Superior Court Rules Table of Contents
172. SCOPE. Domestic relations proceedings are governed by
the following Rules of Superior Court. They apply to actions for divorce,
annulment, legal separation, custody and visitation rights, child support and
separate maintenance, paternity, legitimation, registration of foreign judgments
and decrees, uniform interstate family support, and administrative support
violations. The Rules of Superior Court regulating the practice at law, where
applicable, shall also regulate the practice in domestic relations.
INITIAL PLEADINGS.
173. PETITION: PARTIES AND SUBJECT MATTER. A domestic
relations action shall be commenced by the filing of a petition which shall be
captioned "In the matter of...and...", stating the names of the
parties. The first name shall designate the petitioner and the second shall
designate the respondent. Each petition shall be entitled "Petition
for...", stating the subject matter of the action as referenced in Rule
172. All petitions shall state the county and state of residence of the
petitioner and the respondent, so far as known.
174. PETITION: ALLEGATIONS. Every petition in a domestic
relations matter shall be dated and signed under oath by the party and shall set
forth, in separate paragraphs and as concisely as possible, the specific facts
relied upon to constitute grounds for the relief requested and to establish
jurisdiction under applicable statute. There shall be set forth, in separate
paragraphs, the particular relief sought. No documents shall be annexed to any
such pleading except as may be necessary to support prayers for
ex parte orders, or as required by court rule or order.
175. JOINT PETITION. Where the parties agree upon all the
specific facts contained in the petition, they may file a joint petition. It
shall be signed by both parties under oath before a justice of the peace or a
notary public.
176. TEMPORARY RELIEF. A petition or cross-petition may
contain a request for a temporary hearing, specifically identifying the issues
for which the filing party seeks temporary orders and the relief requested.
177. ADULTERY. All petitions and cross-petitions affecting
the marriage relation which allege adultery, or answers thereto alleging
adultery as an affirmative defense, must contain the name and address of the
person with whom the party is accused of adultery, if known, and if not, a
statement to that effect. Any fact relied upon under the statutes to excuse
service upon such third person must be stated in the petition or cross-petition.
FILING AND SERVICE.
178. RETURN DAY. Upon the filing of a petition, the court
shall issue orders of notice, which the clerk shall attach to the petition. The
orders of notice shall name a return day, which may be designated by the filing
party to be any day within one to three months from the date of filing. All
service shall be completed at least fourteen days before the return day. No
service of a joint petition is required.
179. SERVICE BY SHERIFF. Except where another form of service
is mandated or permitted by statute, when the residence of the respondent is
known, service of an attested copy of the petition and orders of notice shall be
made by a sheriff or deputy within the state, and by an officer authorized to
serve similar process outside the state. Proof of out of state service shall be
made by a return of the officer under oath, accompanied by an official
certificate of his/her official character and authority. Whenever service is
made by leaving an attested copy of the petition and orders at the respondent's
abode, the return shall state the street and number, or some other description
of the abode. This rule shall not be construed to create extraterritorial
jurisdiction where it does not otherwise exist.
180. ALTERNATIVE SERVICE. When the residence of the
respondent is unknown, the petition shall state the respondent's last known
mailing address, and the name and mailing address of some near relative, if any
is known to the petitioner, such facts to be verified by the petitioner's
personal affidavit filed with the petition. Service may then be ordered for
notice by publication, as follows: in a specified newspaper published at or
nearest the respondent's last known place of residence in this state, or
otherwise as the court may order, a statement naming the parties, court, and
docket number, together with a description setting forth the nature of the
petition and the relief sought. This notice shall be so published once a week
for three successive weeks, the last publication to be at least fourteen days
prior to the return day. Also, the petitioner shall send by registered or
certified mail, return receipt requested, a copy of the petition and orders of
notice to the respondent and to such relative, and shall file proof thereof.
Publication may be waived for good cause shown upon motion requesting
alternative service.
