New Hampshire Legal Directory: 16 Resources for Lawyers (2024)

New Hampshire State Government

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Overview and Function

The New Hampshire State Government operates under a republican form of government modeled after the federal system of the United States. Established by the New Hampshire State Constitution, it consists of three distinct branches: executive, legislative, and judicial. The executive branch is led by the Governor, currently Republican Chris Sununu, who serves as the state's chief executive officer. The legislative branch, known as the New Hampshire General Court, comprises a 24-member Senate and a 400-member House of Representatives, making it one of the largest state legislatures in the United States. The judicial branch is headed by the New Hampshire Supreme Court, which interprets state laws and the constitution. This tripartite system ensures a balance of power and provides checks and balances within the state government structure.

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Structure and Operation

The executive branch of New Hampshire's government includes the Governor, Executive Council, and various state agencies. The Governor, elected every two years, has the power to veto legislation and appoint heads of state agencies. The unique five-member Executive Council advises the Governor and must approve many of the Governor's actions, including judicial appointments and state contracts over $10,000. The legislative branch, the General Court, meets annually, with regular sessions beginning in January. Bills can be introduced in either chamber and must pass both houses before being sent to the Governor for approval. The judicial branch consists of the Supreme Court, Superior Court, Circuit Court, and specialized courts such as the Probate Court. New Hampshire's court system is unified, meaning all courts are supervised by the Supreme Court. The state's local government is primarily organized at the town level, with 234 towns and 13 cities, each operating under different governance structures.

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Key Information for Legal Professionals

Legal professionals interacting with the New Hampshire State Government should be aware of several key aspects. The state's legislative process is accessible through the General Court website, where bills, hearing schedules, and legislative updates are posted. For those practicing administrative law, the state agencies page provides links to individual department websites, where administrative rules and regulations can be found. The New Hampshire Supreme Court issues all rules governing practice and procedure in state courts. These rules, along with recent opinions and orders, are available on the New Hampshire Judicial Branch website. Attorneys should note that New Hampshire has adopted the Uniform Bar Examination (UBE) for admission to the bar, and continuing legal education is mandatory for licensed attorneys.

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Public Access and Resources

New Hampshire prioritizes transparency and public access to government information. The state's official website, NH.gov, serves as a central hub for accessing state services, forms, and information. Citizens can use this portal to register to vote, obtain vital records, renew driver's licenses, and access various other state services. The Government section of the website provides directories of elected officials, state agencies, and local governments. For those interested in legislative matters, the General Court website offers live streaming of legislative sessions and committee hearings. The New Hampshire Right to Know Law ensures public access to government records and meetings, with procedures for requesting information outlined on agency websites. The state also maintains an open data portal, providing access to datasets on topics ranging from budget information to environmental statistics.

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Frequently Asked Questions

Many people wonder about the political landscape of New Hampshire. As of 2023, Republicans control the state's Senate, House of Representatives, and Executive Council, while the Governor is also a Republican. However, New Hampshire is known for its political independence and has swung between parties in recent elections. Another common question concerns the state's unique Town Meeting form of government. In many New Hampshire towns, citizens gather annually to vote directly on local issues and budgets, a practice that dates back to colonial times and exemplifies direct democracy at the local level. Lastly, people often ask about New Hampshire's lack of general sales or income tax. The state funds its operations primarily through property taxes, business taxes, and various fees, which contributes to its reputation for having a low tax burden compared to other states.

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New Hampshire Constitution

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Overview and Function

The Constitution of New Hampshire, established on October 31, 1783, and effective June 2, 1784, serves as the fundamental law of the state. It replaced the state's earlier constitution of 1776 and has been subsequently amended over time. As the supreme legal document in New Hampshire, all state laws must comply with its provisions. The constitution is divided into two main parts: the Bill of Rights and the Form of Government. This structure reflects the document's dual purpose of protecting individual liberties and establishing the framework for state governance. The New Hampshire Constitution holds a significant place in American history, as it was one of the first state constitutions adopted after the Declaration of Independence and played a role in shaping the United States Constitution.

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Structure and Operation

The New Hampshire Constitution is organized into two distinct sections. The first part, the Bill of Rights, consists of 39 articles that outline the fundamental rights and liberties of New Hampshire citizens. These include protections for freedom of speech, religion, and assembly, as well as provisions for due process and equal protection under the law. The second part, the Form of Government, comprises 101 articles that establish the structure and powers of the state government. This section delineates the roles and responsibilities of the executive, legislative, and judicial branches, as well as procedures for elections, taxation, and constitutional amendments. A unique feature of the New Hampshire Constitution is its provision for a constitutional convention every seven years, allowing citizens to vote on whether to revise or amend the document. This regular review process contributes to the constitution's adaptability and relevance over time.

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Key Information for Legal Professionals

Legal professionals in New Hampshire should be aware of several key aspects of the state constitution. First, the document's supremacy clause in Part II, Article 90 establishes its precedence over other state laws. This means that any statute or regulation conflicting with the constitution can be challenged and potentially invalidated. Attorneys should also note the constitution's strong emphasis on individual rights, which often provides broader protections than the federal Constitution. For example, Part I, Article 15 guarantees the right to trial by jury in civil cases, a right not explicitly protected by the U.S. Constitution. When interpreting state law, New Hampshire courts give significant weight to the text and original intent of the constitution. Legal professionals should consult both the plain language of the document and historical sources when constructing constitutional arguments. Additionally, amendments to the constitution require a three-fifths majority vote in both houses of the legislature and approval by two-thirds of the voters in a general election. Understanding this process is crucial for attorneys involved in constitutional reform efforts.

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Public Access and Resources

The full text of the New Hampshire Constitution is publicly accessible through the state government's official website at https://www.nh.gov/glance/constitution.htm. This resource provides the most up-to-date version of the constitution, including all amendments. For historical research, the New Hampshire State Library maintains archives of previous versions and constitutional convention records. The New Hampshire Supreme Court offers educational resources about the state constitution through its Law Related Education program, which includes lesson plans and interactive materials for students and teachers. Citizens seeking to propose constitutional amendments can find information on the process through the New Hampshire Secretary of State's office. Public hearings on proposed amendments are typically held by legislative committees, providing opportunities for citizen input. The New Hampshire Bar Association also offers public education programs on constitutional issues, including seminars and publications designed to increase understanding of the state's fundamental law.

