RULES OF THE SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE

    79. Whenever any question of law is to be transferred by interlocutory appeal from a ruling or by interlocutory transfer without ruling, counsel shall seasonably prepare and file with the Clerk the interlocutory appeal statement or interlocutory transfer statement pursuant to Supreme Court Rule 8 and Supreme Court Rule 9, and after the Court has signed the statement, counsel shall mail the number of copies provided for by the rules of the Supreme Court to the Clerk thereof.


    80.  When the Supreme Court orders that a transcript be prepared, if a question of law is transferred by appeal, the appealing party shall advance the estimated cost of the transfer, and the expense of such transfer shall be taxed in his bill of costs if he shall prevail; but if transferred by virtue of an agreement signed by the parties or otherwise without ruling, such expense shall be advanced as the court, within its discretion, may rule that justice requires.

    The stenographer shall transcribe the original and two copies of all the oral proceedings except opening statements, medical testimony, arguments, and charge, unless otherwise ordered by the Supreme Court.

    After determination of what is to be transcribed as provided by these rules and the Supreme Court rules, the Clerk of the Supreme Court shall notify the party liable therefor of the estimated cost to him at the prevailing per page rate for the original and each copy thereof, and shall notify him to pay the estimated cost to the Clerk of the Superior Court within fifteen days from the date of the notice; otherwise his appeal shall be deemed waived; or if it is an agreed case or if otherwise transferred without ruling, the action shall be dismissed unless the other party will advance such expense within fifteen days after notice, in which event he may tax it as costs if he prevails. Upon receipt of the required advance payment, the Clerk shall notify the stenographer to proceed with the transcription.

    In cases tried by the Court without jury or by a master or referee, the oral proceedings of the trial shall not be transcribed by the stenographer in advance of verdict or decree unless the Court rules that justice so requires, and then portions thereof may be omitted as may be expressly ordered. In the event that such prior transcription is ordered, the stenographer shall prepare not less than the typewritten original and two copies thereof and the Court shall determine the apportionment of the cost thereof.