181. WAIVER OF SERVICE. Service of any petition may be waived
by the respondent, upon the execution of an appearance and waiver of service,
which shall contain the respondent's signature acknowledged before a justice of
the peace or notary public, or the signature of an attorney licensed to practice
law in this state who is appearing for the respondent. The appearance and waiver
of service shall be appended to the original petition when it is initially filed
with the court, or to an attested copy of the petition when orders of notice
have been issued. No further notice or service shall be required.
182. ACCEPTANCE OF SERVICE. An attorney licensed to practice
in this state, who is appearing for a party, may accept service of any petition
and orders of notice from the sheriff.
183. ENTRY OF RETURN. Returns of service and appearances
shall be entered with the court by the return day named in the orders of notice,
and no domestic relations case will be heard until proper return or waiver of
service has been filed. Where a joint petition or a petition with waiver of
service is filed, the return day shall be the date of filing.
RESPONSIVE PLEADINGS.
184. APPEARANCE. Once duly notified, the respondent shall
file or have an attorney file an appearance by the return day specified in the
orders of notice. If no appearance is filed within the time prescribed, the
facts alleged shall be taken as admitted.
185. ANSWER AND CROSS-PETITION. An answer to a petition
or a cross-petition is required in cases where the responding party wishes to
seek alimony or other affirmative relief, or to assert an affirmative defense;
provided, however, that the court may, as justice may require, allow a
responding party to seek alimony or other affirmative relief despite the failure
to file a timely answer. In all other cases, an answer may be filed. All
answers shall be dated and signed under oath. A cross-petition must follow
the format set forth in Rules 173 and 174. An answer to a petition, or a
cross-petition, shall be filed within thirty days after the return day. Any
answer to a cross-petition shall be filed within ten days after filing of the
cross-petition.
186. SERVICE OF RESPONSIVE PLEADINGS. Neither answer nor
cross-petition need be served on the petitioner, but rather must contain a
certification that the respondent has provided the other party with a copy of
the pleading.
EMERGENCY ORDERS.
187.
EX PARTE RELIEF. Emergency orders may be granted without written or oral
notice to the adverse party only if it clearly appears to the court, from
specific facts shown by affidavit or by the verified petition, that immediate
and irreparable injury, loss, or damage will result to the applicant, the
children, or property before the adverse party or attorney can be heard in
opposition. If the other party is represented or has filed an appearance,
normally no relief will be granted without notice to the other party and an
opportunity to be heard. Any person against whom such an order is made
ex parte shall be entitled to a hearing within five days of a written
request.
THIRD PARTY PRACTICE.
188. INTERVENTION. Any person asserting an interest in the
proceedings may seek to intervene as a party thereto upon petition to intervene
briefly setting forth that person's relation to the subject matter of the case.
Upon petition of a party, any such person may be joined as a party by order of
the court notifying that person to appear in the case.
PRETRIAL CASEFLOW MANAGEMENT.
189. TEMPORARY HEARING. Upon request of either party
contained in a petition or cross-petition, or upon motion at any time during the
pendency of an action, the clerk shall schedule a temporary hearing. Temporary
hearings will be of thirty minutes' duration and conducted upon offers of proof,
unless otherwise ordered by the court upon good cause shown. The parties may
request a more lengthy hearing by motion setting forth the reasons for said
request and the length of time required. Such motions shall be heard at the time
of the originally scheduled temporary hearing, if not earlier ruled upon.
190. STRUCTURING CONFERENCE. At the time of temporary
hearing, within 60 days after the return day, or upon order of the court, a
structuring order shall issue or a structuring conference shall be scheduled.
Parties and counsel shall attend the structuring conference.
The following matters may be addressed: disputed issues, schedules for discovery
and other case preparation, appointment of a guardian ad litem or status of any
ongoing investigation, additional conferences with the court, mediation, neutral
case evaluation and other alternative dispute resolution, counselling,
settlement, or trial. Upon court order or agreement of the parties, a referral
to mediation or other alternative dispute resolution procedure shall be made at
the structuring conference.
