reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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 22 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. 2023, 79:372, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 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.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:13 - Trials by Court.

491:13 Trials by Court. –
Causes which the court has authority to refer shall, as far as practicable, be tried by one or more justices of the court, unless one of the parties objects.
Source.
1855, 1659:26. GS 189:4. GL 208:4. 1881, 55:1. PS 204:8. PL 316:10. RL 370:11.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:14 - Equity Procedure.

491:14 Equity Procedure. –
Suits in equity, petitions for divorce, nullity of marriage, alimony, custody of children, allowance to wife from husband's property, new trials, redemption and foreclosure of mortgages, writs of mandamus and quo warranto, and other similar proceedings may be heard upon oral testimony or depositions, or both; or when both parties consent, or service having been made and a notice of the time and place of the hearing having been given, when both parties appear, such suits may be heard by any justice of the court at any time, but nothing contained in this section shall be construed as limiting the power of the court to have issues of fact framed and tried by a jury, according to the rules in equity, or the course of such proceedings at common law.
Source.
1870, 2:1. GL 208:3. PS 204:9. PL 316:11. RL 370:12. RSA 491:14. 1992, 284:12, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:14-a - Defendant's Name.

491:14-a Defendant's Name. –
When the name of the defendant is unknown to the plaintiff, a bill in equity may be brought against him by a fictitious name, and it shall not for that cause be abated, but may be amended on such terms as the court may order.
Source.
1971, 18:1, eff. May 28, 1971.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:15 - Findings.

491:15 Findings. –
The court or justice trying causes under RSA 491:13 and 491:14 shall, if either party requests it, give his decision in writing, stating the facts found and his rulings of law, which shall be filed and recorded.
Source.
1855, 1659:27. GS 189:5. 1870, 2:3. GL 208:5. PS 204:10. PL 316:12. RL 370:13.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:16 - On Issues Framed.

491:16 On Issues Framed. –
In bills in equity, when issues are framed and tried by jury, the verdict or findings of the jury shall be advisory and may be modified or set aside if not satisfactory to found a decree upon.
Source.
1935, 120:1. RL 370:14. RSA 491:16. 1975, 395:5, eff. Jan. 1, 1976.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:17 - Transfer of Cases.

491:17 Transfer of Cases. –
Questions arising upon exceptions, upon a special verdict, an issue of law, motion for a new trial or in arrest of judgment, or other motion or proceeding, or upon a statement of facts agreed to and signed by the parties, may be reserved and transferred by the presiding justice, in his discretion, for the determination of the supreme court.
Source.
RS 172:8. CS 181:26. 1855, 1659:17. GS 189:11. GL 208:11. PS 204:13. PL 316:13. RL 370:15. RSA 491:17. 1967, 132:21, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:18 - Stay of Execution.

491:18 Stay of Execution. –
When a bill of exceptions is allowed, the court may stay execution upon the judgment rendered in the case, upon such terms and conditions as the court deems just.
Source.
1855, 1659:17. GS 189:14. GL 208:14. PS 204:16. PL 316:14. RL 370:16.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:19 - Petition.

491:19 Petition. –
Whenever any official or board is given the power to summon witnesses and take testimony, but not the power to punish for contempt, and any witness refuses to obey such summons, either as to his appearance or as to the production of things specified in the summons, or refuses to testify or to answer any questions, a petition for an order to compel him to testify or to comply with the summons may be filed in the superior court, or with some justice thereof.
Source.
PL 316:15. RL 370:17.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:20 - Procedure.

491:20 Procedure. –
Upon the filing of a petition pursuant to RSA 491:19, the court or justice shall have authority to proceed in the matter as though the original proceeding had been in the court, and may make orders and impose penalties accordingly.
Source.
PL 316:16. RL 370:18.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:20-a - to 491:20-c Repealed by 2005, 177:18, II, eff. July 1, 2005.

491:20-a to 491:20-c Repealed by 2005, 177:18, II, eff. July 1, 2005. –
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:21 - Naturalization.

