New Hampshire Revised Statutes 490-J:6 – Cases Already Filed in Court
Current as of: 2023 | Check for updates
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I. Parties who have already initiated a proceeding by filing a petition with the court may jointly request the court to stay future action in the matter so the parties may engage in a collaborative process for resolution of the matter. Before signing a participation agreement, the parties shall file an assented to motion to stay the proceedings with the court. The case shall not proceed with the collaborative process unless the stay is granted by the court. An extension of the stay may be requested of the court by written agreement to continue the collaborative process.
II. Either party can initiate a filing with the court to remove the stay and proceed with a litigated solution in the matter at any time.
III. Any unilateral filing with the court terminates the collaborative case. The case shall be returned to the active docket.
IV. A court shall provide parties notice and an opportunity to be heard before dismissing a case in which a notice of collaborative process is filed.
II. Either party can initiate a filing with the court to remove the stay and proceed with a litigated solution in the matter at any time.
Terms Used In New Hampshire Revised Statutes 490-J:6
- Docket: A log containing brief entries of court proceedings.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
III. Any unilateral filing with the court terminates the collaborative case. The case shall be returned to the active docket.
IV. A court shall provide parties notice and an opportunity to be heard before dismissing a case in which a notice of collaborative process is filed.