HB 1368-FN - AS INTRODUCED
2001 SESSION
09/01
HOUSE BILL 1368-FN
AN ACT adopting the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure as law.
SPONSORS: Rep. DiFruscia, Rock 27; Rep. Phinizy, Sull 7; Rep. Soltani, Merr 10
This bill adopts as law, by reference, the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure to be used by courts in this state.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-2197
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT adopting the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure as law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Court Rules; Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure. Amend RSA 491:10 to read as follows:
491:10 Rules.
I. The Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure are hereby adopted by reference as law. The Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure as adopted under this section shall supersede any other provision of law which may conflict with the rules and shall supersede any conflicting rules adopted by the supreme court, the superior court, and other state courts.
II. The court, acting as a body, may from time to time establish rules and orders of practice, consistent with the laws, for conducting and regulating its business, and may prescribe forms of proceedings in all cases not provided for.
2 Effective Date. This act shall take effect January 1, 2003.
LBAO
01-2197
9/19/01
HB 1368-FN - FISCAL NOTE
AN ACT adopting the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure as law.
FISCAL IMPACT:
The Administrative Office of the Courts has stated this bill will increase state expenditures by an indeterminable amount in FY 2003 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenues.
METHODOLOGY:
The Office is unable to estimate the cost of implementing this bill. Additional funding would be required to reprint new rules of procedure for members of the bar and courts, and conduct education programs for judges, masters, clerks, deputy clerks, and staff.
The Office stated further review would be necessary to determine whether the change will impact time limitations for the scheduling of hearings. There could be an additional fiscal impact with regard to the scheduling of hearings to comply with the Federal rules. The Office further indicates that issues raised relative to the interpretation of the new rules will likely result in additional litigation. There is no basis to quantify the fiscal impact of such litigation.