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Frequently Asked Questions

Many people wonder about the relationship between the New Hampshire Constitution and the U.S. Constitution. While the state constitution predates the federal document, it must comply with federal constitutional requirements under the Supremacy Clause of the U.S. Constitution. However, the New Hampshire Constitution can provide greater protections for individual rights than its federal counterpart. Another common question concerns the frequency of constitutional amendments. While the document provides for regular review, amendments are relatively rare, with only 146 amendments adopted since 1784. This reflects both the document's enduring relevance and the high threshold required for changes. Lastly, some ask about the constitution's role in local governance. While the document primarily addresses state-level issues, it does establish principles that affect municipal operations, such as provisions for local elections and property taxation.

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New Hampshire State Statutes

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Overview and Function

The New Hampshire State Statutes, officially known as the New Hampshire Revised Statutes Annotated (RSA), form the codified law of the state. These statutes are subordinate to the New Hampshire State Constitution and represent the primary source of state law. The RSA contains all general and permanent laws enacted by the New Hampshire General Court, which consists of the House of Representatives and the Senate. The statutes cover a wide range of topics, from government structure and criminal law to business regulations and environmental protection. They provide the legal framework for the state's operations and guide judicial decisions in New Hampshire courts.

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Structure and Operation

The New Hampshire Revised Statutes Annotated are organized into titles, chapters, and sections. There are 64 titles, each covering a broad area of law. For example, Title I covers "The State and Its Government," while Title LXII deals with "Criminal Code." Each title is further divided into chapters, which contain individual sections of law. The RSA also includes annotations, which provide additional context such as legislative history, relevant case law, and cross-references to other statutes. The New Hampshire General Court is responsible for enacting new laws and amending existing ones. Once a bill is passed and signed by the governor, it becomes part of the RSA. The Office of Legislative Services maintains and updates the statutes, ensuring they reflect the most current law.

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Key Information for Legal Professionals

Legal professionals working with New Hampshire law should be aware of several key aspects of the RSA. The official online version of the statutes can be accessed through the New Hampshire General Court website. This resource is updated regularly and should be consulted for the most current version of any statute. When citing New Hampshire law, the proper format is "RSA" followed by the section number (e.g., RSA 651:2). It's important to note that New Hampshire has a three-year statute of limitations for most civil actions, as outlined in RSA 508:4. Legal researchers should also be aware of the state's legislative history resources, which can provide valuable context for interpreting statutes. The New Hampshire Law Library offers guides on compiling legislative histories and accessing historical versions of statutes.

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Public Access and Resources

The New Hampshire government provides several resources for public access to state statutes and related information. The primary source is the official RSA website, which offers free access to the full text of all current statutes. For those seeking additional context or historical information, the New Hampshire State Library provides research assistance and access to legislative materials. The NH.gov website offers a "Laws and Rules at-a-Glance" page, which provides links to various legal resources, including the state statutes and administrative rules. Public law libraries throughout the state also offer access to print versions of the RSA and other legal materials. For those needing help interpreting the law, the New Hampshire Bar Association offers a lawyer referral service and public education programs.

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Frequently Asked Questions

Many people wonder about the difference between statutes and administrative rules in New Hampshire. While statutes are laws passed by the legislature, administrative rules are regulations created by state agencies to implement those laws. Both carry the force of law, but administrative rules must be authorized by and consistent with the statutes. Another common question concerns the frequency of updates to the RSA. The online version is updated as new laws are enacted, typically within a few weeks of the effective date. However, print versions are updated annually, so it's essential to check for any recent changes when using a physical copy of the statutes.

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New Hampshire State Regulations

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Overview and Function

New Hampshire state regulations, also known as administrative rules, form a critical component of the state's legal framework. These regulations are created by state agencies under the authority granted by the New Hampshire General Court (the state legislature). The regulations serve to implement, interpret, or prescribe law or policy, or describe the organization, procedure, or practice requirements of any agency. The New Hampshire Code of Administrative Rules contains these regulations, which carry the force of law. This system allows agencies to create detailed rules within their areas of expertise, providing flexibility and specificity beyond what is typically found in statutes.

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Structure and Operation

The New Hampshire Code of Administrative Rules is organized by agency, with each agency's rules grouped together. The structure follows a consistent format: Agency Code - Chapter - Part - Section. For example, "Env-Wq 402.33" refers to a specific rule within the Department of Environmental Services' Water Quality rules. The rulemaking process in New Hampshire is governed by the Administrative Procedure Act (RSA 541-A). Agencies must follow specific steps when proposing, amending, or repealing rules, including public notice, comment periods, and review by the Joint Legislative Committee on Administrative Rules (JLCAR). This process ensures transparency and allows for public input. Unlike some states, most administrative rules in New Hampshire have expiration dates, typically after 8 years, requiring agencies to regularly review and re-adopt their rules to keep them current.

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Key Information for Legal Professionals

Legal professionals working with New Hampshire administrative rules should be aware of several key points. First, the official version of the rules is available online through the Office of Legislative Services website. This resource is regularly updated and should be consulted for the most current versions of rules. Second, when researching a rule's history or interpreting its intent, the rule's filing history and fiscal impact statement can provide valuable context. These documents are available from the Office of Legislative Services. Third, attorneys should pay attention to the expiration dates of rules, as agencies may sometimes fail to re-adopt rules in time, leading to temporary lapses. Finally, recent changes to the rulemaking process have emphasized the need for agencies to consider the economic impact of proposed rules on small businesses, requiring additional analysis in many cases.

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Public Access and Resources

The public can access New Hampshire's administrative rules through several channels. The primary resource is the Office of Legislative Services website, which provides free access to the current rules, proposed rule changes, and recently adopted rules. For those who prefer physical copies, the State Library in Concord maintains print versions of the administrative code. Many state agencies also provide guidance documents and FAQs on their websites to help the public understand and comply with regulations in specific areas. The New Hampshire Department of Health and Human Services, for example, maintains a dedicated page for its administrative rules, including information on how to participate in the rulemaking process. Citizens interested in participating in the rulemaking process can attend public hearings, submit written comments, or contact the relevant agency directly for more information.