491:21 Naturalization. –
The superior court shall have and entertain jurisdiction of applications and other proceedings for the naturalization of aliens under any of the acts of congress in relation thereto.
Source.
1876, 47:1. GL 29:12. 1889, 37:1. PS 238:1. 1909, 65:1. PL 316:17. RL 370:19.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:22-a - Liability Coverage; Burden of Proof.

491:22-a Liability Coverage;  Burden of Proof. –
In any petition under RSA 491:22 to determine the coverage of a liability insurance policy, the burden of proof concerning the coverage shall be upon the insurer whether he institutes the petition or whether the claimant asserting the coverage institutes the petition.
Source.
1969, 255:1, eff. Aug. 19, 1969.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:22-b - Insurance Actions; Costs and Attorneys' Fees.

491:22-b Insurance Actions;  Costs and Attorneys' Fees. –
In any action to determine coverage of an insurance policy pursuant to RSA 491:22, if the insured prevails in such action, he shall receive court costs and reasonable attorneys' fees from the insurer.
Source.
1973, 458:1, eff. Aug. 29, 1973.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:22-c - Availability of Remedy.

491:22-c Availability of Remedy. –
The remedy of declaratory judgment to determine the coverage of a liability insurance policy under RSA 491:22, 22-a, and 22-b shall also be available in the United States district court for the district of New Hampshire when that court may properly adjudicate the matter under the laws of the United States.
Source.
1987, 150:1, eff. July 10, 1987.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:24 - Civil Suits Against Municipal Officials.

491:24 Civil Suits Against Municipal Officials. –
I. Whenever a municipal official or individual member of a municipal board or agency, who is subject to good faith immunity under the provisions of RSA 31:104 or the common law of New Hampshire, is sued personally for money damages and the plaintiff alleges injury or damage resulting from action taken in bad faith or with malice on the part of the official or member when acting in his or her official capacity, the superior court shall hold a preliminary hearing within 90 days of the service date specified by the court on the summons.
II. At the hearing the plaintiff shall demonstrate that the allegation of bad faith or malice is based upon information and belief formed after reasonable inquiry and well grounded in fact and that there is a substantial likelihood that, following discovery, evidence shall be adduced sufficient to create an issue for determination by the finder of fact. If the plaintiff fails in such demonstration, the action against such official or member shall be dismissed.
III. If, upon all the evidence presented at the hearing, the court determines that the action is frivolous or intended to harass or to influence the official actions or decisions of the municipal official or board member, the plaintiff shall pay the court costs and reasonable attorneys' fees of the defendant.
Source.
1989, 169:1, eff. Jan. 1, 1990. 2014, 204:32, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491 - Superior Court › Section 491:25 - Arrest Warrants; Copies Transmitted to State Police.

491:25 Arrest Warrants;  Copies Transmitted to State Police. –
A copy of each arrest warrant issued by a court shall be transmitted by computer to the division of state police. The state police shall make information regarding the warrant available to the arresting police department and all local police departments and sheriffs. In the eleventh month after the warrant is issued, the state police shall contact the court which issued the warrant for updated information and the court shall reissue the warrant if the state still has a case against the defendant.
Source.
1992, 257:25.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491-A - Judicial Salaries › Section 491-A:1 - Salaries Established.

