reglab/housing_qa huggingface dataset:
NH Rev Stat § 490-J:9 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 490-J - New Hampshire Collaborative Law Act|Section 490-J:9 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.

    490-J:9 Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm. –||I. Except as otherwise provided in paragraph III, a collaborative lawyer is disqualified from appearing before a court to represent a party in a proceeding related to a collaborative matter, including related matters filed by third parties.||II. Except as otherwise provided in paragraph III, RSA 490-J:10, and RSA 490-J:11, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a court to represent a party in a proceeding related to a collaborative matter if the collaborative lawyer is disqualified from doing so under paragraph I.||III. A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:||(a) To ask a court to approve an agreement resulting from the collaborative law process; or||(b) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, a minor child, family or household member as defined in RSA 173-B:1, X, if a successor lawyer is not immediately available to represent that party and only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.|||Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.|
NH Rev Stat § 490-J:10 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 490-J - New Hampshire Collaborative Law Act|Section 490-J:10 - Disclosure of Information.

    490-J:10 Disclosure of Information. –||During the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to a collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.|||Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.|
NH Rev Stat § 490-J:11 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 490-J - New Hampshire Collaborative Law Act|Section 490-J:11 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.

    490-J:11 Standards of Professional Responsibility and Mandatory Reporting Not Affected. –||This chapter does not affect:||I. The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or||II. The obligation of a person to report abuse or neglect, abandonment, or exploitation of an adult or child under New Hampshire law.|||Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.|
NH Rev Stat § 490-J:12 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 490-J - New Hampshire Collaborative Law Act|Section 490-J:12 - Appropriateness of Collaborative Law Process.

    490-J:12 Appropriateness of Collaborative Law Process. –||Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:||I. Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;||II. Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or neutral evaluation; and||III. Advise the prospective party that:||(a) After signing an agreement if a party initiates a proceeding or seeks court intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;||(b) Participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and||(c) The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a court to represent a party in a proceeding related to the collaborative matter, except as authorized by RSA 490-J:9, III.|||Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.|
NH Rev Stat § 490-J:13 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 490-J - New Hampshire Collaborative Law Act|Section 490-J:13 - Domestic Violence.

    490-J:13 Domestic Violence. –||I. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.||II. Throughout the collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.||III. If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue the collaborative law process unless both parties, after individual consultation with their attorneys, represent to their individual attorney that he/she has no current concern for his/her safety or coercion and both wish to proceed with the collaborative process.|||Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.|
NH Rev Stat § 490-J:14 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 490-J - New Hampshire Collaborative Law Act|Section 490-J:14 - Confidentiality of Collaborative Law Communication.

    490-J:14 Confidentiality of Collaborative Law Communication. –||A collaborative law communication is confidential except as agreed by the parties in a signed document, or under the circumstances set forth in RSA 490-J:15, IV.|||Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.|
NH Rev Stat § 490-J:15 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 490-J - New Hampshire Collaborative Law Act|Section 490-J:15 - Privilege Against Disclosure for Collaborative Law Communication.

    490-J:15 Privilege Against Disclosure for Collaborative Law Communication. –||I. Except as set forth in this section, a collaborative law communication is privileged, is not subject to discovery, and is not admissible into evidence. Accordingly, a party or a party's lawyer or a neutral participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.||II. Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.||III. Waiver of Privilege.||(a) The privilege may be waived wholly or in part in a document or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a neutral participant, it is also expressly waived by the neutral participant.||(b) A party who discloses a collaborative law communication for which the privilege has not been waived under subparagraph (a) shall be deemed to have waived the privilege, but only to the extent necessary to permit any other party to respond to the unauthorized disclosure.||IV. There is no privilege under this chapter for a collaborative law communication that is:||(a) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;||(b) In an agreement resulting from the collaborative law process, evidenced by a document signed by all parties to the agreement;||(c) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or||(d) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult.||V. There is no privilege under this chapter if a court finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting the privilege and the collaborative law communication is sought or offered in:||(a) A court proceeding involving a felony; or||(b) A proceeding seeking rescission or clarification of an agreement arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.||VI. If a collaborative law communication is subject to an exception under paragraph IV or V, only the part of the communication necessary for the application of the exception may be disclosed or admitted.||VII. Disclosure or admission of evidence excepted from the privilege under paragraph IV or V does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.|||Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.|
NH Rev Stat § 490-J:16 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 490-J - New Hampshire Collaborative Law Act|Section 490-J:16 - Authority of Court in Case of Noncompliance.