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Frequently Asked Questions

Many people wonder about the relationship between New Hampshire's Revised Statutes Annotated (RSAs) and the administrative rules. While RSAs are laws passed by the legislature, administrative rules provide the detailed regulations needed to implement these laws. Both have the force of law, but rules must stay within the authority granted by the relevant statutes. Another common question concerns the enforceability of expired rules. Generally, once a rule expires, it is no longer enforceable unless it has been properly re-adopted. However, if the underlying statute remains in effect, the agency may still have enforcement authority based on the statute itself. Legal professionals should always verify the current status of both statutes and rules when advising clients on regulatory matters in New Hampshire.

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Understanding New Hampshire's state regulations is essential for effective legal practice and informed civic participation in the state.

New Hampshire Supreme Court

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Overview and Function

The New Hampshire Supreme Court is the highest court in the state's judicial system and the sole appellate court. Established by the New Hampshire Constitution, it serves as the final arbiter of legal matters within the state. The court's primary functions include reviewing appeals from lower courts, interpreting state laws and the state constitution, and overseeing the administration of the state's judicial system. Located in Concord, the state capital, the Supreme Court plays a vital role in shaping New Hampshire's legal landscape. It has jurisdiction to review appeals from state trial courts and many state administrative agencies, ensuring consistency and fairness in the application of law across the state.

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Structure and Operation

The New Hampshire Supreme Court consists of a Chief Justice and four Associate Justices. These justices are appointed by the Governor and Executive Council to serve during "good behavior" until retirement or the age of seventy. This structure ensures judicial independence while also providing a mechanism for periodic renewal of the court's composition. The court operates on a collegial model, with all justices participating in most decisions. Cases are typically heard by the full court, although three-justice panels may be used for certain matters. The court's operations are supported by a staff of law clerks, administrative personnel, and the Clerk of the Supreme Court. The court hears oral arguments in select cases, which are open to the public and often live-streamed on the court's website. Decisions are reached through careful deliberation and are published as official opinions, which become binding precedent for lower courts in New Hampshire.

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Key Information for Legal Professionals

Legal professionals interacting with the New Hampshire Supreme Court should be aware of several key procedures and resources. The court has implemented an electronic filing system, accessible through the New Hampshire Supreme Court E-Filing portal. This system is mandatory for most filings, and attorneys must familiarize themselves with the e-filing rules and procedures. The court's rules, including the Rules of the Supreme Court, are available on the judicial branch website and should be carefully reviewed before filing any documents. Deadlines for filing notices of appeal and briefs are strictly enforced, typically allowing 30 days for a notice of appeal and 90 days for filing briefs. Oral arguments, when granted, are usually limited to 15 minutes per side. Attorneys should also regularly check the court's Orders and Opinions page for recent decisions that may impact their practice areas.

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Public Access and Resources

The New Hampshire Supreme Court is committed to transparency and public access. Court sessions are open to the public, and oral arguments are often live-streamed on the court's website. The public can access court opinions, orders, and other documents through the Supreme Court's section of the New Hampshire Judicial Branch website. This site also provides information on court procedures, filing fees, and forms for self-represented litigants. The Supreme Court offers a Case Status Report feature, allowing parties and the public to track the progress of cases. For research purposes, the court's opinions dating back to 1816 are available through various legal databases. The New Hampshire Supreme Court Society, a non-profit organization, supports public education initiatives about the court's role and history. Members of the public can contact the Supreme Court Clerk's office at (603) 271-2646 for general inquiries and assistance with accessing court services.

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Frequently Asked Questions

Many people wonder about the process of appealing to the New Hampshire Supreme Court. It's important to understand that the court does not retry cases or hear new evidence; instead, it reviews lower court decisions for legal errors. Another common question concerns the court's role in making law. While the court interprets laws and the state constitution, it does not create legislation. Its decisions can, however, have significant impacts on how laws are applied throughout the state. Lastly, there's often confusion about the difference between the state Supreme Court and federal courts. The New Hampshire Supreme Court is the final authority on state law matters, while federal courts have jurisdiction over federal law and constitutional issues.

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New Hampshire State Court of Civil Appeals

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Overview and Function

New Hampshire does not have a separate State Court of Civil Appeals. Instead, the New Hampshire Supreme Court serves as the state's only appellate court, handling both civil and criminal appeals. Established by the state constitution, the Supreme Court consists of a Chief Justice and four Associate Justices. It reviews decisions from the state's trial courts and administrative agencies. The court's primary function is to interpret state law, ensure uniform application of justice, and safeguard constitutional rights. Unlike some states with intermediate appellate courts, New Hampshire's system streamlines the appeals process directly to the highest court.

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Structure and Operation

The New Hampshire Supreme Court operates from its seat in Concord. The five justices hear cases as a full panel, fostering consistency in decision-making. The court's clerk's office manages case filings, schedules oral arguments, and facilitates the court's operations. The Supreme Court Rules govern the court's procedures, including the filing of appeals, briefs, and oral arguments. The court typically issues written opinions explaining its decisions, which become binding precedent for lower courts. In addition to its appellate function, the Supreme Court oversees the state's entire judicial system, including rule-making authority for all New Hampshire courts.

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Key Information for Legal Professionals

Attorneys practicing in New Hampshire must familiarize themselves with the Supreme Court's specific procedures for appeals. The appeal process typically begins with filing a Notice of Appeal within 30 days of the final decision in a lower court or administrative agency. The court requires electronic filing through its e-filing system for most documents. Strict adherence to formatting requirements and deadlines is essential. The court may decide cases based solely on the briefs or may schedule oral arguments. Legal professionals should regularly review the Supreme Court Rules for any updates or changes to procedures. The court also offers a unique opportunity for law students through its Daniel Webster Scholar Honors Program, allowing qualified students to bypass the traditional bar exam.

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Public Access and Resources

The New Hampshire Supreme Court provides several resources for public access to information. The court's website offers a wealth of information, including docket searches, oral argument calendars, and published opinions. The public can attend oral arguments, which are typically held at the Supreme Court building in Concord. For those unable to attend in person, the court often provides live streaming of oral arguments. The Supreme Court's Law Library in Concord is open to the public and offers extensive legal research materials. Additionally, the court participates in educational outreach programs, including "On the Road" sessions where oral arguments are held at various locations around the state to enhance public understanding of the judicial process.

