reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494 - The Judicial Council › Section 494:2 - Appointment and Tenure of Office.

494:2 Appointment and Tenure of Office. –
The term of each member except the members of the judicial branch administrative council, the attorney general, the president-elect of the New Hampshire Bar Association, and the chairpersons of the senate judiciary committee and the house judiciary committee shall be for 3 years and until a successor is appointed and qualified. Vacancies shall be filled for the remainder of the term in the same manner and from the same group as the original appointment. Each member of the judicial branch administrative council, the attorney general, the president-elect of the New Hampshire Bar Association, and the chairpersons of the senate judiciary and house judiciary committees shall be ex officio members and shall serve during their term of office.
Source.
1945, 169:1, par. 2. 1951, 245:2. RSA 494:2. 1969, 395:2. 1971, 456:5. 1975, 330:2. 1981, 552:2. 1992, 284:17. 1995, 9:44, eff. June 11, 1995. 2015, 114:2, eff. Aug. 7, 2015.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494 - The Judicial Council › Section 494:3 - Duties of the Council.

494:3 Duties of the Council. –
It shall be the duty of the judicial council:
I. To serve as an institutional forum for the on-going and disinterested consideration of issues affecting the administration of justice.
II. To survey and study continuously the administration of justice within the state and the organization, procedure, practice, rules and methods of administration and operation of the courts of the state.
III. To devise ways of simplifying judicial procedure, expediting the transaction of judicial business, and of improving the administration of justice.
IV. To recommend and provide general information to the general court, to the supreme court, to the superior court, to the circuit court, to any public official, department or agency or to the state bar association, either upon request or upon the council's own motion, such changes in the law or in the rules, organization, operation or methods of conducting the business of the courts, or with respect to any other matter pertaining to the administration of justice, as it may deem desirable.
V. To serve as a catalyst for the discussion of legal and judicial issues through seminars, forums and special studies, and any other means, within the limits of available state and private funding.
VI. To administer the indigent defense delivery system and ensure its quality and cost effectiveness, pursuant to RSA 604-A and RSA 604-B.
VII. To provide legal and guardian-ad-litem services in child protection cases, pursuant to RSA 169-C:10, RSA 604-A, and RSA 170-C:13.
VIII. To provide legal services for indigent proposed wards in guardianship proceedings brought under RSA 463 and RSA 464-A.
Source.
1945, 169:1, par. 3. RSA 494:3. 1992, 284:18, eff. Jan. 1, 1993. 2015, 114:3, eff. Aug. 7, 2015.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494 - The Judicial Council › Section 494:4 - Biennial Reports.

494:4 Biennial Reports. –
The council shall report to the governor and council biennially on its activities and shall submit with the report its recommendations, if any, for improving the administration of justice. The biennial report, and any and all other reports, studies and recommendations may be printed, based upon available funding, and made available to members of the general court, the supreme, superior, probate and district and municipal courts and to the public.
Source.
1945, 169:1, par. 4. RSA 494:4. 1992, 284:19, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494 - The Judicial Council › Section 494:5 - Meetings.

494:5 Meetings. –
The regular meetings of the council shall be held in January, April and October of each year, and at such other times as the council or its chairman may determine.
Source.
1945, 169:1, par. 5. 1951, 245:3. RSA 494:5. 1975, 107:1. 1981, 552:3. 1992, 284:20, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494 - The Judicial Council › Section 494:6 - State and Other Officials; Cooperation.

494:6 State and Other Officials;  Cooperation. –
The judges and clerks of the courts of the state, sheriffs, county attorneys and all state, county or municipal officers shall render to the council such reports as it may request of matters within the scope of its duties.
Source.
1945, 169:1, par. 6. RSA 494:6. 1959, 12:1, eff. May 10, 1959.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494 - The Judicial Council › Section 494:7 - Organization of Council; Expenses.

494:7 Organization of Council;  Expenses. –
The council shall elect a chairperson and a vice chairperson from among its members. The council shall appoint an executive director who shall be qualified by reason of education and experience and who shall serve at the pleasure of the council. The executive director's annual salary shall be that prescribed by RSA 94:1-a. The executive director shall serve as a secretary when the council is meeting. The council may make all necessary rules and regulations for its own procedures and the conduct of its meetings. The meetings of the council shall be held in compliance with the provisions of RSA 91-A, the right-to-know law. Members of the council shall receive no compensation for their services, but shall be allowed their actual expenses while attending to the business of the council, and the council shall be allowed its expenses to be paid out of any funds appropriated for that purpose.
Source.
1945, 169:1, par. 7. RSA 494:7. 1992, 284:21, eff. Jan. 1, 1993. 2015, 114:4, eff. Aug. 7, 2015.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:1 - Judicial Conduct Commission Established.

