NHJB-2297-SUP (08/06/2018) Page 1 of 4 THE STATE OF NEW HAMPSHIRE JUDICIAL BRANCH http://www.courts.state.nh.us RULE 7 NOTICE OF DISCRETIONARY APPEAL This form should be used only for an appeal from a final decision on the merits issued by a superior court or circuit court in (1) a post-conviction review proceeding; (2) a proceeding involving the collateral challenge to a conviction or sentence; (3) a sentence modification or suspension proceeding; (4) an imposition of sentence proceeding; (5) a parole revocation proceeding; (6) a probation revocation proceeding; (7) a landlord/tenant action or a possessory action filed under RSA chapter 540; (8) an order denying a motion to intervene; or (9) a domestic relations matter filed under RSA chapters 457 to 461-A, except that an appeal from the first final order should be filed on a Rule 7 Notice of Mandatory Appeal form. 1. COMPLETE CASE TITLE AND CASE NUMBERS IN TRIAL COURT 2. COURT APPEALED FROM AND NAME OF JUDGE(S) WHO ISSUED DECISION(S) 3A. APPEALING PARTY: NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND TELEPHONE NUMBER. E-Mail address: Telephone number: 3B. APPEALING PARTY222S COUNSEL: NAME, BAR ID NUMBER, FIRM NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND TELEPHONE NUMBER. E-Mail address: Telephone number: 4A. OPPOSING PARTY: NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND TELEPHONE NUMBER. E-Mail address: Telephone number: 4B. OPPOSING PARTY222S COUNSEL: NAME, BAR ID NUMBER, FIRM NAME, MAILING ADDRESS, E-MAIL ADDRESS, AND TELEPHONE NUMBER. E-Mail address: Telephone number: American LegalNet, Inc. www.FormsWorkFlow.com Case Name: RULE 7 NOTICE OF DISCRETIONARY APPEAL NHJB-2297-SUP (08/06/2018) Page 2 of 4 5. NAMES OF ALL OTHER PARTIES AND COUNSEL IN TRIAL COURT 6. DATE OF CLERK222S NOTICE OF DECISION OR SENTENCING. DATE OF CLERK'S NOTICE OF DECISION ON POST-TRIAL MOTION, IF ANY. 7. CRIMINAL CASES: DEFENDANT222S SENTENCE AND BAIL STATUS 8. APPELLATE DEFENDER REQUESTED? YES or NO: IF YOUR ANSWER IS YES, YOU MUST CITE STATUTE OR OTHER LEGAL AUTHORITY UPON WHICH CRIMINAL LIABILITY WAS BASED AND ATTACH FINANCIAL AFFIDAVIT & APPLICATION FOR COURT APPOINTED COUNSEL (OCC FORM 4). SEE SUPREME COURT RULE 32(4). 9. IS ANY PART OF CASE CONFIDENTIAL? YES or NO: IF SO, IDENTIFY WHICH PART AND CITE AUTHORITY FOR CONFIDENTIALITY. SEE SUPREME COURT RULE 12. 10. IF ANY PARTY IS A CORPORATION LIST THE NAMES OF PARENTS, SUBSIDIARIES AND AFFILIATES. 11. DO YOU KNOW OF ANY REASON WHY ONE OR MORE OF THE SUPREME COURT JUSTICES WOULD BE DISQUALIFIED FROM THIS CASE? YES or NO: IF YOUR ANSWER IS YES, YOU MUST FILE A MOTION FOR RECUSAL IN ACCORDANCE WITH SUPREME COURT RULE 21A. 12. IS A TRANSCRIPT OF TRIAL COURT PROCEEDINGS NECESSARY FOR THIS APPEAL? SEE SUPREME COURT RULE 15, COMMENT. YES or NO: IF YOUR ANSWER IS YES, YOU MUST COMPLETE THE TRANSCRIPT ORDER FORM ON PAGE 4 OF THIS FORM. American LegalNet, Inc. www.FormsWorkFlow.com Case Name: RULE 7 NOTICE OF DISCRETIONARY APPEAL NHJB-2297-SUP (08/06/2018) Page 3 of 4 13. NATURE OF CASE AND RESULT (Limit two pages double-spaced; please attach or include.) 14. ISSUES ON APPEAL (Limit eight pages double-spaced; please attach or include.) The New Hampshire Supreme Court reviews each discretionary notice of appeal and decides whether to accept the case, or some issues in the case, for appellate review. The following acceptance criteria, while neither controlling nor fully describing the court222s discretion, indicate the character of the reasons that will be considered. 1. The case raises a question of first impression, a novel question of law, an issue of broad public interest, an important state or federal constitutional matter, or an issue on which there are conflicting decisions in New Hampshire courts. 2. The decision below conflicts with a statute or with prior decisions of this court. 