[RSA 491-A:1 effective until July 12, 2024;  see also RSA 491-A:1  set out below.]
491-A:1 Salaries Established. –
The salaries for the positions set forth below shall be as follows:
Chief justice, supreme court
$204,076
Associate justices, supreme court
$197,937
Chief justice, superior court and administrative judges appointed pursuant to supreme court rule 54
$197,937
Associate justices, superior court
$185,638
District court justices prohibited from practice pursuant to RSA 502-A:21
$185,638
Probate judges prohibited from practice pursuant to RSA 547:2-a
$185,368
[RSA 491-A:1 effective July 12, 2024;  see also RSA 491-A:1  set out above.]
491-A:1 Salaries Established. –
The salaries for the positions set forth below shall be as follows:
Chief justice, supreme court
$208,157
Associate justices, supreme court
$201,895
Chief justice, superior court and administrative judges appointed pursuant to supreme court rule 54
$201,895
Associate justices, superior court
$189,350
District court justices prohibited from practice pursuant to RSA 502-A:21
$189,350
Probate judges prohibited from practice pursuant to RSA 547:2-a
$189,350
Source.
1981, 568:136, IV; 568:163, I. 1985, 405:10, 11. 1986, 179:1. 1987, 384:1; 401:10-12, 18. 1989, 213:1; 419:7, 8. 1993, 358:40, 41. 1997, 351:28. 1999, 225:37, 38. 2001, 158:93, 94. 2003, 311:3. 2005, 177:74-76, 96. 2007, 186:1, eff. July 1, 2007; 263:150, eff. July 6, 2007; 263:151, eff. Jan. 4, 2008; 263:152, eff. Jan. 2, 2009. 2011, 88:25, eff. July 1, 2011. 2013, 144:168, eff. July 12, 2013; 144:169, eff. July 11, 2014; 144:170, eff. Jan. 9, 2015. 2015, 274:14, eff. Jan. 8, 2016; 274:15, eff. Jan. 6, 2017. 2018, 162:18, eff. June 8, 2018; 162:19, eff. Jan. 4, 2019. 2021, 91:344, eff. July 2, 2021; 91:345, eff. July 1, 2022. 2023, 79:183, eff. July 14, 2023; 79:184, eff. July 12, 2024.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491-A - Judicial Salaries › Section 491-A:3 - District Court Justices; Salaries.

491-A:3 District Court Justices;  Salaries. –
I. For purposes of calculating the annual salaries of part-time district court justices appointed after July 1, 1987, the supreme court shall establish and revise as needed a weighted case value, relating the judicial time required for each type of case included in the court's jurisdiction, which when multiplied by the caseload of each court will produce the number of weighted case units for that court. Any revisions to the weighted case values shall be approved by the legislature. The number of weighted case units shall be calculated by the administrative office of the courts in July of each year, using caseload statistics for the preceding 12-month period. Said weighted case units shall serve as the basis for determining the salary of part-time justices for the next calendar year.
II. The following compensation schedule shall be used when calculating salaries for part-time district court justices, beginning July 1, 1987:
Weighted
Case Units
Step Increase Per 100 Case Units
1
2
3
4
5
0-499
$2,500
$3,217
$3,928
$4,642
$5,356
500-999
6,070
6,784
7,498
8,212
8,926
1000-1499
9,640
10,354
11,068
11,782
12,496
1500-1999
13,329
14,162
14,995
15,828
16,661
2000-2499
17,494
18,327
19,160
19,993
20,826
2500-2999
21,659
22,492
23,325
24,258
24,991
3000-3499
25,824
26,657
27,490
28,323
29,156
3500-3999
29,989
30,822
31,655
32,488
33,321
4000-4499
34,154
34,987
35,820
36,653
37,486
4500-4999
38,319
39,152
39,985
40,818
41,651
5000-5250
42,484
43,317
43,733
-
-
III. The salary of a part-time justice shall not exceed 70 percent of the taxable salary of a full-time district court justice as provided by RSA 491-A:1. Judicial time shall be measured in weighted case units which shall reflect judicial time required to process a case. The compensation per weighted case unit shall be proportional to the taxable compensation for a full-time judge. A part-time justice, whose weighted caseload equals 3.5 judicial days per week, shall receive the maximum salary as provided by this section. The compensation schedule provided by this section shall be based upon the taxable salary of a full-time district court justice pursuant to RSA 491-A:1.
IV. The supreme court, after reviewing population, caseload, judicial time and efficiency, available judicial resources, the needs of the judicial branch family division, and other relevant criteria may request the governor and council to designate a sitting part-time justice as a full-time justice. The court may recommend certain justices; however, the governor and council shall not be bound by that recommendation. Upon designation, that justice shall become full-time. Prior to making its request, there shall be funds in the court's budget specifically appropriated for the salary and benefits of an additional full-time district court justice.
Source.
1987, 272:1. 1992, 284:14. 1995, 308:47. 1998, 75:1. 2003, 311:4. 2005, 177:15, eff. July 1, 2005. 2012, 247:33, 34, eff. Aug. 17, 2012. 2015, 109:1, eff. June 5, 2015.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491-A - Judicial Salaries › Section 491-A:4 - Probate Judges; Salaries.