494-A:1 Judicial Conduct Commission Established. –
A judicial conduct commission is hereby established which shall be completely independent of the New Hampshire court system and other branches of government. All complaints made against judges, as defined in RSA 494-A:2, IV, and clerks, as defined in RSA 494-A:2, I, shall be directed to the commission. The commission shall be administered by an executive director, appointed under RSA 494-A:3.
Source.
2001, 267:3. 2003, 319:171, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:2 - Definitions.

494-A:2 Definitions. –
In this chapter:
I. "Clerk" means a clerk of court or a deputy clerk, a register of probate or deputy register, a court stenographer or reporter, and any person performing the duties of a clerk, register, or reporter.
II. "Commission" means the judicial conduct commission established under RSA 494-A:1.
III. "Executive director" means the executive director of the commission appointed under RSA 494-A:3.
IV. "Judge" means a full-time or part-time judge of the supreme, superior, district, or probate court; a retired judge who is recalled to judicial service; a full-time marital master; and any referee or special master who is an officer of the judicial system and who performs judicial functions.
Source.
2001, 267:3. 2002, 250:8, eff. May 17, 2002.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:3 - Executive Director; Appointment and Duties.

494-A:3 Executive Director;  Appointment and Duties. –
I. The commission shall select and appoint an executive director as the administrator of the commission. The executive director shall be appointed by majority vote of the commission after 30 days public notice and a public hearing. The executive director shall hold office for a term of 5 years. The executive director may be removed from office by vote of 2/3 of the commission. The executive director may be reappointed using the same procedure for appointment. The executive director shall be a nonclassified state employee.
II. The executive director shall be the administrative head of the commission. The duties of the executive director shall also include:
(a) Employing and supervising commission staff, under RSA 494-A:17.
(b) Submitting an annual report to the governor, senate president, speaker of the house, and chief justice of the supreme court, by October 1 of each year, which details the performance of the commission for the preceding fiscal year. This report shall be a public document.
(c) Submitting budgets to be funded through general funds in the biennial operating budget.
(d) Acting as secretary for all commission meetings.
Source.
2001, 267:3, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:4 - Commission Membership.

494-A:4 Commission Membership. –
The commission shall consist of the following 11 members:
I. Three judges, consisting of one judge or retired judge from each of the superior court, district court, and probate court, appointed by the chief justice of the supreme court with the concurrence of the majority of the supreme court members.
II. Two members appointed by the president of the New Hampshire Bar Association; one member to be approved by the governor and one member to be approved by the president of the senate and the speaker of the house.
III. Two public members who are not judges, attorneys, or elected or appointed public officials, appointed by the governor.
IV. Two public members who are not judges or attorneys, appointed by the senate president.
V. Two public members who are not judges or attorneys, appointed by the speaker of the house.
Source.
2001, 267:3, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:5 - Terms of Office.

494-A:5 Terms of Office. –
I. The initial terms of office shall be staggered as follows:
(a) For the members appointed under RSA 494-A:4, I, one member shall be appointed for 2 years, one member shall be appointed for 3 years, and one member shall be appointed for 4 years.
(b) For the members appointed under RSA 494-A:4, II, one member shall be appointed for 3 years and one member shall be appointed for 4 years.
(c) For the members appointed under RSA 494-A:4, III, one member shall be appointed for 3 years and one member shall be appointed for 4 years.
(d) For the members appointed under RSA 494-A:4, IV, one member shall be appointed for 2 years and one member shall be appointed for 3 years.
(e) For the members appointed under RSA 494-A:4, V, one member shall be appointed for 3 years and one member shall be appointed for 4 years.
II. After the initial appointment, a member may be reappointed for an additional term of 4 years. Members may not serve more than 2 consecutive terms. Members who have served 2 consecutive terms may not be reappointed until they have been off the commission for a period of 4 years. Notwithstanding the term limits established in this paragraph, members may serve until their successors have been appointed.
III. Commission members shall serve without compensation for their services, but shall be reimbursed for necessary expenses incurred in the performance of their duties.
Source.
2001, 267:3. 2002, 250:9, eff. May 17, 2002.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:6 - Vacancies.

494-A:6 Vacancies. –
I. A vacancy in the office of the commission occurs:
(a) At the expiration of a member's term.
(b) When a member ceases to hold the office, by submitting his or her resignation to the commission, or for some other reason.
(c) When a non-attorney or non-judge member becomes an attorney or judge.
(d) When an attorney member ceases to be a member of the New Hampshire bar, is elected or appointed to public office, or is appointed a judge.
(e) When a member ceases to be domiciled in New Hampshire.
(f) When removed by the commission as provided in RSA 494-A:16.
II. A vacancy shall be filled by the same appointing authority. The successor shall have the same qualifications as the person who is being replaced. If the vacancy results from other than expiration of the term, the successor shall hold office for the unexpired term.
Source.
2001, 267:3, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:7 - Disqualification.

