New Hampshire Revised Statutes 490:6-a – Emergency Powers
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I. The chief justice of the supreme court or, if the chief justice is unavailable, the most senior associate justice available, shall have the power, upon the request of the governor, attorney general, or the chief justice of the superior court or the administrative judge of the district or probate court or the judicial branch family division, or on his or her own motion, in the event of a declared state of emergency, as defined in N.H. Rev. Stat. § 4:45, to enter such order or orders as may be appropriate to suspend, toll, or otherwise grant relief for a period of up to 21 calendar days from time deadlines imposed by otherwise applicable statutes and rules of procedure regarding speedy trial procedures in criminal and juvenile court proceedings, all civil and equitable court process and court proceedings, and all appellate court time limitations. Such order or orders may be renewed by a majority of the justices of the supreme court as justice may require; provided, however, that any such renewal with respect to applicable statutes shall be effective only upon the concurrence of the governor.
II. The general court may terminate any order entered pursuant to paragraph I of this section to the extent that it deals with applicable statutes by concurrent resolution adopted by a majority vote of each chamber. The justices’ authority to renew such an order to the extent that it deals with applicable statutes shall terminate upon the adoption of a concurrent resolution under this paragraph.
II. The general court may terminate any order entered pursuant to paragraph I of this section to the extent that it deals with applicable statutes by concurrent resolution adopted by a majority vote of each chamber. The justices’ authority to renew such an order to the extent that it deals with applicable statutes shall terminate upon the adoption of a concurrent resolution under this paragraph.
Terms Used In New Hampshire Revised Statutes 490:6-a
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Probate: Proving a will
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.