The court shall issue a structuring conference order which
may include deadlines for discovery or filing of motions and dates for
additional structuring, status, pretrial, or settlement conferences and motion
hearings. In lieu of attending a structuring conference, the parties may file an
agreed upon statement, signed by parties and counsel, which includes all the
above facts and representations, for approval by the court.
191. DISCOVERY. Unless established in a structuring
conference order, or otherwise upon request and approval by the court, discovery
shall close six months following the return day.
192. PRETRIAL CONFERENCE. At the close of discovery, a
pretrial conference will be held. At the pretrial conference, the parties,
counsel, and the guardian ad litem will be present and prepared to discuss
settlement of all issues in dispute. Prior to the pretrial conference,
pro se parties, counsel, and the guardian ad litem shall meet and confer
in person with each other. At that time they must exchange copies of their
proposed decrees, financial affidavits, and child support guideline worksheets.
At the pretrial conference, the parties are required to file the above listed
documents as well as pretrial statements which shall include the following
information and which may be joint statements:
A. Brief description of disputed
issues.
B. List of property (including
pensions or property interests) in dispute, the values thereof, and whether or
not appraisals will be submitted.
C. Where applicable, a statement of
special circumstances warranting adjustment to the child support guidelines,
factors justifying an award of sole legal custody or an unequal property
division, and factors to be considered in an alimony award.
D. List of expert witnesses.
E. List of other witnesses.
F. Identification of pending motions.
G. Unresolved discovery issues.
H. Length of trial.
I. Status of settlement negotiations
or alternative dispute resolution.
J. Special circumstances (such as out
of state witnesses) which will affect trial scheduling.
K. Whether a record is requested.
In submitting this information to the court, counsel shall be
prepared to discuss realistic expectations as to number of witnesses and length
of testimony so that a realistic order on the duration of trial can be
established. Except upon motion for good cause shown, witnesses not listed shall
be prohibited from testifying at trial. A hearing on the merits, trial
management, status, or settlement conference will be scheduled following the
pretrial conference. A referral to neutral case evaluation or other alternative
dispute resolution options may be made at the pretrial conference.
193. SETTLEMENT AND STATUS CONFERENCE. Upon request of either
party or at the court's discretion, at any time during the pendency of a case, a
settlement conference may be scheduled. Counsel, the parties, and the guardian
ad litem shall attend.
At the court's discretion or upon request of either party, a
status conference may be scheduled for case management purposes. Pending motions
may also be heard at this time at the court's discretion or at the prior written
request of either party indicating the motions to be heard and the estimated
length of time required. Only counsel and
pro se parties must attend the status conference unless pending motions
are to be heard.
194. TRIAL MANAGEMENT CONFERENCE. In cases scheduled for two
or more trial days, the clerk shall schedule a trial management conference
fourteen days prior to trial or as the court calendar permits. In cases
requiring less than two days of trial, the clerk may, with leave of the court,
schedule a trial management conference. Only counsel and
pro se parties need attend the trial management conference. At this
conference, the parties shall be prepared to address the time and manner in
which all exhibits to be offered in the direct case of each party or exact
copies of them shall be exchanged and marked. The anticipated subject matter,
length, and order of testimony will be presented. Except upon motion for good
cause shown, amendments to witness lists submitted at the Pretrial Conference
shall not be permitted. To the extent possible, evidentiary disputes shall be
resolved and legal issues briefed at this time. Issues will be limited and
stipulated matters will be identified, the latter to be reduced to written
agreement by the first day of trial.
195. SANCTIONS. Failure to comply with any portion of Rules
190 through 194, or to attend a required conference, may constitute grounds for
sanctions, including entry of nonsuit or decree
pro confesso, imposition of fines, or such other orders as justice may
require.
ATTENDANCE OF MINORS.
195-A. DEPOSITIONS AND HEARINGS. In any proceedings brought pursuant to RSA chapters 168-A, 458, 458-A, or 460, no minor child shall be deposed or brought to a deposition, brought to court to appear as a witness or to attend a hearing without prior order of the court based upon good cause shown unless in an emergency situation.