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Frequently Asked Questions

Many people wonder about the timeline for appeals in New Hampshire. While the court strives for efficiency, the duration can vary depending on the complexity of the case and the court's caseload. Typically, the process from filing to decision can take several months to over a year. Another common question concerns the finality of Supreme Court decisions. As the highest court in the state, its decisions on state law matters are final, though federal issues may be appealed to the U.S. Supreme Court in rare cases. The court also clarifies that not all appeals are automatically accepted; some may be declined if they do not present substantial questions of law.

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New Hampshire State Court of Criminal Appeals

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Overview and Function

New Hampshire does not have a separate State Court of Criminal Appeals. Instead, criminal appeals in New Hampshire are handled by the New Hampshire Supreme Court, which is the state's only appellate court. The Supreme Court, composed of the Chief Justice and four Associate Justices, sits in Concord and hears appeals from all lower courts in the state, including criminal cases. This structure is established by the New Hampshire Constitution and state statutes. The Supreme Court's primary function in criminal appeals is to review decisions made by lower courts for errors of law, ensuring that legal procedures were followed correctly and that defendants' rights were protected throughout the trial process.

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Structure and Operation

The New Hampshire Supreme Court operates as the final arbiter of both civil and criminal appeals in the state. Criminal cases typically originate in the Circuit Court District Division for misdemeanors or the Superior Court for felonies. After a conviction, defendants have the right to appeal to the Supreme Court. The court does not retry cases or hear new evidence but instead reviews the record of the lower court proceedings for legal errors. The Supreme Court may affirm the lower court's decision, reverse it, or remand the case for further proceedings. The court also has the authority to issue writs and enter orders necessary for the furtherance of justice. The appeal process and procedures are set forth in the Supreme Court Rules, which govern how cases are filed, briefed, and argued before the court.

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Key Information for Legal Professionals

Legal professionals handling criminal appeals in New Hampshire should be familiar with the Supreme Court Rules, which detail the procedures for filing appeals. The notice of appeal must typically be filed within 30 days of the final decision in the lower court. Attorneys must adhere to strict deadlines for filing briefs and other documents. The court has implemented an e-filing system, and legal professionals are required to use this system for most filings. Oral arguments are scheduled for some cases, but many appeals are decided based on the briefs alone. Attorneys should also be aware of the court's standards of review for different types of issues, as these standards can significantly impact the likelihood of success on appeal. The court provides forms and instructions for various appellate procedures on its website, which can be valuable resources for both attorneys and self-represented litigants.

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Public Access and Resources

The New Hampshire Supreme Court provides several resources for public access to information about criminal appeals. The court's website offers a wealth of information, including court rules, forms, and instructions for filing appeals. The public can access case information and dockets through the New Hampshire Court Case Access Portal. This online system allows users to search for case summaries and track the progress of appeals. The Supreme Court also provides live streaming of oral arguments, allowing the public to observe proceedings in real-time. For those seeking to understand the court's decisions, published opinions are available on the court's website shortly after they are issued. The Clerk's office can assist with general questions about court procedures, but cannot provide legal advice.

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Frequently Asked Questions

Many people wonder about the difference between an appeal and a new trial. An appeal to the New Hampshire Supreme Court is not a retrial of the case; instead, it's a review of the lower court's decision for legal errors. Another common question concerns the timeline for appeals. While the standard time to file a notice of appeal is 30 days from the final decision, there are exceptions and potential extensions in certain circumstances. It's also important to note that not all decisions can be appealed, and the Supreme Court has discretion in deciding which cases to hear. Understanding these aspects of the appellate process can help manage expectations and guide decision-making for those involved in criminal cases in New Hampshire.

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New Hampshire District Courts

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Overview and Function

The New Hampshire District Courts are part of the state's Circuit Court system, handling a wide range of legal matters at the local level. These courts have jurisdiction over misdemeanors, violations, small claims, landlord-tenant disputes, and certain civil cases. The District Division, as outlined by the New Hampshire Judicial Branch, also manages juvenile matters and domestic violence cases. This structure allows for efficient handling of local legal issues and provides accessible justice for New Hampshire residents. The District Courts operate under the authority of state law and play a crucial role in maintaining order and resolving disputes within their jurisdictions.

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Structure and Operation

New Hampshire's judicial system includes 31 District Court divisions spread across the state. Each division serves specific geographic areas, ensuring that legal services are accessible to all communities. The courts are staffed by judges, clerks, and administrative personnel who manage daily operations. Cases in the District Courts are typically heard by a single judge without a jury. The court's structure allows for streamlined processes in handling high-volume caseloads, particularly for minor offenses and small claims. The District Courts also work in conjunction with other branches of the New Hampshire court system, including the Superior Courts and the Supreme Court, to ensure comprehensive legal coverage and appropriate case management.

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Key Information for Legal Professionals

Legal professionals working with the New Hampshire District Courts should be aware of specific filing procedures and deadlines for different case types. The court system provides standardized forms for various legal actions, which must be used when applicable. Attorneys should familiarize themselves with local rules and practices, as they may vary slightly between divisions. The New Hampshire e-Court Program has been implementing electronic filing systems across the state, changing how documents are submitted and processed. Legal professionals should stay updated on the progress of this initiative and be prepared to adapt to electronic filing requirements. Additionally, understanding the jurisdictional limits of the District Courts is essential for determining the appropriate venue for a case.

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Public Access and Resources

The New Hampshire Judicial Branch website serves as a primary resource for public information about the District Courts. It provides access to court locations, contact information, and self-help resources. The public can use the court finder tool to locate the appropriate District Court division for their area. Many court documents and case information are available through the public access portal, though some records may require in-person requests at the courthouse. The District Courts offer various educational materials and guidance for individuals representing themselves in legal matters. Some divisions may also provide mediation services or legal clinics to assist the public with resolving disputes or understanding legal processes.

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Frequently Asked Questions

Many people wonder about the types of cases handled by District Courts in New Hampshire. These courts primarily deal with misdemeanors, violations, small claims up to $10,000, and landlord-tenant issues. Another common question concerns the difference between District and Superior Courts. While District Courts handle less severe criminal cases and smaller civil matters, Superior Courts have jurisdiction over felonies and larger civil cases. Regarding case lookup, individuals can often access basic case information online through the court's public portal, but for more detailed records, they may need to contact the specific court division directly.