491-A:4 Probate Judges;  Salaries. –
I. For purposes of calculating the annual salaries of part-time judges appointed after October 3, 1986, the supreme court shall establish and revise as needed a weighted case value, relating the judicial time required for each type of case included in the court's jurisdiction, which when multiplied by the caseload of each court will produce the number of weighted case units for that court. Any revisions to the weighted case values shall be approved by the legislature. The number of weighted case units, as calculated annually by the administrative office of the courts, shall serve as the basis for determining the salary of part-time justices.
II. The following compensation schedule shall be used when calculating salaries for part-time probate judges from October 3, 1986:
Weighted
Case Units
Step Increase Per 100 Case Units
1
2
3
4
5
0-499
$2,500
$3,217
$3,928
$4,642
$5,356
500-999
6,070
6,784
7,498
8,212
8,926
1000-1499
9,640
10,354
11,068
11,782
12,496
1500-1999
13,329
14,162
14,995
15,828
16,661
2000-2499
17,494
18,327
19,160
19,993
20,826
2500-2999
21,659
22,492
23,325
24,258
24,991
3000-3499
25,824
26,657
27,490
28,323
29,156
3500-3999
29,989
30,822
31,655
32,488
33,321
4000-4499
34,154
34,987
35,820
36,653
37,486
4500-4999
38,319
39,152
39,985
40,818
41,651
5000-5250
42,484
43,317
43,733
-
-
III. The salary of a part-time justice shall not exceed 70 percent of the taxable salary of a full-time district court justice as provided by RSA 491-A:1. Judicial time shall be measured in weighted case units which shall reflect judicial time required to process a case. The compensation per weighted case unit shall be proportional to the taxable compensation for a full-time judge. A part-time justice, whose weighted caseload equals 3.5 judicial days per week, shall receive the maximum salary as provided by this section. The compensation schedule provided in this section shall be based upon the taxable salary of a full-time district court justice pursuant to RSA 491-A:1.
IV. The supreme court, after reviewing population, caseload, judicial time and efficiency, available judicial resources, the needs of the judicial branch family division, and other relevant criteria, may request the governor and council to designate a sitting part-time probate judge as a full-time judge. The court may recommend certain judges; however, the governor and council shall not be bound by that recommendation. Upon designation, that judge shall become full-time. Prior to making its request, there shall be funds in the court's budget specifically appropriated for the salary and benefits of an additional full-time probate judge.
Source.
1987, 384:3. 1992, 284:15. 1995, 308:48. 2003, 311:5. 2005, 177:16, eff. July 1, 2005. 2012, 247:35, 36, eff. Aug. 17, 2012.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 491-A - Judicial Salaries › Section 491-A:5 - Group Insurance Participation.

491-A:5 Group Insurance Participation. –
I. Full-time judges may participate in the group health and dental insurance plans provided full-time classified state employees according to eligibility rules established under the judicial branch uniform personnel classification and compensation system.
II. To the extent that a part-time justice of the district courts or a part-time judge of the probate courts is not covered by health and dental insurance through the judicial branch personnel policies, the part-time justice of the district courts or part-time judge of the probate courts may participate at his or her own expense in the group health and dental insurance plans afforded full-time state employees.
Source.
2002, 115:1, eff. July 2, 2002. 2017, 77:4, eff. June 2, 2017.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 492 - Disqualification of Justices › Section 492:1 - Counsel, Etc.