494-A:7 Disqualification. –
I. No member shall participate in any proceeding before the commission involving his or her conduct or in which he or she is a witness or is otherwise involved.
II. No member shall participate in any proceeding in which his or her impartiality might reasonably be questioned.
III. If a member is disqualified under this section, the commission may vote to name an alternate in his or her place.
IV. If the entire commission is disqualified under this section, the appointing authorities under RSA 494-A:4 shall name alternates.
Source.
2001, 267:3. 2002, 250:12, eff. May 17, 2002.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:8 - Numbers for Quorum and Action.

494-A:8 Numbers for Quorum and Action. –
Six members of the commission shall be a quorum. Six members shall be necessary to take routine action. A vote of 7 members shall be required to take or recommend any disciplinary action.
Source.
2001, 267:3, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:9 - Election of Chairperson and Vice Chairperson.

494-A:9 Election of Chairperson and Vice Chairperson. –
The members of the commission shall elect their own chairperson and vice chairperson.
Source.
2001, 267:3, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:10 - Duties; Proceedings.

494-A:10 Duties;  Proceedings. –
I. The commission shall be responsible for addressing complaints concerning the conduct of judges and clerks in the courts of this state. The commission shall determine if a complaint constitutes conduct which violates the Code of Judicial Conduct. The commission shall adopt rules for its proceedings under this chapter. After notice and hearing, the commission may impose disciplinary actions with regard to a complaint by reprimand or censure. If the commission finds evidence of criminal acts, it shall report such evidence to the attorney general. If the commission finds that a judge's or clerk's conduct warrants the removal of the judge or clerk, the commission shall refer the matter to the legislature.
II. The commission shall, by rules under RSA 494-A:12, adopt a Code of Judicial Conduct based on the Model Code of Judicial Conduct (August 1990), as adopted by the House of Delegates of the American Bar Association on August 7, 1990. The Code also shall address the professional conduct of clerks as defined in RSA 494-A:2, I.
Source.
2001, 267:3. 2002, 250:10, eff. May 17, 2002.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:11-a - Access to Information; Hearings on Confidential Cases.

494-A:11-a Access to Information;  Hearings on Confidential Cases. –
I. Notwithstanding any other provision of law to the contrary, a person subject to the code of judicial conduct may provide to the members of the judicial conduct commission, its staff and agents, and in the performance of its official duties the judicial conduct commission may review, any tapes, transcripts, records of proceedings, information, files, and other documents which would otherwise be confidential. No member, staff, or agent of the judicial conduct commission shall disclose such information except in the course of official duty.
II. In a hearing under RSA 494-A:11, II if any part of the complaint involves the conduct of a person in a case required to be confidential by law, the commission may, by majority vote, conduct the hearing, or any part thereof, in a session not open to the public. In such circumstances the commission shall make available to the public a summary of the nature of the complaint, the names of the person complained against and the complainant, and the decision of the committee.
Source.
2003, 147:1, eff. June 17, 2003.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:12 - Rules.

494-A:12 Rules. –
The commission shall have the authority to adopt rules, after public notice and hearing, necessary to perform the objectives of this chapter. The commission shall employ the rules used by the supreme court on the effective date of this chapter as interim rules, to the extent that they are not inconsistent with this chapter. The commission shall adopt its own rules as soon as practicable which shall replace such interim rules, but in no event later than July 1, 2002. Prior to the adoption of any rule, or the amendment or repeal thereof, the commission shall publish or otherwise circulate notices of its intended action and afford interested parties the opportunity to submit comments either orally or in writing.
Source.
2001, 267:3, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:14 - Appeals.

494-A:14 Appeals. –
An aggrieved party may appeal an order or decision of the commission to the supreme court, provided that such appeals shall be limited to consideration of matters of procedure and errors of law.
Source.
2001, 267:3, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:15 - Funding.

494-A:15 Funding. –
The commission shall prepare and administer its own budget, including funding for such items as staff, office space, and operating expenses. Funding shall be authorized by the legislature only from sources other than those appropriated for the judicial branch.
Source.
2001, 267:3, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:16 - Removal.

494-A:16 Removal. –
The chairperson, with the majority of the commission, may remove a member for cause, including unexcused absences or serious violations of a commission rule.
Source.
2001, 267:3, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:17 - Staff and Facilities.