    490-J:16 Authority of Court in Case of Noncompliance. –||Notwithstanding a failure to comply with RSA 490-J:4, RSA 490-J:12, or RSA 490-J:13, a court may enforce an agreement, apply the disqualification provisions of RSA 490-J:9, or apply a privilege under RSA 490-J:15 when the court concludes that the parties intended to enter into a collaborative law participation agreement and to participate in a collaborative law process. Such a conclusion shall be based upon the following findings:||I. The parties signed a document indicating an intent to enter into a collaborative law participation agreement;||II. The parties reasonably believed they were participating in a collaborative law process; and||III. The interests of justice require finding that the parties were participating in collaborative law process.|||Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.|
NH Rev Stat § 491:1 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:1 - Justices.

    491:1 Justices. –||The superior court shall consist of a chief justice, appointed by the governor and council to a 5-year term, and 21 associate justices. Said justices shall be appointed and commissioned as prescribed by the constitution and shall exercise the powers of the court unless otherwise provided. The chief justice shall be appointed from among the associate justices. In the event that the chief justice resigns as chief justice or is not reappointed at the expiration of the 5-year term, he or she may return to the position of associate justice, whether or not an associate justice vacancy then exists.|||Source. 1901, 78:1. PL 316:1. 1927, 51:1. RL 370:1. 1945, 174:1. 1951, 221:1. 1953, 168:1. RSA 491:1. 1963, 260:1. 1969, 453:1. 1971, 456:7. 1977, 600:45. 1983, 381:1, 10; 383:20. 1991, 202:1. 2006, 38:3, eff. Dec. 8, 2010.|
NH Rev Stat § 491:2 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:2 - Repealed by 2003, 311:10, II, eff. July 1, 2003.

    491:2 Repealed by 2003, 311:10, II, eff. July 1, 2003. –|
NH Rev Stat § 491:3 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:3 - Assignment From Supreme Court.

    491:3 Assignment From Supreme Court. –||When the business of the superior court or circuit court requires it, and upon request of the chief justice of the superior court or the administrative judge of the circuit court, the chief or senior associate justice of the supreme court may, if not inconsistent with the proper advancement of the business of the supreme court, assign himself or herself or some other justice of the supreme court to preside and serve in the superior court or circuit court. While thus presiding and serving, such supreme court justice shall have all the authority of a superior court justice or circuit court judge.|||Source. 1913, 141:1. PL 316:2. RL 370:2. 2021, 207:2, Pt. IV, Sec. 1, eff. Oct. 9, 2021.|
NH Rev Stat § 491:3-a (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:3-a - Assignment of Judges.

    491:3-a Assignment of Judges. –||After assessing caseload needs and requirements and consulting with the chief justice of the superior court or administrative judge of the circuit court, the chief justice of the supreme court may assign any superior court justice to hear cases in the circuit court.|||Source. 1997, 131:1, eff. Aug. 8, 1997. 2021, 207:2, Pt. IV, Sec. 1, eff. Oct. 9, 2021.|
NH Rev Stat § 491:4 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:4 - Disqualification in Supreme Court.

    491:4 Disqualification in Supreme Court. –||No justice of the supreme court thus presiding or acting in the superior court shall sit in the supreme court in cases transferred thereto by him except cases transferred upon agreed statements of facts, or upon referees', auditors', or commissioners' reports on which he made no ruling, unless it shall be necessary for him to sit in order that the cases may be decided.|||Source. 1913, 141:1. PL 316:3. RL 370:3.|
NH Rev Stat § 491:5 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:5 - Expenses of Assigned Justices.