3. The decision below is erroneous, illegal, and unreasonable or was an unsustainable exercise of discretion. Separately number each issue you are appealing and for each issue: (a) state the issue; (b) explain why the acceptance criteria listed above support acceptance of that issue; and (c) if a ground for appeal is legal sufficiency of evidence, include a succinct statement of why the evidence is alleged to be insufficient as a matter of law. 15. ATTACHMENTS Attach to or include with this notice of appeal the following documents in order: (1) a copy of the trial court decision or order from which you are appealing; (2) the clerk222s notice of the decision below; (3) any court order deciding a timely post-decision motion; and (4) the clerk222s notice of any order deciding a timely post-decision motion. Do not attach or include any other documents with this notice of appeal. Any other documents you wish to submit must be included in a separate Appendix, which must have a table of contents on the cover and consecutively numbered pages. 16. CERTIFICATIONS I hereby certify that every issue specifically raised has been presented to the court below and has been properly preserved for appellate review by a contemporaneous objection or, where appropriate, by a properly filed pleading. Appealing Party or Counsel I hereby certify that on or before the date below, copies of this notice of appeal were served on all parties to the case and were filed with the clerk of the court from which the appeal is taken in accordance with Supreme Court Rules 5(1) and 26(2) and, if applicable, with Rule 18 of the 2018 Supplemental Rules of the Supreme Court. Date Appealing Party or Counsel American LegalNet, Inc. www.FormsWorkFlow.com Case Name: RULE 7 NOTICE OF DISCRETIONARY APPEAL NHJB-2297-SUP (08/06/2018) Page 4 of 4 TRANSCRIPT ORDER FORM INSTRUCTIONS: 1. If a transcript is necessary for your appeal, you must complete this form. 2. List each portion of the proceedings that must be transcribed for appeal, e.g., entire trial (see Supreme Court Rule 15(3)), motion to suppress hearing, jury charge, etc., and provide information requested. 3. Determine the amount of deposit required for each portion of the proceedings and the total deposit required for all portions listed. Do not send the deposit to the Supreme Court. You will receive an order from the Supreme Court notifying you of the deadline for paying the deposit amount to the court transcriber. Failure to pay the deposit by the deadline may result in the dismissal of your appeal. 4. The transcriber will produce a digitally-signed electronic version of the transcript for the Supreme Court, which will be the official record of the transcribed proceedings. The parties will be provided with an electronic copy of the transcript in PDF-A format. A paper copy of the transcript may also be prepared for the court. PROCEEDINGS TO BE TRANSCRIBED PROCEEDING DATE (List each day separately, e.g. 5/1/11; 5/2/11; 6/30/11) TYPE OF PROCEEDING (Motion hearing, opening statement, trial day 2, etc.) NAME OF JUDGE LENGTH OF PROCEEDING (in .5 hour segments, e.g.,1.5 hours, 8 hours) RATE (standard rate unless ordered by Supreme Court) DEPOSIT X $137.50 $ X $137.50 $ X $137.50 $ X $137.50 $ X $137.50 $ X $137.50 $ X $137.50 $ X $137.50 $ X $137.50 $ X $137.50 $ TOTAL DEPOSIT $ PROCEEDINGS PREVIOUSLY TRANSCRIBED PROCEEDING DATE (List date of each transcript volume) TYPE OF PROCEEDING (Motion hearing, opening statement, trial day 2, etc.) NAME OF JUDGE NAME OF TRANSCRIBER DO ALL PARTIES HAVE COPY (YES OR NO) DEPOSIT FOR ADDITIONAL COPIES TBD TBD TBD NOTE: The deposit is an estimate of the transcript cost. After the transcript has been completed, you will be required to pay an additional amount if the final cost of the transcript exceeds the deposit. Any amount paid as a deposit in excess of the final cost will be refunded. The transcript will not be released to the parties until the final cost of the transcript is paid in full. American LegalNet, Inc. www.FormsWorkFlow.com