494-A:17 Staff and Facilities. –
I. The executive director shall, with the approval of the commission, hire staff, which may include attorneys, investigators, and clerks, as may be necessary to carry out the duties of the commission. The executive director may contract for such temporary professional, administrative, and clerical services as deemed necessary by the commission. Full-time staff shall be nonclassified personnel who shall be entitled to state employee benefits.
II. The commission shall select office space, which shall be as independent as possible from other facilities of any branch of government.
Source.
2001, 267:3, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:18 - Administrative Support.

494-A:18 Administrative Support. –
Notwithstanding RSA 494-A:1, upon request of the commission, the department of administrative services shall assist the commission in matters related to personnel and benefits administration, purchasing, telecommunications, enterprise applications management, and property management. Upon request of the commission, the state library shall assist the commission in development and maintenance of a web page on the official state website.
Source.
2002, 250:6, eff. May 17, 2002. 2022, 138:8, eff. Aug. 6, 2022.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 494-A - Judicial Conduct Commission › Section 494-A:19 - Legal Costs.

494-A:19 Legal Costs. –
With the approval of the joint legislative fiscal committee, the commission may employ counsel, attorneys, and other assistants, in case of reasonable necessity, and may pay them reasonable compensation. The governor is authorized to draw a warrant for the costs of such compensation out of any money in the treasury not otherwise appropriated.
Source.
2002, 250:6, eff. May 17, 2002.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 495 - Statements Out of Court › Section 495:1 - Statements to Judges.

495:1 Statements to Judges. –
No judge, justice, magistrate, county commissioner or commissioners in whose court or before whom any suit at law or in equity, petition or other proceeding is pending or to be heard or tried shall listen to any statements in regard thereto, except in open court or in the presence of all parties thereto.
Source.
1874, 100:1. GL 211:9. PS 207:10. PL 319:9. RL 373:9.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 495 - Statements Out of Court › Section 495:2 - Contempt.

495:2 Contempt. –
Any person who shall make any statements in regard to the merits of any such cause, suit or proceeding to any judge, justice, magistrate or county commissioner, except in open court or in the presence of all parties, shall be deemed guilty of contempt and shall be fined not more than $50.
Source.
1874, 100:2. GL 211:10. PS 207:11. PL 319:10. RL 373:10.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 495 - Statements Out of Court › Section 495:3 - Statement as Ground for Continuance.

495:3 Statement as Ground for Continuance. –
Any statement provided for in RSA 495:2, if made by a party to the suit or proceeding, shall be the ground for a continuance thereof, with costs.
Source.
1874, 100:3. GL 211:11. PS 207:12. PL 319:11. RL 373:11.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 496 - Terms of the Superior Court › Section 496:1 - Time; Place.

496:1 Time;  Place. –
I. Terms of the superior court shall be held annually at the following places in the following counties or judicial districts thereof:
(a) For the county of Belknap: At Laconia.
(b) For the county of Carroll: At Ossipee.
(c) For the county of Cheshire: At Keene.
(d) For the county of Coos: At Lancaster.
(e) For the county of Grafton: At North Haverhill in the Town of Haverhill.
(f) For the county of Hillsborough: At Manchester for the northern judicial district and at Nashua for the southern judicial district. The northern judicial district shall include and serve the city of Manchester and the towns of Amherst, Antrim, Bedford, Bennington, Deering, Francestown, Goffstown, Greenfield, Hancock, Hillsborough, Lyndeborough, Mont Vernon, New Boston, Peterborough, Weare and Windsor. The southern judicial district shall include and serve the city of Nashua and the towns of Brookline, Greenville, Hollis, Hudson, Litchfield, Mason, Merrimack, Milford, New Ipswich, Pelham, Sharon, Temple and Wilton.
(g) For the county of Merrimack: At Concord.
(h) For the county of Rockingham: At Brentwood.
(i) For the county of Strafford: At Dover.
(j) For the county of Sullivan: At Newport.
II. The times for holding the terms of court at the places designated in each county shall be established by rule of the superior court, which shall provide for the holding of not less than 2 terms annually in each county.
III. For offenses committed on or after the effective date of this paragraph in the county of Hillsborough, where the trial is scheduled at a time when the courthouse for the northern judicial district of the county of Hillsborough is closed for renovations, the judicial district for purposes of part I, article 17 of the New Hampshire Constitution, as well as for jury selection pursuant to RSA 500-A:2, shall be the entire county of Hillsborough.
IV. For civil jury trials in the county of Hillsborough, where the trial is scheduled at a time when the courthouse for the northern judicial district of the county of Hillsborough is closed for renovations, the judicial district for purposes of jury selection pursuant to RSA 500-A:2, shall be the entire county of Hillsborough.
Source.
1901, 78:15. 1915, 158:1. 1919, 32:1. 1921, 146:1. PL 318:1. 1929, 158:1. 1933, 121:1. 1941, 143:1. RL 372:1. 1953, 93:1. RSA 496:1. 1965, 41:1. 1967, 59:1. 1969, 100:1; 174:1. 1983, 382:19. 1992, 284:22, 23. 2008, 385:3, eff. July 11, 2008. 2010, 193:3, 6, eff. June 21, 2010.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 496 - Terms of the Superior Court › Section 496:3 - Adjournment of Sitting to Another Place.

