representation, and the attorney’s involvement in the matter shall be limited
only to what is specifically stated. The requirements of Superior Court Rule
15(a), (b) and (c) shall apply to every pleading and motion signed by the
limited representation attorney. An attorney who has filed a limited appearance, and who later
files a pleading or motion outside the scope of the limited representation,
shall be deemed to have amended the limited appearance to extend to such filing. An attorney who signs a writ, petition,
counterclaim, cross-claim or any amendment thereto which is filed with the
court, will be considered to have filed a general appearance and, for the
remainder of that attorney’s involvement in the case, shall not be considered
as a limited representation attorney under these rules; provided, however, if
such attorney properly withdraws from the case and the withdrawal is allowed by
the Court, the attorney could later file a limited appearance in the same
matter.
15. (a) All pleadings and the appearance and withdrawal
of counsel shall be signed by the attorney of record or his associate or by a
pro se party. Names, addresses, New Hampshire Bar identification numbers and
telephone numbers shall be typed or stamped beneath all signatures on papers to
be filed or served. No attorney or pro se party will be heard until his
appearance is so entered.
(b) The signature of an attorney to a pleading
constitutes a certificate by him that he has read the pleading; that to the best
of his knowledge, information and belief there is a good ground to support it;
and that it is not interposed for delay.
(c) If a pleading is not signed, or is signed with an
intent to defeat the purpose of this rule, it may be stricken and the action may
proceed as though the pleading had not been filed.
(d) Other than limited representation by attorneys as
allowed by Rule 14(d) and Professional Conduct Rule 1.2(f)), no attorney shall
be permitted to withdraw that attorney’s appearance in a case after the case
has been assigned for trial or hearing, except upon motion to permit such
withdrawal granted by the Court for good cause shown, and on such terms as the
Court may order. Any motion to withdraw filed by counsel shall set forth the
reason therefor but shall be effective only upon approval by the Court. A factor
which may be considered by the Court in determining whether good cause for
withdrawal has been shown is the client's failure to meet his or her financial
obligations to pay for the attorney's services.
(e)
Automatic Termination of Limited Representation. Any limited
representation appearance filed by an attorney, as authorized under Professional
Conduct Rule 1.2(f)) and Rule 14(d) of this Court, shall automatically terminate
upon completion of the agreed representation, without the necessity of leave of
Court, provided that the attorney shall provide the Court a “withdrawal of
limited appearance” form giving notice to the Court and all parties of the
completion of the limited representation and termination of the limited
appearance. Any attorney having filed a limited appearance who seeks to
withdraw prior to the completion of the limited representation stated in the
limited appearance, however, must comply with Rule 15(d).
(f)
Pleading Prepared for Unrepresented Party. When an attorney
provides limited representation to an otherwise unrepresented party, by drafting
a document to be filed by such party with the Court in a proceeding in which (1)
the attorney is not entering any appearance, or (2) the attorney has entered a
limited appearance which does not include representation regarding such
document, the attorney is not required to disclose the attorney’s name on such
pleading to be used by that party; any pleading drafted by such limited
representation attorney, however, must conspicuously contain the statement “This
pleading was prepared with the assistance of a New Hampshire attorney.” The
unrepresented party must comply with this required disclosure.
Notwithstanding that the identity of the drafting attorney need not be required
to be disclosed under this rule, by drafting a pleading to be used in court by
an otherwise unrepresented party, the limited representation attorney shall be
deemed to have made those same certifications as set forth in Rule 15(b) despite
the fact the pleading need not be signed by the attorney.