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, district court, probate court or family division 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; or (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 a final divorce decree or from a decree of legal separation 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. NAME AND ADDRESS OF APPEALING PARTY. IF REPRESENTING SELF, PROVIDE TELEPHONE NUMBER 3B. NAME, FIRM NAME, ADDRESS AND TELEPHONE NUMBER OF APPEALING PARTY’S COUNSEL 4A. NAME AND ADDRESS OF OPPOSING PARTY 4B. NAME, FIRM NAME, ADDRESS AND TELEPHONE NUMBER OF OPPOSING PARTY’S COUNSEL NHJB-2297-SUPREME (09/01/2008) Page 1 of 4 American LegalNet, Inc. www.FormsWorkflow.com Case Name: RULE 7 NOTICE OF DISCRETIONARY APPEAL 5. NAMES OF ALL OTHER PARTIES AND COUNSEL IN TRIAL COURT 6. DATE OF CLERK’S NOTICE OF DECISION OR SENTENCING. 7. CRIMINAL CASES: DEFENDANT’S SENTENCE AND BAIL STATUS DATE OF CLERK'S NOTICE OF DECISION ON POSTTRIAL MOTION, IF ANY. 8. APPELLATE DEFENDER REQUESTED? YES NO IF YOUR ANSWER IS YES, YOU MUST CITE STATUTE OR OTHER LEGAL AUTHORITY UPON WHICH CRIMINAL LIABILITY WAS BASED AND ATTACH FINANCIAL AFFIDAVIT (OCC FORM 4) 9. IS ANY PART OF CASE CONFIDENTIAL? YES 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 YES NO DISQUALIFIED FROM THIS CASE? 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? YES NO IF YOUR ANSWER IS YES, YOU MUST COMPLETE THE TRANSCRIPT ORDER FORM ON PAGE 4 OF THIS FORM. NHJB-2297-SUPREME (09/01/2008) Page 2 of 4 American LegalNet, Inc. www.FormsWorkflow.com Case Name: RULE 7 NOTICE OF DISCRETIONARY APPEAL 13. NATURE OF CASE AND RESULT (Limit two pages double-spaced; please attach.) 14. ISSUES ON APPEAL (Limit eight pages double-spaced; please attach.) 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 court’s 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, 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 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 clerk’s notice of the decision below; (3) any court order deciding a timely post-trial motion; and (4) the clerk’s notice of any order deciding a timely post-trial motion. Do not attach any other documents to this notice of appeal. Any other documents you wish to submit must be included in a separately bound 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 Rule 26(2). Date NHJB-2297-SUPREME (09/01/2008) Appealing Party or Counsel Page 3 of 4 American LegalNet, Inc. www.FormsWorkflow.com Case Name: RULE 7 NOTICE OF DISCRETIONARY APPEAL 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 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. A paper copy of the transcript will be prepared for the court. Parties will be provided with an electronic copy of the transcript in PDF format. DATE OF PROCEEDING TYPE OF PROCEEDING LENGTH OF PROCEEDING NAME OF JUDGE(S) PORTIONS PREVIOUSLY PREPARED DEPOSIT (SEE SCHEDULE BELOW) $ $ $ $ $ $ TOTAL DEPOSIT: $ DO NOT SEND DEPOSIT AT THIS TIME. SCHEDULE OF DEPOSITS Length of Proceeding Deposit Amount Hearing or trial of one hour or less $ 175 Hearing or trial up to ½ day $ 450 Hearing or trial of more than ½ day $ 900/day NOTE: The deposit is an estimate of the transcript cost. After the transcript has been completed, you may 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. NHJB-2297-SUPREME (09/01/2008) Page 4 of 4 American LegalNet, Inc. www.FormsWorkflow.com