496:3 Adjournment of Sitting to Another Place. –
In counties having more than one place for holding terms, the court may, for the convenience of parties, adjourn its sitting to any other of the places in such county designated for holding terms.
Source.
1915, 158:2. 1921, 146:2. PL 318:2. RL 372:3.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 496 - Terms of the Superior Court › Section 496:4 - Jurors' Mileage.

496:4 Jurors' Mileage. –
When such adjournment involves transferring the jury, jurors so transferred shall be entitled to such extra mileage as may be reasonable, to be determined by the presiding justice.
Source.
1915, 158:2. 1921, 146:2. PL 318:3. RL 372:4.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 496 - Terms of the Superior Court › Section 496:5 - Officers' Compensation.

496:5 Officers' Compensation. –
The clerk of court, and the sheriff and his deputies in attendance, shall, upon such adjournment, be allowed such extra compensation as may be reasonable, to be determined by the presiding justice.
Source.
1915, 158:2. 1921, 146:2. PL 318:4. RL 372:5.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:1 - Jurisdiction.

498:1 Jurisdiction. –
The superior court shall have the powers of a court of equity in the following cases: charitable uses; trusts other than those trusts described in RSA 564-A:1, over which the probate court has exclusive jurisdiction as provided in RSA 547:3, I(c) and (d); fraud, accident and mistake; the affairs of partners, joint tenants or owners and tenants in common; the redemption and foreclosure of mortgages; contribution; waste and nuisance; the specific performance of contracts; discovery; cases in which there is not a plain, adequate and complete remedy at law; and in all other cases cognizable in a court of equity, except that the court of probate shall have exclusive jurisdiction over equitable matters arising under its subject matter jurisdiction authority in RSA 547, RSA 547-C and RSA 552:7.
Source.
RS 171:6. CS 181:9. 1855, 1659:12. GS 190:1. GL 209:1. 1885, 87:1. 1887, 77:2. PS 205:1. PL 317:1. RL 371:1. RSA 498:1. 1971, 179:9. 1992, 284:24. 2006, 91:1, eff. May 5, 2006.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:2 - Procedure.

498:2 Procedure. –
The court may hear and determine such cases according to the course of equity, and may grant writs of injunction whenever the same are necessary to prevent fraud or injustice.
Source.
RS 171:6. CS 181:9. 1855, 1659:12. GS 190:1. GL 209:1. 1885, 87:1. 1887, 77:2. PS 205:1. PL 317:2. RL 371:2.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:2-a - Insurance Coverage Disclosure in Tort Cases.

498:2-a Insurance Coverage Disclosure in Tort Cases. –
At any time after suit for negligence and an appearance on behalf of the defendant have been filed, the named defendant, or his or her insurance carrier if he or she is insured as to the claim, shall disclose only to the claimant or his or her counsel the policy limits of the policy or policies of all liability insurance applicable to the defendant as to such claim.
Source.
1969, 422:1, eff. Aug. 31, 1969. 2010, 297:1, eff. Jan. 1, 2011.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:4 - Deviation From Terms of Trust.

498:4 Deviation From Terms of Trust. –
In all cases where by reason of a change of circumstances which has occurred, shall occur, or is reasonably foreseeable, subsequent to the creation, heretofore or hereafter, of a trust by any deed, will or other instrument, compliance by the trustee or trustees with the terms of the trust relating to the property or the kinds or classes of property which may be held under the trust would defeat or substantially impair the accomplishment of the purposes of the trust, the court may, upon the filing by the trustee of a bill in equity for instructions and upon notice to all parties in interest, enter a decree permitting the trustee to deviate from such terms of the trust and directing the trustee, if necessary to carry out the purposes of the trust, to sell all or any part of the property held under the trust and to invest the proceeds of such sale in kinds or classes of property which are lawful investments for trustees of estates. No such decree, after its entry, shall thereafter operate to relieve any trustee of any duty imposed by law relating to the investment of trust funds and the exercise of reasonable care for the preservation thereof. This section shall not be construed to limit or restrict the general equitable jurisdiction of the court over trustees, trusts or trust funds.
Source.
1941, 206:1. RL 371:4.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:4-a - Cy Pres Doctrine.