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New Hampshire State Court Rules

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Overview and Function

The New Hampshire State Court Rules are a comprehensive set of regulations governing the procedures and operations of the state's court system. These rules are established by the New Hampshire Supreme Court under the authority granted by Part II, Article 73-A of the New Hampshire Constitution. The rules cover various aspects of court proceedings, including civil, criminal, and appellate procedures. They aim to ensure consistency, fairness, and efficiency in the administration of justice across all levels of the state's judiciary. The rules apply to the Supreme Court, Superior Court, and Circuit Court, providing a unified framework for legal proceedings throughout New Hampshire.

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Structure and Operation

The New Hampshire State Court Rules are organized into distinct sections corresponding to different courts and types of proceedings. The New Hampshire Judicial Branch website provides access to these rules, including the Rules of the Supreme Court, Rules of the Superior Court, and Rules of the Circuit Court. Each set of rules addresses specific aspects of court operations, such as filing procedures, discovery, motions, and trial conduct. The rules are regularly reviewed and updated by the Supreme Court to reflect changes in law and practice. Amendments to the rules often involve a public comment period, allowing legal professionals and the public to provide input on proposed changes.

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Key Information for Legal Professionals

Legal professionals practicing in New Hampshire must be familiar with the state's court rules to navigate the judicial system effectively. For instance, Rule 27 of the Superior Court Rules addresses expert witnesses, requiring disclosure within 30 days of a request by the opposing party. Rule 36 outlines standing trial orders and procedures, including provisions on attorney testimony. Attorneys should pay close attention to filing deadlines, formatting requirements, and electronic filing procedures, which are detailed in the rules for each court. The New Hampshire e-Court system has led to updates in electronic filing rules, which are particularly important for modern legal practice. Legal professionals should regularly check the official court website for the most current versions of the rules and any recent amendments.

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Public Access and Resources

The public can access the New Hampshire State Court Rules through the official New Hampshire Judicial Branch website. This resource provides free access to the full text of all court rules. For those seeking additional context or annotations, commercial publications like the New Hampshire Court Rules Annotated are available. The New Hampshire Law Library offers research assistance and access to legal resources for both legal professionals and the public. While the rules themselves can be complex, the courts provide some guidance documents and self-help resources to assist individuals navigating the legal system without an attorney. The New Hampshire Bar Association also offers public education programs to help citizens understand court procedures and rules.

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Frequently Asked Questions

Many individuals wonder about the specifics of New Hampshire's court procedures. One common question concerns the state's approach to summary judgment, which is addressed in Superior Court Rule 13. This rule allows for judgment without a full trial when there is no genuine dispute of material fact. Another frequent inquiry relates to the rules for filing a motion to dismiss. In New Hampshire, such motions are governed by Superior Court Rule 9, which outlines the grounds and procedures for seeking dismissal of a case. It's important to note that while these rules provide a framework, their application can vary based on the specific circumstances of each case.

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New Hampshire Court Opinions

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Overview and Function

Court opinions in New Hampshire are official decisions issued by the state's judiciary, primarily the New Hampshire Supreme Court. These opinions serve as the authoritative interpretation of state law and establish binding precedents for lower courts. The New Hampshire Supreme Court, as the state's highest court and only appellate court, plays a central role in shaping legal doctrine through its opinions. The court's authority to issue these opinions stems from the New Hampshire Constitution, which establishes the Supreme Court as the final arbiter of state law. Court opinions address a wide range of legal issues, from criminal appeals to civil disputes, and often involve complex interpretations of statutes, constitutional provisions, and prior case law.

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Structure and Operation

The New Hampshire Supreme Court consists of a Chief Justice and four Associate Justices, all of whom participate in drafting and issuing court opinions. The court typically hears cases and issues opinions en banc, meaning all justices participate in the decision-making process. Opinions are drafted after oral arguments and internal deliberations among the justices. The court may issue majority opinions, concurring opinions, and dissenting opinions. These opinions are subject to motions for rehearing under Rule 22 of the New Hampshire Supreme Court Rules, allowing parties to request reconsideration before an opinion becomes final. Once finalized, opinions are published and made available to the public through the New Hampshire Judicial Branch website. The court organizes its opinions by year, with separate sections for current and past years' decisions.

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Key Information for Legal Professionals

Legal professionals should be aware that New Hampshire Supreme Court opinions are released on a rolling basis throughout the year. Attorneys can sign up for email notifications to receive alerts when new opinions are published. When citing New Hampshire court opinions, lawyers should follow the state's citation format, which typically includes the case name, year, and the official New Hampshire Reports citation (e.g., Smith v. Jones, 123 N.H. 456 (2023)). For recent opinions not yet published in the official reports, temporary citations are used. It's important for attorneys to check for any subsequent history or treatment of an opinion, as the court may modify or clarify its rulings in later cases. Additionally, lawyers should be familiar with the court's rules regarding requests for publication of opinions, as some cases may initially be issued as unpublished orders before being designated for publication as formal opinions.

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Public Access and Resources

The public can access New Hampshire court opinions through several channels. The primary resource is the New Hampshire Judicial Branch website, which provides free access to opinions dating back several years. For older opinions, the public can use legal research databases or visit the New Hampshire Law Library. The New Hampshire Supreme Court also offers a slip opinion service, where individuals can subscribe to receive newly released opinions via email. For those seeking to understand court opinions, the New Hampshire Bar Association provides public education resources and occasional seminars on significant cases. The public can also attend oral arguments at the Supreme Court, which are typically open to observers and provide context for the issues addressed in court opinions.

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Frequently Asked Questions

Many people wonder about the difference between published and unpublished opinions in New Hampshire. Published opinions have precedential value and are binding on lower courts, while unpublished orders generally do not create binding precedent. Another common question concerns the timeframe for the release of opinions after oral arguments. While there is no set schedule, the New Hampshire Supreme Court typically issues opinions within several months of hearing a case, though complex cases may take longer. Lastly, individuals often ask about the process for appealing a lower court decision to obtain a Supreme Court opinion. This process involves filing a notice of appeal within 30 days of the lower court's decision, followed by submitting briefs and potentially participating in oral arguments before the Supreme Court.

