CHAPTER 46
SB 338 - FINAL VERSION
2/20/02 2698s
2002 SESSION
05/09
SENATE BILL 338
AN ACT relative to ex parte orders in domestic relations cases.
SPONSORS: Sen. Fernald, Dist 11; Sen. Pignatelli, Dist 13; Sen. McCarley, Dist 6; Sen. Wheeler, Dist 21; Sen. Below, Dist 5
This bill requires notice to the adverse party before a court grants an emergency order in a domestic relations case.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
2/20/02 2698s
02-3056
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Two
AN ACT relative to ex parte orders in domestic relations cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
46:1 Annulment, Divorce and Separation; Temporary Relief and Permanent Restraining Orders; Ex Parte Orders. Amend RSA 458:16, II to read as follows:
II.(a) Ex parte orders may be granted without written or oral notice to the adverse party only if the court finds from specific facts shown by affidavit or by the verified petition, that immediate and irreparable injury, loss, or damage will result to the applicant, the children, or property before the adverse party or attorney can be heard in opposition.
(b) No ex parte order shall be granted without:
(1) An affidavit from the moving party verifying the notice given to the other party or verifying the attempt to notify the other party.
(2) A determination by the court that such notice or attempt at notice was timely so as to afford the other party an opportunity to be present.
(c) If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the clerk of the superior court and request a hearing thereon. Such a hearing shall be held no later than 5 days after the request is received by the clerk for the county in which the libel for divorce, annulment, separation or decree of nullity is filed.
46:2 New Section; Uniform Child Custody Jurisdiction; Emergency Relief. Amend RSA 458-A by inserting after section 5 the following new section:
458-A:5-a Emergencies; Ex Parte Relief.
I. Emergency orders may be granted without written or oral notice to the adverse party only if it clearly appears to the court, from specific facts shown by affidavit or by the verified petition, that immediate and irreparable injury, loss, or damage will result to the applicant, the children, or property before the adverse party or attorney can be heard in opposition.
II. No ex parte order shall be granted without:
(a) An affidavit from the moving party verifying the notice given to the other party or verifying the attempt to notify the other party.
(b) A determination by the court that such notice or attempt at notice was timely so as to afford the other party an opportunity to be present.
III. If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the clerk of the superior court and request a hearing thereon. Such a hearing shall be held no later than 5 days after the request is received by the clerk for the county in which the custody proceeding is filed.
46:3 Effective Date. This act shall take effect January 1, 2003.
(Approved: April 26, 2002)
(Effective Date: January 1, 2003)