498:4-a Cy Pres Doctrine. –
I. The superior court shall exercise jurisdiction pursuant to RSA 498:4-a through RSA 498:4-e only where the claims or defenses raised are related to a matter otherwise pending before or within the jurisdiction of the superior court. In all other cases involving the doctrine of cy pres, jurisdiction shall lie in the probate court.
II. If property is or has been given in trust to be applied to a charitable purpose, and said purpose or its application is or becomes impossible or impracticable or illegal or obsolete or ineffective or prejudicial to the public interest to carry out, the trust will not fail. Upon petition by the trustee or trustees or the attorney general, the superior court may direct the application of the property to some charitable purpose which is useful to the community, and which charitable purpose fulfills as nearly as possible the general charitable intent of the settlor or testator. In applying the doctrine of cy pres, the court may order the distribution of the trust assets to another charitable trustor to a charitable corporation to be held and administered by it in accordance with the terms of the governing instrument as said terms may be modified by the application of cy pres under this section and RSA 498:4-b.
III. Prior to any court proceeding under this chapter on the intent to offer for sale or change the use of any land, buildings, or both, given, devised, or bequeathed to the town for charitable purposes, the municipality shall hold at least one public hearing with no less than 14 days notice.
Source.
1971, 516:1. 2007, 221:1. 2008, 109:2, eff. July 27, 2008.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:4-b - Federal Taxation.

498:4-b Federal Taxation. –
Whenever it shall be made to appear to the court that the intention of the testator or settlor of a charitable trust will be frustrated in whole or in part by reason of a tax imposed under the United States Internal Revenue Code on the income or principal of the trust, or by reason of administrative burden or disproportionate cost of administration, then the court, in order to prevent the diversion of funds from the charitable purpose by federal taxation, may enter a decree:
I. Modifying or enlarging the powers granted the trustee, or declaring that a trustee does not have certain powers under New Hampshire law to the extent necessary in order to bring the terms of the governing instrument into compliance with the tax exemption requirements of federal law.
II. Authorizing the trustee to make charitable distributions from principal.
III. Terminating the trust and directing the distribution of the trust assets to another charitable trust or to a charitable corporation, to be held and administered in accordance with the terms of the governing instrument as said terms may be modified by the application of cy pres under RSA 498:4-a and this section.
IV. Removing the trustee or trustees, or directing the appointment of new or additional trustees.
V. Reducing or limiting the charitable organizations or classes of charitable organizations or charitable objects which may be benefited under the trust instrument.
Source.
1971, 516:1, eff. Sept. 5, 1971.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:4-c - Inapplicability of Cy Pres.

498:4-c Inapplicability of Cy Pres. –
Whenever it shall appear to the court that any proposed cy pres application would not be proper because it is in violation of New Hampshire law, the court shall enter a decree denying said proposed cy pres application and stating the reason therefor.
Source.
1971, 516:1, eff. Sept. 5, 1971.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:4-d - Definitions.

498:4-d Definitions. –
For the purposes of this section and for the purposes of any petition for deviation under RSA 498:4 or under common law equity powers the following words shall have the meanings ascribed hereinbelow unless the context indicates otherwise:
I. "Charitable trust" shall mean any fiduciary relationship with respect to property arising as a result of a manifestation of an intention to create it and subjecting the person by whom the property is held to equitable duties to deal with the property for charitable or community purposes.
II. "Trustee" shall mean:
(a) Any individual, group of individuals, corporation or other legal entity holding property in trust pursuant to any charitable trust or charitable purpose.
(b) A corporation formed for the administration of a charitable trust pursuant to the directions of the settlor or at the instance of the trustee.
Source.
1973, 99:1, eff. July 7, 1973.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:4-e - Termination of Charitable Trusts.

498:4-e Termination of Charitable Trusts. –
If the superior court, upon application by the trustee or trustees, finds that the continuance of a charitable trust is impracticable or unfeasible, and that the charitable purpose of the settlor or testator can be accomplished by a transfer of the trust assets to another charitable trust or corporation, or to the beneficiaries of said trust, the trust is subject to termination by the court upon such terms and conditions as it may impose. This section shall not be construed to limit or restrict the general equitable jurisdiction of the court over trustees, trusts or trust funds.
Source.
1973, 234:1, eff. Aug. 18, 1973.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:5-a - Real and Personal Property; Disputed Titles.

