Chapter 499: Clerks of Court

The justices of the superior court shall appoint a clerk for each county; except that for Hillsborough county a clerk may be appointed for the court facility in Manchester serving the northern district of Hillsborough county and a clerk may be appointed for the court facility in Nashua serving the southern district of Hillsborough county. Any clerk may be removed at the pleasure of the court in accordance with personnel rules established by the supreme court.

The clerk shall keep all books, records, files and papers belonging to his office in a safe location when not in use, where they will be protected from fire, theft, water and the elements.

The superior court shall establish, subject to the approval of the supreme court, retention and destruction schedules for original files, papers and records in cases and matters disposed of by the court. The superior court shall be responsible for the implementation of the schedules and for directing that any files having the potential for historical significance shall be preserved or transferred to any public historical society or corporation organized for the preservation of historical documents. The schedule may provide for original records to be sent to the records center established under RSA 5.

If the superior court so determines, original files, papers and records in cases finally disposed of may be sent to the records and archives center established under RSA 8-B.

At or before the close of each term of the court, the clerk shall deliver to the sheriff proper executions, warrants or other processes for the collection of fines, costs or other money accruing to the state during the term, and transmit a list thereof to the supreme court.

Any clerk who neglects to deliver to the sheriff any such execution, warrant or other process, or to transmit such list to the supreme court, shall be guilty of a violation for each neglect.

Every clerk of the superior court shall, upon the felony conviction of any person licensed or registered as a health care provider in the state of New Hampshire, notify the appropriate health care regulatory board of such conviction. The clerk's duty under this section shall be limited to those instances where the clerk reasonably believes or knows that the person is a licensed health care provider.

All records, files and papers required to be deposited in the office of the clerk by any law shall be and remain records, files and papers of the office, unless otherwise provided, and the clerk shall be the proper officer to attest copies thereof.

The court, acting as a body, may make such allowance as it thinks proper to the clerks of the several counties in full for services by them rendered for which no fees are established by law.

A clerk of court may appoint one or more deputies with the approval of the superior court to perform the duties of his office while the clerk is absent or unable from any cause to act. The deputies so appointed shall hold office during the incumbency or pleasure of the clerk.

Appointment of a deputy shall be in writing and shall be approved by the justices of the court.

The clerk shall be responsible for any neglect or official misconduct of his deputy, and shall pay all charges for his services.

I. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the superior court for the benefit of the state.

II. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the applicable circuit court established in RSA 490-F for the benefit of the state. The clerk shall set aside 6 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 30 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III.

Except as otherwise specifically provided by the rules of the court, any person, by reason of poverty, may seek relief from the payment of any fees provided by law which are payable to any court, clerk of court, or sheriff. The court, upon the application of such person, which application may be filed without fee, may, in its discretion, order the payment of such fees waived. In any case in which a person is represented by a legal aid society, a federally funded legal services project, or counsel assigned in accordance with the rules of the court, all filing costs shall be waived by the clerk without the necessity of a court order. Fees for the service of process by sheriffs shall be a charge against the state.