492:1 Counsel, Etc. –
A justice shall not sit in any case in which he has been concerned as party or attorney or in any appeal in which he has acted as judge in the court below, or act as attorney or be of counsel for either party or give advice in any matter pending or which may come before the court for adjudication.
Source.
RS 172:10. CS 181:28. 1855, 1659:23. GS 192:8. GL 211:8. PS 207:8. PL 319:8. RL 373:8.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 492 - Disqualification of Justices › Section 492:2 - Railroad Officer.

492:2 Railroad Officer. –
No justice of the supreme or superior court shall be an officer in any railroad corporation in this state.
Source.
1881, 55:2. PS 207:13. PL 319:12. RL 373:12.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 492 - Disqualification of Justices › Section 492:3 - Taxpayer.

492:3 Taxpayer. –
No justice shall be disqualified to sit because he is an inhabitant or taxpayer in the city or town which is a party to the case or is interested therein.
Source.
1885, 1659:15. GS 192:7. GL 211:7. PS 207:7. PL 319:7. RL 373:7.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 493 - Tenure of Judges › Section 493:1 - Record of Birth.

493:1 Record of Birth. –
No judge of any court shall exercise such office, perform any act therein, or receive any fee or salary therefor until he shall have deposited in the office of the secretary of state a copy of the record of his birth, attested by the clerk of the town in which he was born, or, if there is no such record, an affidavit, sworn to and subscribed by himself, stating, according to the best of his belief, the date and place of his birth.
Source.
RS 15:1. CS 15:1. GS 17:1. GL 18:1. PS 19:1. PL 18:1. RL 26:1.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 493 - Tenure of Judges › Section 493:2 - Age Limitation.

493:2 Age Limitation. –
Whenever any judge shall attain the age of 70 years, the office held by him shall become vacant, and such vacancy shall be filled according to law.
Source.
Const. II, 78. RS 15:2. CS 15:2. GS 17:2. GL 18:2. PS 19:2. PL 18:2. RL 26:2.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 493 - Tenure of Judges › Section 493:3 - Optional Retirement.

493:3 Optional Retirement. –
Any supreme or superior court judge, full-time district court judge, or full-time probate court judge who is eligible to retire pursuant to the provisions of RSA 100-C may retire. The judge shall give not less than 30 days' notice nor more than 90 days' notice of the judge's intention to retire to the chief justice of the supreme court or the administrative judge of the judge's court and to the governor and council and the board of trustees of the judicial retirement plan under RSA 100-C. If a chief justice wishes to retire, the chief justice shall give not less than 30 days' notice nor more than 90 days' notice of the chief justice's intention to retire to the senior associate justice of the chief justice's court and to the governor and council and the board of trustees of the judicial retirement plan under RSA 100-C. If an administrative judge wishes to retire, the administrative judge shall give not less than 30 days' notice nor more than 90 days' notice of the administrative judge's intention to retire to the chief justice of the supreme court and to the governor and council and the board of trustees of the judicial retirement plan under RSA 100-C. Retirement shall be effective upon acceptance by the governor and council. The vacancy created by the retirement of a judge shall be filled according to law.
Source.
1971, 210:1. 1975, 369:1. 2005, 292:1, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 493-A - Retired Judges; Judicial Referees › Section 493-A:1-a - Judicial Referees.