    491:5 Expenses of Assigned Justices. –||The expenses of a justice of the supreme court while acting in the superior court shall be paid from the appropriation for the expenses of the justices of the superior court.|||Source. 1913, 141:1. PL 316:4. RL 370:4.|
NH Rev Stat § 491:6 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:6 - Administrative Assistant to the Chief Justice.

    491:6 Administrative Assistant to the Chief Justice. –||The chief justice of the superior court shall appoint an administrative assistant who shall serve at his pleasure. The administrative assistant shall serve as fiscal officer of the superior court and shall perform such other duties as may be required by the chief justice and shall receive such salary as may be provided by appropriation therefor.|||Source. 1901, 78:14. 1905, 107:1. 1913, 141:2. 1917, 212:1. 1919, 77:1. 1921, 147:1; 148:1. PL 316:5. 1927, 57:2. 1929, 159:2. 1941, 141:1. RL 370:5. 1947, 25:2. 1953, 74:2; 265:1, 8. RSA 491:6. 1957, 68:2. 1961, 221:8. 1975, 505:13, eff. July 1, 1975.|
NH Rev Stat § 491:6-a (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:6-a - Superior Court Justices and Marital Masters; Expenses.

    491:6-a Superior Court Justices and Marital Masters;  Expenses. –||The justices and marital masters shall be entitled to receive their actual personal expenses when absent from their assigned court in the performance of their official duties. The justices and marital masters shall not be reimbursed for mileage to commute from the justice's or marital master's residence to their assigned court except for any mileage in excess of 50 miles each way.|||Source. 1975, 505:13. 2004, 91:2. 2007, 119:2. 2009, 60:3, eff. Aug. 2, 2009.|
NH Rev Stat § 491:7 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:7 - Jurisdiction.

    491:7 Jurisdiction. –||The superior court shall take cognizance of civil actions and pleas, real, personal, and mixed, according to the course of the common law, except such actions as are required to be brought in the family division under RSA 490-D, district courts under RSA 502-A, or the probate courts under RSA 547; of writs of mandamus and quo warranto and of proceedings in relation thereto; of petition and appeals relating to highways and property taken therefor and for other public use; of actions commenced in the probate or district courts where a right to jury trial is guaranteed by the constitution; of actions commenced in a district court which are transferable by statute to the superior court; of suits in equity under RSA 498:1; of petitions for new trials; of petitions for the redemption and foreclosure of mortgages; of all other proceedings and matters to be entered in, or heard at, said court by special provisions of law; and of all other proceedings and matters cognizable therein for which other special provision is not made.|||Source. RS 172:3, 5. 1855, 1659:2. 1859, 2211:3. GS 189:3. 1870, 2:1. GL 208:3. 1885, 13:1; 42:1. PS 204:4. 1901, 78:2. PL 316:6. RL 370:6. RSA 491:7. 1957, 244:6. 1963, 331:2. 1965, 327:4. 1973, 145:10. 1975, 395:4. 1992, 284:11, eff. Jan. 1, 1993. 2014, 204:31, eff. July 11, 2014.|
NH Rev Stat § 491:8 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:8 - Actions Against State.

    491:8 Actions Against State. –||The superior court shall have jurisdiction to enter judgment against the state of New Hampshire founded upon any express or implied contract with the state, including specific performance and other equitable remedies that are not limited to money damages. Any action brought under this section shall be instituted by bill of complaint and shall be tried by the court without a jury. The jurisdiction conferred upon the superior court by this section includes any set-off, claim or demand whatever on the part of the state against any plaintiff commencing an action under this section. The attorney general, upon the presentation of a claim founded upon a judgment against the state, shall submit the claim to the department or agency which entered into the contract, and said department or agency shall manifest said claim for payment from the appropriation under which the contract was entered into; provided, that if there is not sufficient balance in said appropriation, the attorney general shall present said claim to the general court for the requisite appropriation.|||Source. 1951, 243:1. 1953, 83:1, eff. April 10, 1953. 2020, 12:2, eff. July 16, 2020.|
NH Rev Stat § 491:8-a (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:8-a - Motions for Summary Judgment.

