Supreme Court of New Hampshire
In re the Proposed New Hampshire Rules of Civil Procedure
May 23, 1995139 N.H. 512
Summary
The court declined to adopt the New Hampshire Bar Association’s proposed comprehensive rules of civil procedure. It concluded that proponents had not shown that the proposed system would produce benefits sufficient to justify the burdens, uncertainty, and potential procedural litigation associated with replacing the existing system. The court considered the current pleading and procedural framework workable and left open the possibility of targeted amendments rather than wholesale revision. Justice Thayer, dissenting, would have adopted the Proposed Rules after a one-year transition period because the existing patchwork of rules created traps for practitioners and pro se litigants.
Holding
- Whether to adopt the Proposed Rules. The court declined to adopt the Proposed Rules because the proponents did not demonstrate that the proposed system was superior to the existing system in a manner that outweighed the burdens and uncertainty of a complete procedural overhaul.
Docket No. R-94-001
Cited authorities
- 61 Wash. L. Rev. 1367
- 36 Me. L. Rev. 243
- 137 U. Pa. L. Rev. 1999
- 137 U. Pa. L. Rev. 1925
Cited by
- John Hermens & a. v. Textiles Coated Incorporated d/b/a Textiles Coated International
- Steven Whitaker v. L.A. Drew, Inc.
- Edward Silva v. Warden, New Hampshire State Prison & a.
- Edward F. and Edith Record Jenks v. Gerard Menard, Jr. & a.
- Dennis S. Roberts v. General Motors Corporation
- Dennis S. Roberts v. General Motors Corporation — Thayer, J., dissenting
- Corissa A. Desaulnier v. Manchester School District
- Opinion of the Justices (Prior Sexual Assault Evidence)