493-A:1-a Judicial Referees. –
I. Any full-time justice of the supreme, superior, district, or probate court who is mandatorily retired from either regular active service or senior active service upon reaching age 70, and any part-time district or probate court justice who is mandatorily retired upon reaching age 70, shall thereafter be eligible to serve as a judicial referee on the court from which he or she retired or on any other court in which his or her service as a referee is authorized by law.
II. A judicial referee may be assigned to take testimony, receive and review evidence, and make recommendations for findings of fact and conclusions of law in any court specified in paragraph I by the chief justice of the supreme court or superior court, from which the referee retired, or the administrative justice of any other court from which the referee retired. All recommendations of judicial referees shall be approved by a justice in regular active service or senior active service of the court to which the referee is assigned. The judge approving such recommendations shall certify that he or she has read the recommendations and agrees that the judicial referee has applied the correct legal standard to the facts determined by the judicial referee. A judicial referee shall not preside over jury trials and shall not enter final orders in any case.
III. Nothing in this section shall prevent a retired justice of the supreme, superior, district, or probate courts from sitting as a temporary justice of the supreme court when selected to do so pursuant to the procedures specified in RSA 490:3.
Source.
2005, 292:4, eff. July 1, 2005. 2010, 320:2, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 493-A - Retired Judges; Judicial Referees › Section 493-A:1-b - Compensation.

493-A:1-b Compensation. –
Any retired full-time justice of the supreme, superior, district, or probate court who serves after retirement as a senior active status justice or a judicial referee shall be allowed his or her expenses and a per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council and based on the daily equivalent of the annual salary the retired justice would then be earning pursuant to RSA 491-A:1; provided however, that in any calendar year the total of the service retirement benefits that the retired justice receives pursuant to RSA 100-C:5 plus the compensation provided by this section shall not exceed the annual salary the retired justice would then be earning pursuant to RSA 491-A:1.
Source.
2007, 263:70, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 493-A - Retired Judges; Judicial Referees › Section 493-A:1-c - Retired Justices Over 70 Years of Age.

493-A:1-c Retired Justices Over 70 Years of Age. –
No justice who has reached the mandatory retirement age of 70 years shall serve as a judge in any judicial capacity, except as a judicial referee pursuant to this chapter.
Source.
2011, 221:1, eff. Aug. 27, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 493-A - Retired Judges; Judicial Referees › Section 493-A:2 - Repealed by 2003, 311:10, III, eff. July 1, 2003.

493-A:2 Repealed by 2003, 311:10, III, eff. July 1, 2003. –
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 493-A - Retired Judges; Judicial Referees › Section 493-A:3 - Findings and Rulings.

493-A:3 Findings and Rulings. –
All questions of law with respect to findings and rulings of a judicial referee assigned to the superior court, including the question of the sufficiency of the evidence to support such findings, may, in the discretion of said court, be transferred to the supreme court without hearing or ruling by the superior court.
Source.
1961, 174:1, eff. Aug. 14, 1961.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494 - The Judicial Council › Section 494:1 - Judicial Council.

494:1 Judicial Council. –
There is hereby established a judicial council which shall consist of the following:
I. The 4 members of the judicial branch administrative council, appointed pursuant to supreme court rules.
II. The attorney general or designee.
III. A clerk of the superior court, selected by the chief justice of the superior court.
IV. A clerk of the circuit court, selected by the administrative judge of the circuit court.
V. The president-elect of the New Hampshire Bar Association.
VI. The chairperson of the senate judiciary committee or a designee from such committee appointed by the chairperson.
VII. The chairperson of the house judiciary committee or a designee from such committee appointed by the chairperson.
VIII. Eight other members appointed by the governor and council, 3 of whom shall be members of the New Hampshire Bar Association of wide experience who have been admitted to practice in the state for more than 5 years, and 5 of whom shall be members of the public who are not lawyers.
IX. Five other members appointed by the chief justice of the supreme court, 3 of whom shall be members of the New Hampshire Bar Association of wide experience who have been admitted to practice in the state for more than 5 years, and 2 of whom shall be members of the public who are not lawyers.
Source.
1945, 169:1, par. 1. 1951, 245:1. RSA 494:1. 1969, 395:1. 1971, 14:1. 1975, 330:1. 1981, 552:1. 1992, 284:16. 1995, 9:43, eff. June 11, 1995. 2015, 114:1, eff. Aug. 7, 2015.