498:5-a Real and Personal Property;  Disputed Titles. –
An action may be brought in the superior court by any person claiming title to, or any interest in, real or personal property, or both, against any person who may claim to own the same, either in fee, for years, for life or in reversion or remainder, or to have any interest in the same, or any lien or encumbrance thereon, adverse to the plaintiff, or in whom the land records disclose any interest, lien, claim or title conflicting with the plaintiff's claim, title or interest, whether or not the plaintiff is entitled to the immediate or exclusive possession of such property, for the purpose of determining such adverse estate, interest or claim, and to clear up all doubts and disputes and to quiet and settle the title to the same, except that the court of probate shall have exclusive jurisdiction over disputes in title arising under RSA 547 and RSA 547-C. An action may also be brought in the superior court by the holder of a tax collector's deed who desires to quiet his title to the property conveyed under such deed. The petition in either such action shall describe the property in question and state the plaintiff's claim, interest or title and the manner in which the plaintiff acquired such claim, interest or title and shall name the person or persons who may claim such adverse estate or interest.
Source.
1971, 292:1. 1992, 284:25, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:5-b - Title in Persons Unknown and Persons Not Located.

498:5-b Title in Persons Unknown and Persons Not Located. –
In any action brought under the provisions of RSA 498:5-a, if the plaintiff therein alleges that there are or that he believes there are or that there may be persons who have or may have some estate or interest in such real or personal property, but such persons cannot be located and are unknown to the plaintiff, and describes the actual or possible estate or interest of such person or persons, and how derived, so far as may be known to him from the available land records or otherwise, or if the party who may have an interest or estate in such property is a corporation whose corporate existence has been legally terminated or such corporation is no longer in existence or doing business, and in the complaint the plaintiff describes as parties defendant "the unknown persons who claim any interest or estate in and to the subject matter of this action," it shall not be necessary to set forth therein any further description of such unknown persons. If the plaintiff or his attorney annexes to the complaint in such action an affidavit setting forth such facts and in addition sets forth the efforts which were made to ascertain the names and addresses as well as the interest or estates of such unknown persons, the court to which such action is brought may make such order relative to the notice which shall be given in such cause as such court deems reasonable. Such notice, having been given according to the order and duly proven, shall be sufficient to confer jurisdiction of all such unknown persons and the court may proceed to a hearing of the cause at the first term or session, or afterwards as it deems proper. Such court in its discretion may appoint any guardian or other person to represent such unknown persons under any legal disabilities and all such persons shall be concluded by any decree or judgment in respect to the real or personal property involved in such action.
Source.
1971, 292:1, eff. Aug. 22, 1971.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:5-c - Defendants in Title Disputes; Costs.

498:5-c Defendants in Title Disputes;  Costs. –
Each defendant in an action brought under the provisions of RSA 498:5-a shall, in his answer, state whether or not he claims any estate or interest in, or encumbrance on, such property, or any part thereof, and, if so, the nature and extent of the estate, interest or encumbrance which he claims, and he shall set out the manner in which such estate, interest or encumbrance is claimed to be derived. No judgment for costs shall be rendered in such action against any defendant, who, by his answer, disclaims all estate or interest in or encumbrance on such property, but costs shall be taxed in his favor at the discretion of the court; and the court shall, in any such case, without further proof, render judgment that such defendant has no estate, interest in or encumbrance on such property or any part thereof.
Source.
1971, 292:1, eff. Aug. 22, 1971.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:5-d - Decrees.

498:5-d Decrees. –
I. The court in any action brought under the provisions of RSA 498:5-a shall hear the several claims and determine the rights of the parties, whether derived from deeds, wills or other instruments or courses of title, and may determine the construction of the same, and may render judgment determining the questions and disputes and quieting and settling the title to such property. In any case in which a tax sale is adjudged invalid, the court, as a condition precedent to the entry of a decree setting aside such sale, shall require the claimant of the property in question to pay to the purchaser a sum of money equal to the amount paid by such purchaser at the tax sale in question, including fees prescribed by law and the amounts paid by such purchaser to satisfy any taxes assessed against the property in question subsequent to such tax sale, with interest thereon at the legal rate from the date of such sale or date of payment of such subsequent taxes to the date of the decree.
II. If the provisions of RSA 80:58-86 are adopted by a municipality as provided in RSA 80:87, the provisions of paragraph I relative to tax sales shall not apply.
Source.
1971, 292:1. 1987, 322:3. 1996, 76:1, eff. Jan. 1, 1997.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:5-e - Extinguishment of Mineral Rights.

