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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Richard Horton & a. v. David Clemens & a. (2020)

Citation
Richard Horton & a. v. David Clemens & a. (2020)
Parent Document
Richard Horton & a. v. David Clemens & a. (2020)
Jurisdiction
New Hampshire (state)
Effective Date
2020-08-11

Other Sections in This Document (35)

Full Text

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The landlords assert that the language on the form is “beyond the scope
of the Circuit Court’s authority to create forms that comply with existing law.”
However, the judicial branch has the authority to create judicial forms that are
“necessary for the effective administration of justice.” RSA 490:26-d.
Informing a tenant of the legal effect of an eviction notice is consistent with
that authority. Doing so is also consistent with the judicial branch’s general
obligation under Part I, Article 14 of the State Constitution to ensure equal
access to justice.1 See N.H. CONST. pt. I, art. 14 (“Every subject of this state is
entitled to a certain remedy, by having recourse to the laws, for all injuries he
may receive . . . ; to obtain right and justice freely, without being obligated to
purchase it; completely, and without any denial; promptly, and without delay;
conformably to the laws.”); see also Huckins v. McSweeney, 166 N.H. 176, 180
(2014) (explaining that the purpose of Part I, Article 14 “is to make civil
remedies available and to guard against arbitrary and discriminatory
infringements upon access to courts”).