REQUIRED DOCUMENTS.
196. PERSONAL DATA SHEET. At the time of filing any initial
pleading or pleading that brings an action forward, the filing party shall, and
the responding party may, file a completed personal data sheet. Should a party
become aware of any change in addresses, telephone numbers, or employment during
the pendency of a case or of any outstanding support order, that party shall
notify the court of such change. Access to information contained in the personal
data sheet shall be restricted to court personnel, the Office of Child Support,
the Guardian ad Litem, the parties, and counsel, unless a party has requested on
the data sheet that it not be disclosed to the other party. Any person seeking
access to restricted information may file an appropriate motion.
197. FINANCIAL AFFIDAVIT. At every hearing involving
financial matters or property, or as may be required by the court, each party
shall file with the court and deliver to the other party prior to hearing a
typewritten or legibly handwritten financial affidavit as prescribed by
Administrative Order. Upon written request to the opposing party, accompanied by
the requesting party's current financial affidavit and made at least ten days
prior to the hearing date, the other party shall provide a current financial
affidavit within five days of the hearing date. The clerk shall, upon written
request of any party, place that party's affidavit in a sealed envelope, which
shall not be opened except by the parties, the Office of Child Support, or with
leave of court.
198. UPDATED FINANCIAL AFFIDAVITS IN UNCONTESTED AND
DEFAULTED MATTERS. No uncontested final hearing or final hearing where a party
is in default will be scheduled in any matter requiring the filing of financial
affidavits until both parties have filed current financial affidavits, duly
completed. "Current" for this purpose shall mean that the financial
affidavits are dated no earlier than thirty days before the date of the request
for the hearing. The party seeking final orders shall make reasonable efforts to
obtain the financial affidavit of the other party for filing. However, if one
cannot be obtained, the moving party may file an affidavit explaining the reason
why it has been impossible with due diligence to obtain the other party's
financial affidavit.
199. UNIFORM SUPPORT ORDER. At every hearing in which child
support, medical support, or arrears are at issue, the party seeking the order
shall file a proposed uniform support order as prescribed by Administrative
Order.
200. CHILD SUPPORT GUIDELINE WORKSHEET. At every hearing in
which child support is involved, the party seeking the order shall file a child
support guideline worksheet, as published by the Division of Child Support
Services, duly completed by either the party or attorney. The other party shall
file a child support guideline worksheet if the guideline amount is in dispute.
The fact that the parties have agreed to an amount or may be requesting
adjustments to the child support guidelines does not suspend this requirement.
In cases where the other party has failed to disclose his/her income, a
worksheet shall be completed using a reasonable estimate of that party's income.
201. FORM FOR DECREES AND STIPULATIONS. Agreed upon or
proposed decrees must be filed at all temporary or final divorce, legal
separation or parenting hearings. Any temporary decree for divorce or legal
separation must follow the format set forth in Superior Court Rule
202-C(I). Any final decree for divorce or legal separation must follow the
format set forth in Superior Court Rule 202-C(II). Any temporary or final
decree for parenting actions must follow the format set forth in Superior Court
Rule 202-D. For all final default hearings, the moving party shall provide
a copy of the proposed order to the other party at least thirty days before the
hearing date.
202. SIGNING OF STIPULATIONS. All stipulations, agreements, and proposed decrees shall be typewritten
and signed by the parties and, if represented by counsel, by attorneys for the
parties. The court may accept
handwritten stipulations or agreements provided the parties file a typewritten
substitute with the court within ten days. A typewritten substitute does not
need to contain signatures.
202-A. PARENTING PLANS.
(I) Parenting
plans shall be filed in all divorce and legal separation actions where there are
minor children, and in all parenting actions.
Parents shall work together to agree upon as many provisions of the
parenting plan as possible. Exceptions
to the requirement that parents work together on parenting plans include cases
where there is evidence of domestic violence, child abuse, or neglect, or as
otherwise excused by the court.