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New Hampshire Bar Association

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Overview and Function

The New Hampshire Bar Association (NHBA) is the integrated (mandatory) bar association for all attorneys licensed to practice law in the state of New Hampshire. Established in 1873 by a special act of the Legislature, it holds the distinction of being the oldest statewide bar organization in the United States. The NHBA serves three primary constituencies: the legal community, the court system, and the public. Its core functions include regulating the legal profession, providing continuing legal education, offering resources for legal practitioners, and facilitating access to legal services for the public. As a non-profit organization, the NHBA plays a vital role in maintaining the integrity of the legal profession and promoting the administration of justice in New Hampshire.

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Structure and Operation

The New Hampshire Bar Association operates under the oversight of a Board of Governors, which includes officers and representatives from various counties and practice sectors. The association maintains several committees and sections focused on different areas of law and professional development. Key divisions within the NHBA include the Continuing Legal Education (CLE) department, which organizes educational programs for attorneys, and the Lawyer Referral Service, which connects members of the public with qualified attorneys. The NHBA also publishes the New Hampshire Bar News, a monthly publication that keeps members informed about legal developments, association activities, and professional opportunities. The association's headquarters are located at 2 Pillsbury Street, Suite 300, in Concord, New Hampshire, where it coordinates its various programs and services.

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Key Information for Legal Professionals

For lawyers and law students in New Hampshire, membership in the NHBA is mandatory for those practicing law in the state. The association manages the Minimum Continuing Legal Education (MCLE) requirements, which can now be fulfilled entirely through virtual attendance. Attorneys must complete 720 minutes of CLE annually, with no specific requirement for live attendance as of July 1, 2016. The NHBA provides a robust online platform for tracking CLE credits and accessing educational resources at www.nhmcle.org. Additionally, the association offers a members-only section on its website where attorneys can access exclusive resources, participate in forums, and stay updated on important legal developments. For those seeking employment or looking to hire, the NHBA maintains a classified ads section on its website, which serves as a valuable resource for job postings and professional opportunities within the New Hampshire legal community.

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Public Access and Resources

The New Hampshire Bar Association provides several services to assist the public in accessing legal resources and information. One of the most valuable is the Lawyer Referral Service, which can be accessed through the NHBA website or by calling (603) 229-0002. This service helps individuals find qualified attorneys for their specific legal needs. The NHBA also offers public education initiatives and resources to help non-lawyers understand their legal rights and navigate the justice system. The association's website, www.nhbar.org, serves as a central hub for both legal professionals and the public, offering information on legal services, educational materials, and updates on the New Hampshire legal system. For those seeking to verify an attorney's credentials, the NHBA provides an online attorney directory that allows the public to confirm if a lawyer is licensed and in good standing in New Hampshire.

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Frequently Asked Questions

Many individuals wonder about the requirements for practicing law in New Hampshire. While the state does require passing the bar exam for most applicants, there are alternative paths to admission. Attorneys from certain jurisdictions may be eligible for admission on motion without examination, provided they meet specific criteria outlined in New Hampshire Supreme Court Rule 42. Another common question concerns reciprocity with other states. New Hampshire has reciprocity agreements with several states, including California, Delaware, Florida, and Hawaii, among others. However, the requirements and eligibility for reciprocal admission can vary, and attorneys should consult the New Hampshire Judicial Branch website for the most current information on reciprocal jurisdictions and admission procedures.

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New Hampshire Bar Admission

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Overview and Function

The New Hampshire Bar Admission process is the gateway for attorneys seeking to practice law in the state. Administered by the New Hampshire Supreme Court, this process ensures that only qualified individuals are licensed to provide legal services. The primary function of bar admission is to protect the public by maintaining high standards of legal practice. In New Hampshire, all admissions to the bar are by examination only, as mandated by the Supreme Court. The New Hampshire Judicial Branch oversees the admission process, which includes the bar examination, character and fitness evaluation, and other requirements set forth in Supreme Court Rule 42.

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Structure and Operation

The New Hampshire Bar Admission process is structured around several key components. The Board of Bar Examiners, appointed by the Supreme Court, is responsible for administering the bar examination and assessing applicants' qualifications. The Character and Fitness Committee evaluates the moral character and fitness of applicants. The bar examination in New Hampshire is the Uniform Bar Examination (UBE), which consists of the Multistate Bar Examination (MBE), Multistate Essay Examination (MEE), and Multistate Performance Test (MPT). The exam is offered twice a year, in February and July. Additionally, New Hampshire offers alternative paths to admission, including admission by motion without examination for attorneys from reciprocal jurisdictions and admission by transferred UBE score.

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Key Information for Legal Professionals

For lawyers and law students seeking admission to the New Hampshire Bar, several key points are essential. The application deadline for the July bar examination is May 1, while for the February examination, it's November 1. The current application fee is $725.00, payable to the State of New Hampshire. Applicants must also successfully complete the Multistate Professional Responsibility Examination (MPRE) with a scaled score of 79 or higher. A passing score on the New Hampshire Bar Examination is 270 on a scale of 400. For admission by motion without examination, applicants must be from a reciprocal jurisdiction and meet specific requirements, including active practice for at least five of the seven years preceding the application. The list of reciprocal jurisdictions is available on the New Hampshire Judicial Branch website.

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Public Access and Resources

The public can access information about the New Hampshire Bar Admission process through the New Hampshire Judicial Branch website. This resource provides detailed information on admission requirements, application procedures, and examination schedules. The New Hampshire Bar Association also offers resources for new admittees and the public, including a Lawyer Referral Service to help individuals find qualified attorneys. For those seeking to verify an attorney's admission status, the New Hampshire Supreme Court Attorney Directory is available online. The public can also contact the Office of Bar Admissions directly for specific inquiries or assistance.

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Frequently Asked Questions

Many prospective applicants wonder about the difficulty of the New Hampshire Bar Exam. While the passing score of 270 is in line with many other UBE jurisdictions, the exam's difficulty can vary based on individual preparation and experience. Another common question concerns reciprocity. New Hampshire does offer admission by motion for attorneys from reciprocal jurisdictions, but it's important to note that not all states have this agreement with New Hampshire. Lastly, some applicants ask about the timeline for admission after passing the bar exam. While the process can vary, typically, successful applicants are sworn in within a few months of receiving their passing scores, provided they have completed all other admission requirements.