    491:8-a Motions for Summary Judgment. –||I. A party seeking to recover upon a claim, counterclaim, or crossclaim, or to obtain a declaratory judgment, may, at any time after the defendant has appeared, move for summary judgment in his favor upon all or any part thereof. A party against whom a claim, counterclaim, or crossclaim is asserted or a declaratory judgment is sought, may, at any time, move for a summary judgment in his favor as to all or any part thereof.||II. Any party seeking summary judgment shall accompany his motion with an affidavit based upon personal knowledge of admissible facts as to which it appears affirmatively that the affiants will be competent to testify. The facts stated in the accompanying affidavits shall be taken to be admitted for the purpose of the motion, unless within 30 days contradictory affidavits based on personal knowledge are filed or the opposing party files an affidavit showing specifically and clearly reasonable grounds for believing that contradictory evidence can be presented at a trial but cannot be furnished by affidavits. Copies of all motions and affidavits shall, upon filing, be furnished to opposing counsel or to the opposing party, if the opposing party is not represented by counsel.||III. Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits filed, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone, although there is a genuine issue as to the amount of damages.||IV. If affidavits are not filed by the party opposing the summary judgment within 30 days, judgment shall be entered on the next judgment day in accordance with the facts. When a motion for summary judgment is made and supported as provided in this section, the adverse party may not rest upon mere allegations or denials of his pleadings, but his response, by affidavits or by reference to depositions, answers to interrogatories, or admissions, must set forth specific facts showing that there is a genuine issue for trial.||V. If it appears to the court at any time that any of the affidavits presented pursuant to this section are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party presenting them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees. Any offending party or attorney may be found guilty of contempt.|||Source. 1955, 46:1. 1959, 264:1. 1965, 139:1; 208:14. 1973, 438:1. 1981, 260:1, eff. Aug. 15, 1981.|
NH Rev Stat § 491:9 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:9 - Administration of Oaths.

    491:9 Administration of Oaths. –||Justices of the superior court may administer oaths.|||Source. RL 370:7.|
NH Rev Stat § 491:10 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:10 - Rules.

    491:10 Rules. –||The court, acting as a body, may from time to time establish rules and orders of practice, consistent with the laws, for conducting and regulating its business, and may prescribe forms of proceedings in all cases not provided for.|||Source. RS 171:9. CS 181:12. 1855, 1659:14. 1859, 2213:2. GS 189:6. GL 208:6. PS 204:5. PL 316:7. RL 370:8. 1951, 221:7, eff. Aug. 15, 1951.|
NH Rev Stat § 491:10-a (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:10-a - Use of Recording Devices.

    491:10-a Use of Recording Devices. –||Upon petition by either party before or during any hearing or trial, the court may in its discretion allow said party to record the proceedings by any recording device. Said recordings shall be made at the expense of the petitioner and no fee shall be levied by the court against either party for this recording.|||Source. 1973, 536:1, eff. Aug. 31, 1973.|
NH Rev Stat § 491:11 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:11 - Process on Deposited Records.

    491:11 Process on Deposited Records. –||The court may issue writs of execution scire facias, and other proper process, upon judgments, records, and files of any court or justice required to be kept by the clerk of the court as records of his office, and may amend the same in like manner as if they had been originally records and files of the superior court.|||Source. 1859, 2211:2. GS 189:7. GL 208:7. PS 204:6. PL 316:8. RL 370:9.|
NH Rev Stat § 491:12 (2021)
2021 New Hampshire Revised Statutes|Title LI - Courts|Title 491 - Superior Court|Section 491:12 - Scire Facias on Municipal Court Judgments.

    491:12 Scire Facias on Municipal Court Judgments. –||Scire facias may be issued in the superior court, upon judgments and other proceedings in municipal courts, when the amount of the judgment or other demand claimed, including costs and interests, exceeds the jurisdiction of said municipal court, upon attested copies of such judgments or other proceedings being filed in the superior court.|||Source. RS 180:2. CS 191:3. GS 189:8. GL 208:8. PS 204:7. PL 316:9. RL 370:10. RSA 491:12. 1957, 244:37, eff. Sept. 23, 1957.|