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Rule 2.29 – Effective Dates

May 14, 2021 | Family Law, New Hampshire

A. Uncontested Matters. Decrees in uncontested cases where the parties have filed a permanent agreement shall become effective on the date signed by the judge, or countersigned by a judge pursuant to RSA 490-D:9, unless otherwise specified by the Court.
B. Contested and Defaulted Matters. In contested cases or upon the default of either party, the following rules apply.

1. The following orders are effective upon the issuance of the clerk’s notice of decision, unless the court specifies, either orally or in writing, another effective date:

a. Temporary orders;
b. Parenting plans;
c. Uniform support orders;
d. Orders for alimony or payment of on-going expenses; and
e. Provisions concerning the welfare of a child or the safety of a party, at the discretion of the court.
2. All orders other than those described in subsection 1 are effective on the 31st day from the date of the clerk’s notice of decision unless the order specifies another effective date, a party files a timely post-decision motion (see Supreme Court Rule 7(1)(c)), or a party files an appeal.
3. If any party files a timely post-decision motion, but no appeal is filed, all orders other than those described in subsection 1 are effective on the 31st day from the date of the clerk’s notice of decision on the motion or another date at the discretion of the court.
4. If any party files an appeal, all orders described in subsection 1 shall continue in effect until the supreme court mandate or the conclusion of such further proceedings as the supreme court may order, whichever is last. During this period, no orders as to marital status or parentage or as to property division shall take effect.
5. Nothing in this Rule modifies Family Division Rule 1.31 or Supreme Court Rule 7 as to the time for filing an appeal.
C. Inactive Cases. All domestic relations cases which have been placed on hold by request of the parties shall be dismissed after six (6) months unless there is a request by a party to reactivate the case, or a request for a further extension for good cause.

N.H. R. Cir. Ct. Fam. Div. 2.29

Amended Nov.10, 2015., eff. Jan. 1, 2016; amended Oct. 17, 2016, eff. Jan. 1, 2017; amended Dec. 21, 2016, eff. Jan. 1, 2017.

Comment

Pursuant to paragraph B(4), the supreme court may specify effective dates of orders when appropriate, but this paragraph is not intended to affect the family court’s existing authority to act on certain matters while an appeal is pending. See Nicolazzi v. Nicolazzi, 131 N.H. 694 (1989); Rollins v. Rollins, 122 N.H. 6 (1982); Rautenberg v. Munnis, 107 N.H. 446 (1966).