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New Hampshire State Legislature

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Overview and Function

The New Hampshire State Legislature, officially known as the General Court of New Hampshire, is the bicameral legislative body responsible for creating and modifying state laws. Established by the New Hampshire Constitution, it consists of two chambers: the House of Representatives with 400 members and the Senate with 24 members. This makes it the third-largest English-speaking legislative body in the world, following the United States Congress and the British Parliament. The General Court convenes in the New Hampshire State House in Concord. Its primary functions include drafting and passing legislation, approving the state budget, and providing oversight of the executive branch. The legislature also has the power to override gubernatorial vetoes with a two-thirds majority in both chambers.

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Structure and Operation

The New Hampshire House of Representatives consists of 400 members elected from 204 legislative districts across the state. These districts are created by dividing the state's counties. The Senate comprises 24 members, each representing a single district. Leadership positions in both chambers include the Speaker of the House and the Senate President. The General Court operates on a biennial session, with elections held every two years. Regular sessions typically begin in January and end in late June or early July of the following year. Special sessions can be called by the Governor or by a majority vote of legislators. Committees play a significant role in the legislative process, with both standing and select committees reviewing bills before they reach the floor for a vote. New Hampshire's citizen legislature is notable for its large size relative to the state's population, fostering close representation but also presenting challenges in terms of coordination and efficiency.

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Key Information for Legal Professionals

Legal professionals interacting with the New Hampshire State Legislature should be aware of several key aspects. The legislative process in New Hampshire is open and accessible, with all committee hearings and floor sessions open to the public. Bill tracking is available through the General Court website, which provides real-time updates on bill status, committee assignments, and hearing schedules. Attorneys involved in legislative advocacy should familiarize themselves with the rules of each chamber, particularly regarding testimony at committee hearings. The Office of Legislative Services provides bill drafting assistance to legislators, and understanding this process can be valuable for lawyers involved in shaping legislation. Recent developments include increased use of remote participation options for public hearings, implemented in response to the COVID-19 pandemic. Legal professionals should also note that New Hampshire has a relatively short legislative session, which can impact the timeline for introducing and passing bills.

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Public Access and Resources

The New Hampshire State Legislature prioritizes public access and transparency. Citizens can attend legislative sessions and committee hearings in person at the State House in Concord. For those unable to attend in person, live streaming of sessions and many committee hearings is available through the General Court website. The website also provides a wealth of resources including bill text, fiscal notes, amendments, and voting records. The Legislative Dashboard offers a user-friendly interface for tracking bills and legislative activities. To find their representatives, citizens can use the "Who's My Legislator?" tool on the General Court website. The State House Visitor Center offers guided tours and educational programs about the legislative process. For direct communication, contact information for all legislators is publicly available, and many maintain social media presences for constituent engagement.

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Frequently Asked Questions

Many people wonder about the current political makeup of the New Hampshire Legislature. As of the 2022 elections, Republicans hold a majority in both chambers, with a 14-10 majority in the Senate and a narrow majority in the House. Another common question concerns the frequency of legislative sessions. The General Court meets annually, but operates on a two-year cycle with more extensive sessions in odd-numbered years. Some also ask about the unusually large size of the New Hampshire House. This structure is designed to provide very localized representation, with each Representative serving approximately 3,300 constituents. However, it also means that New Hampshire state representatives are among the lowest-paid in the nation, receiving only $100 per year plus mileage reimbursement.

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New Hampshire Pending Bills

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Overview and Function

Pending bills in New Hampshire represent proposed legislation under consideration by the state's General Court, which consists of the House of Representatives and the Senate. These bills are an essential part of the legislative process, reflecting potential changes to state law and policy. The New Hampshire Constitution grants the General Court the power to make laws, and pending bills are the primary mechanism through which this power is exercised. Each legislative session sees numerous bills introduced, covering a wide range of topics from healthcare and education to environmental policy and economic development. The status of pending bills is dynamic, with legislation moving through various stages of review, amendment, and voting before potentially becoming law.

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Structure and Operation

The process for pending bills in New Hampshire follows a structured path. Bills can originate in either the House or Senate, with each chamber having its own procedures for introduction and initial review. Once introduced, bills are assigned to relevant committees for in-depth consideration. These committees play a crucial role in shaping legislation, often holding public hearings and making amendments. After committee review, bills that advance are brought to the floor of their originating chamber for debate and voting. If passed, they move to the other chamber for a similar process. The New Hampshire General Court website provides detailed information on the legislative process and current bills. Notably, New Hampshire's legislature meets annually, with sessions beginning in January. This regular schedule ensures that pending bills are considered in a timely manner, reflecting the state's commitment to responsive governance.

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Key Information for Legal Professionals

Legal professionals in New Hampshire should be aware of several key aspects of the pending bills process. The LegiScan New Hampshire page offers a comprehensive tracking system for active bills, including their current status, full text, and voting records. This resource is invaluable for staying updated on legislative developments. It's important to note that bills can move quickly through the legislative process, especially during peak periods of the session. Lawyers should regularly check for updates on bills relevant to their practice areas. The New Hampshire legislature also maintains a system of interim study committees that examine complex issues between sessions, often leading to new bills in subsequent years. Understanding this process can help legal professionals anticipate future legislative trends. Additionally, the state's unique "crossover" deadline, typically in March, marks the date by which bills must pass their originating chamber to remain active, making it a critical point in the legislative calendar.

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Public Access and Resources

New Hampshire provides extensive public access to information about pending bills. The General Court's website offers a searchable database of current legislation, committee schedules, and live streaming of legislative sessions. Citizens can use the Advanced Bill Search feature to find specific bills by number, keyword, or sponsor. The state also encourages public participation through committee hearings, where citizens can testify on pending legislation. For those seeking simplified summaries of bills, the Citizens Count NH Bill Summaries page provides concise, non-partisan explanations of current legislation. This resource is particularly useful for understanding the potential impact of pending bills on various sectors of New Hampshire society. The New Hampshire Municipal Association also maintains an All Bills page, which is especially relevant for tracking legislation affecting local governments.