(II) In any divorce, legal separation, or
parenting action in which a temporary parenting order is requested, a temporary
parenting plan must be filed at the temporary hearing.
(III) A final parenting plan must be filed at
the final hearing in any final divorce or legal separation action where there
are minor children, and in all final parenting actions.
(IV) Parenting plans must be filed in all
actions to modify final parenting plans or prior final parenting-related orders
issued in divorce, legal separation, or custody actions.
(V) Parties may use the parenting plan form
provided by the court or may create their own parenting plan. However, parties
who create their own parenting plans must adhere to the standard order of
lettered paragraphs set forth at Superior Court Rule 202-B, Standard Order of
Paragraphs for Parenting Plan.
(VI) All parenting plans required by this
rule shall be filed as separate documents, signed by one or more parties.
(VII) For all actions requiring parenting
plans, if a complete parenting plan is not agreed upon by the parties which
includes every provision of the Standard Order of Paragraphs for Parenting Plan,
a partially agreed-upon parenting plan, signed by the parties, and a proposed
parenting plan for the remaining provisions must be filed by each party.
202-B. STANDARD ORDER OF PARAGRAPHS FOR PARENTING
PLAN.
All parenting plans
shall be set forth in the following order of paragraphs. "N/A" may be used to denote
paragraphs that do not apply to a particular situation.
(I) Decision Making
Responsibility
(1) Major Decisions
(2) Day-to-Day Decisions
(3) Other
(II) Residential Responsibility &
Parenting Schedule
(1) Routine Schedule
(2) Holiday and Birthday Planning
(3) Three-day
weekends
(4) Vacation Schedule
(5) Supervised Parenting Time
(6) Other Parental Responsibilities
(III) Legal Residence of a
Child for School Attendance
(IV) Transportation and Exchange of the
Child(ren)
(V) Information Sharing and Access, Including
Telephone and Electronic Access
(1) Parent-Child Telephone Contact
(2) Parent-Child Written Communication
(VI) Relocation of a Residence of a Child
(VII) Procedure for Review and Adjustment of
Parenting Plan
(VIII) Method(s) for Resolving Disputes
(IX) Other Parenting Agreements Attached
202-C. STANDARD
ORDER OF PARAGRAPHS FOR TEMPORARY AND FINAL DECREES ON DIVORCE AND LEGAL
SEPARATION.
(I) Temporary. All temporary agreements and
proposed decrees shall be set forth in the following order of paragraphs. "N/A" may be used to denote
paragraphs that do not apply to a particular situation.
(1) Type
of Case
(2) Parenting Plan and Uniform Support Order
(3) Tax Exemptions for
Children
(4) Guardian ad Litem Fees
(5) Alimony
(6) Health Insurance For
Spouse
(7) Life Insurance
(8) Motor Vehicles
(9) Furniture and Other Personal Property
(10) Retirement Plans and Other Tax-Deferred
Assets
(11) Other Financial Assets
(12) Business Interests of
the Parties
(13) Division of Debt
(14) Marital Home
(15) Other Real Property
(16) Enforceability after
Death
(17) Restraints against the Property
(18) Restraining Order
(19) Other Requests
(II) Final.
All final agreements and proposed decrees shall be set forth in the
following order of paragraphs. "N/A"
may be used to denote paragraphs that do not apply to a particular situation.
(1) Type
of Case
(2) Parenting Plan and Uniform Support Order
(3) Tax Exemptions for Children
(4) Guardian ad Litem Fees
(5) Alimony
(6) Health Insurance For Spouse
(7) Life Insurance
(8) Motor Vehicles
(9) Furniture and Other Personal Property
(10) Retirement Plans and
Other Tax-Deferred Assets
(11) Other Financial Assets
(12) Business Interests of
the Parties
(13) Division of Debt
(14) Marital Home
(15) Other Real Property
(16)
Enforceability after Death
(17) Signing of Documents
(18) Restraining Order
(19) Name Change
(20) Other Requests
202-D. STANDARD ORDER OF PARAGRAPHS FOR DECREE ON
PARENTING PETITION.