498:5-e Extinguishment of Mineral Rights. –
I. A person claiming title to real property may bring an action in superior court to extinguish rights to minerals deeded at least 50 years before the filing of the action, by a predecessor in title, to any person who is unknown to the plaintiff or cannot be located, or if the party who may hold such mineral rights is a corporation no longer in existence or doing business or whose existence has been legally terminated.
II. If the plaintiff describes in the complaint as parties defendant "the unknown persons who claim any interest or estate in (and to) the subject matter of this action," it shall not be necessary to set forth any further description of the unknown persons. If the plaintiff annexes to the complaint an affidavit setting forth the facts and the efforts made to ascertain the names and addresses of the unknown persons, the court may make a reasonable order relative to notice. Notice given under the order shall confer jurisdiction over all such unknown persons and the court may proceed to a hearing.
III. The court in any action brought under this section shall hear any claims, and if the court finds that the claims have been on record for 50 years or more before the date on which the action is filed, the court may enter a decree that the owners of the mineral rights shall be forever barred from enforcing them against the plaintiff, his heirs, and assigns.
Source.
1981, 193:1, eff. Aug. 1, 1981.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:6 - Water Rights.

498:6 Water Rights. –
Any legal right, public or private, infringed by a change in the water level of a natural lake or pond, or by the casting or dropping into a watercourse of sawdust or other waste of a saw or lumber mill or any other material, and the water rights of riparian proprietors on a stream may be ascertained and enforced in a constitutional manner on a bill in equity without prior ascertainment of the right by an action at law; and rights of boating, fishing and navigation may be enforced on a bill in equity brought by the attorney general in the name of the state.
Source.
1885, 87:1, 2. PS 205:3. PL 317:5. RL 371:6.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:7 - Detained Goods.

498:7 Detained Goods. –
When goods or chattels are unlawfully withheld from the owner, proceedings in equity may be had for a discovery, for a restoration of the property and for such other relief as justice may require.
Source.
GS 190:2. GL 209:2. PS 205:6. PL 317:6. RL 371:7.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:8 - Creditors' Bills.

498:8 Creditors' Bills. –
When an estate, property, interest, right, or credit, legal or equitable, of a debtor against whom execution has been issued and returned unsatisfied is alleged to be so held that it cannot be reached, or to have been conveyed by the debtor in fraud of his creditors, or to be held by others for the debtor's use, proceedings in equity may be had for a discovery and for relief; and the court shall make proper decrees and orders, and issue proper process to compel a discovery, to prevent a transfer of the property and to make application of so much thereof as in justice ought to be applied in satisfaction of the debt.
Source.
1845, 234:1, 2. CS 181:19, 20. GS 190:3. GL 209:3. PS 205:7. PL 317:7. RL 371:8.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:9 - Limitation.

498:9 Limitation. –
The provisions of RSA 498:8 shall not apply to property exempt from attachment or to trust assets or a beneficiary's or settlor's interest in a trust to the extent protected by article 5 of RSA 564-B from the claim, attachment or reach of a creditor or assignee.
Source.
1845, 234:1. CS 181:19. GS 190:4. GL 209:4. PS 205:8. PL 317:8. RL 371:9. RSA 498:9. 1996, 180:3. 2004, 130:8, eff. Oct. 1, 2004.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:10 - Place of Hearing.

498:10 Place of Hearing. –
Causes in equity pending in one county, and motions and applications therein, may, upon reasonable notice to the parties or their attorneys, be heard and determined in any other county.
Source.
GS 190:11. GL 209:11. PS 205:17. PL 317:9. RL 371:10.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:11 - Entry of Orders.

498:11 Entry of Orders. –
Decrees and orders made by a justice, or by the court, when the clerk for the county in which the suit is pending is not in attendance shall be certified and forthwith transmitted, with the papers connected therewith, to the clerk, and be by him entered of record.
Source.
GS 190:13. GL 209:13. PS 205:19. PL 317:10. RL 371:11.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:12 - Interlocutory Orders.

498:12 Interlocutory Orders. –
The appointment of commissioners and receivers, the reference of questions to masters, granting writs of injunction to stay proceedings or waste, making interlocutory decrees or orders and other incidental proceedings may be had and done by the superior court in any county, but injunctions so issued shall continue, unless sooner dissolved, only until the end of the next term for the county in which the proceedings are pending.
Source.
1855, 1659:12. GS 190:12. GL 209:12. PS 205:18. 1909, 67:1. 1911, 33:1. PL 317:11. RL 371:12. RSA 498:12. 1967, 132:22, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title LI - Courts › Chapter 498 - Equity Powers and Proceedings › Section 498:13 - Fees of Masters, Etc.

498:13 Fees of Masters, Etc. –
In special cases the court may, within the appropriation limits established by the legislature, allow a reasonable compensation to masters for their services and expenses, including stenographer's fees in cases where the employment of a stenographer is authorized by the court, which shall be paid by the state.
Source.
1855, 1659:12. GS 190:12. GL 209:12. PS 205:18. 1909, 67:1. 1911, 33:1. PL 317:12. RL 371:13. RSA 498:13. 1983, 383:22, eff. Jan. 1, 1984.