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Frequently Asked Questions

Many people wonder how long it takes for a bill to become law in New Hampshire. The timeline can vary significantly, from a few weeks to several months, depending on the complexity and controversy of the legislation. Some bills may even carry over to the next legislative session if not resolved. Another common question concerns the governor's role in the process. In New Hampshire, once a bill passes both chambers, it goes to the governor, who can sign it into law, veto it, or allow it to become law without signature after five days. Understanding these aspects of the legislative process helps both legal professionals and the public navigate the system of pending bills more effectively.

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New Hampshire Attorney General

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Overview and Function

The Attorney General of New Hampshire is a constitutional officer who serves as the chief legal officer for the state. As head of the New Hampshire Department of Justice, the Attorney General is responsible for enforcing state laws, representing the state in legal matters, and providing legal advice to state agencies and officials. The position is established under Part II, Article 46 of the New Hampshire Constitution, which stipulates that the Attorney General is appointed by the governor with approval from the Executive Council. The current Attorney General is John Formella, who has held the position since April 22, 2021. Formella previously served as legal counsel to Governor Chris Sununu before his appointment.

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Structure and Operation

The New Hampshire Attorney General's Office is organized into several bureaus and divisions to effectively carry out its diverse responsibilities. These include the Criminal Justice Bureau, Civil Bureau, Consumer Protection and Antitrust Bureau, and Environmental Protection Bureau. The office also has a Deputy Attorney General who assists in managing operations. The Attorney General oversees a staff of attorneys, investigators, and support personnel who work collaboratively to address legal issues affecting the state. The office operates independently but works closely with other state agencies, law enforcement, and the judicial system to uphold the law and protect the interests of New Hampshire residents.

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Key Information for Legal Professionals

Legal professionals interacting with the New Hampshire Attorney General's Office should be aware of several key points. The office provides legal opinions on matters of state law when requested by state officials or agencies. These opinions can be valuable resources for understanding the state's legal interpretations. Attorneys practicing in New Hampshire should familiarize themselves with the Consumer Protection and Antitrust Bureau, which handles consumer complaints and enforces consumer protection laws. The office also maintains an active role in criminal prosecutions, particularly for complex or multi-jurisdictional cases. Legal professionals should stay informed about any guidance or directives issued by the Attorney General's Office, as these can impact various areas of practice in the state.

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Public Access and Resources

The New Hampshire Attorney General's Office provides several resources for public access to information and services. The official website of the Department of Justice (https://www.doj.nh.gov/) offers a wealth of information, including press releases, consumer protection resources, and forms for filing complaints. The public can contact the office directly for assistance with legal matters within its jurisdiction. The Consumer Protection Hotline is available for reporting suspected fraud or unfair business practices. Additionally, the office maintains an active presence on social media platforms, providing updates and important information to the public. The Attorney General's Office also conducts public education initiatives on various legal topics to help New Hampshire residents understand their rights and the state's laws.

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Frequently Asked Questions

Many people wonder about the difference between the New Hampshire Attorney General and the U.S. Attorney for the District of New Hampshire. While both are top legal officials, the Attorney General represents the state in legal matters and enforces state laws, while the U.S. Attorney, currently Jane E. Young, represents the federal government in the state and prosecutes federal crimes. Another common question concerns the Attorney General's role in consumer protection. The office actively investigates consumer complaints and can take legal action against businesses engaged in unfair or deceptive practices, providing a valuable resource for consumers seeking assistance with disputes or scams.

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New Hampshire Open Data Laws

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Overview and Function

New Hampshire's open data laws are designed to promote transparency and accessibility of government information. The state's approach to open data is primarily governed by the Right to Know Law (RSA 91-A) and supplemented by specific statutes and policies related to data management. In 2011, New Hampshire took a significant step towards open data with the introduction of House Bill 418, which required state software acquisitions to consider open source options. This laid the groundwork for a more comprehensive approach to open government data. The state's commitment to open data principles is further reinforced by RSA 21-R:14, which establishes a statewide information policy based on open government data standards.

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Structure and Operation

The implementation of open data laws in New Hampshire involves multiple state agencies and departments. The Department of Information Technology plays a central role in developing and maintaining the state's open data infrastructure. As per RSA 21-R:14, the Commissioner of Information Technology is responsible for developing a statewide information policy based on open government data principles. This policy emphasizes making data accessible, machine-readable, and available in open formats. The state's open data initiatives are supported by various platforms and portals that provide public access to government datasets. While New Hampshire does not have a centralized open data portal like some other states, individual agencies are encouraged to publish their data in accessible formats on their respective websites.

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Key Information for Legal Professionals

Legal professionals should be aware of the interplay between open data laws and privacy regulations in New Hampshire. The state recently enacted a comprehensive data privacy law, Senate Bill 255-FN, which will take effect in January 2025. This law, while focused on consumer data protection, has implications for how government agencies handle and share data. Lawyers working with state agencies or accessing government data should familiarize themselves with both the open data policies and the new privacy law to ensure compliance. When requesting data under the Right to Know Law, it's important to note that while the law favors disclosure, there are exemptions for certain types of information, such as personal privacy, ongoing investigations, and trade secrets. Legal professionals should be prepared to articulate why requested information should be considered public record if faced with a denial.

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Public Access and Resources

The public can access New Hampshire's government data through various agency websites and online services. The state's official website, NH.gov, serves as a starting point for locating government information and services. Many state agencies provide data and reports directly on their websites. For example, the New Hampshire Department of Revenue Administration offers tax statistics and reports on its website. Citizens seeking specific information can file Right to Know requests with the relevant state agency. The New Hampshire Attorney General's Office provides guidance on the Right to Know Law, including how to make requests and what to expect in terms of response times and potential fees. Additionally, the New Hampshire State Library maintains archives of state publications and data, which can be valuable resources for historical and current government information.

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Frequently Asked Questions

Many people wonder about the relationship between New Hampshire's open data laws and personal privacy. While the state promotes transparency, it also recognizes the importance of protecting personal information. The newly enacted data privacy law (Senate Bill 255-FN) addresses this balance by providing consumers with rights over their personal data while still allowing for the release of non-sensitive government information. Another common question concerns the cost of accessing government data. Under the Right to Know Law, agencies can charge reasonable fees for copying documents, but they cannot charge for inspecting records. However, if a request requires extensive time or resources to fulfill, the agency may charge for the actual cost of providing the information.

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