All agreements and proposed decrees in parenting
actions shall be set forth in the following order of paragraphs. "N/A" may be used to denote
paragraphs that do not apply to a particular situation.
(1) Parenting
Plan and Uniform Support Order
(2)
Tax Exemptions for Children
(3) Guardian ad Litem Fees
(4) Life Insurance
(5) Enforceability after
Death
(6) Restraining Order
(7) Other Requests
202-E. PERSONAL DATA SHEET.
At the time of filing
any initial pleading or pleading that brings an action forward, the filing party
shall, and the responding party may, file a completed personal data sheet.
Should a party become aware of any change in addresses, telephone numbers, or
employment during the pendency of a case or of any outstanding support order,
that party shall notify the court of such change. Access to information
contained in the personal data sheet shall be restricted to court personnel, the
Office of Child Support, the court-appointed mediator, the guardian ad litem, the parties, and counsel
unless a party has requested on the data sheet that it not be disclosed to the
other party.
203. VITAL STATISTICS REPORT. No divorce, legal separation,
or annulment will be heard on its merits until there is on file with the court a
typewritten vital statistics report, fully completed.
ENFORCEMENT.
204. CONTEMPT. Attachments or arrests and incarceration for
civil contempt may be ordered by the court upon a finding of the violation of
any court order, after notice and an opportunity to be heard. Parties may be
arrested upon court order and required to post bonds for appearance and
compliance with court orders in any case where it shall be deemed necessary.
Criminal contempt shall be governed by Superior Court Rule 95.
205. BAIL. Sheriffs and deputies are authorized to take bail
in civil contempt proceedings and shall forward forthwith such bail so taken to
the clerk of court issuing the capias.
FINAL DECREES.
206. NOTICE OF HEARING. All parties, whether they have
appeared in the action or not, will be given advance notice of final hearings.
In the case of a final default, written notice shall be sent at least fourteen
days prior to hearing.
207. TIMING OF HEARING. No case affecting the marital status
will be heard on the merits sooner than thirty days after the return day, unless
waived by the court.
208. EFFECTIVE DATE: UNCONTESTED MATTERS. Decrees in
uncontested cases where the parties have filed a permanent stipulation shall
become final on the date signed by the judge unless otherwise specified by the
court.
209. EFFECTIVE DATE: CONTESTED AND DEFAULTED MATTERS. In
contested cases or upon the default of either party, the decree will not become
final until expiration of the appeal period, pursuant to Superior Court Rule 74.
210. INACTIVE CASES. All domestic relations cases which have
been pending for two years without any action being shown on the docket shall be
dismissed.
211. MODIFICATION OF DECREES. No modification of any final
domestic relations decree or order will be heard, except upon a petition setting
forth the grounds relied upon and the relief requested, which shall be served
upon the opposing party. In any post-decree proceeding, the parties shall retain
their original designation of petitioner or respondent as was established in the
initial petition. Service of such a petition shall be accomplished in any manner
permitted under Rules 178 through 183. Any agreement to modify a decree shall be
signed by the parties and filed with the court for review and approval, if
appropriate. A petition, or service of the agreement, shall not be required.
Parties may stipulate to change a decree of legal separation to one of divorce.
GUARDIANS AD LITEM.
212. CERTIFICATION. The court may appoint as a guardian ad
litem only an individual who has become certified according to the protocol
approved by the supreme court on December 15, 1994.
213. WRITTEN REPORTS. Reports filed by guardians ad litem in
domestic relations cases involving custody, custodial rights, or visitation
arrangements for any minor child shall be placed in an envelope marked
"CONFIDENTIAL" by the clerk. Such reports shall be made available only
to parties in the action and their attorneys. The clerk shall remove the
envelope before making the file available to any other individuals requesting
access.