Bill Text: NH HB499 | 2023 | Regular Session | Introduced
Bill Title: Requiring the rules of evidence to apply in family court cases and relative to the admission of certain evidence in family court proceedings.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2023-09-20 - Subcommittee Work Session: 10/10/2023 09:30 am Legislative Office Building 202-204 House Calendar 38 [HB499 Detail]
Download: New_Hampshire-2023-HB499-Introduced.html
HB 499-FN - AS INTRODUCED
2023 SESSION
23-0601
06/05
HOUSE BILL 499-FN
SPONSORS: Rep. Hoell, Merr. 27; Rep. Kofalt, Hills. 32; Rep. Cushman, Hills. 28; Rep. Ankarberg, Straf. 7; Rep. Post, Hills. 42
COMMITTEE: Children and Family Law
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ANALYSIS
This bill requires the judicial branch family division to apply the New Hampshire rules of evidence in cases in the family division. The bill also requires the court to admit evidence or testimony offered by the respondent which the respondent believes will be favorable to his or her case.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0601
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Judicial Branch Family Division; Rules of Evidence; Admission of Evidence. Amend RSA 490-D by inserting after section 3 the following new section:
490-D:3-a New Hampshire Rules of Evidence; Admission of Evidence.
I. The court shall admit any evidence or testimony, in any form, offered by the respondent in a family division case which the respondent believes will be favorable to his or her case.
II. In all proceedings before the judicial branch family division, the court shall apply the New Hampshire rules of evidence to enhance the predictable, orderly, fair, and reliable presentation of evidence.
2 Effective Date. This act shall take effect 60 days after its passage.
23-0601
12/30/22
HB 499-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill requires the Judicial Branch Family Division to apply the New Hampshire rules of evidence in cases in the family division. It also requires the court to admit evidence or testimony offered by the respondent which the respondent believes will be favorable to his or her case.
The Judicial Branch states applying the New Hampshire rules of evidence in cases in the family division will not significantly change current practice and will not have a fiscal impact. However, in terms of requiring the Court to admit any evidence or testimony, in any form, offered by the responded in a family division case in which the respondent believes favorable to their case may impact the number of hearings and/or the additional time a hearing could take therefore increasing expenditures by an indeterminable amount.
It is assumed any fiscal impact would not occur until FY 2024.
AGENCIES CONTACTED:
Judicial Branch
