This bill aims to clarify the equity jurisdiction of the judicial branch family division, which is now referred to as the circuit court, family division. The proposed changes involve amending RSA 490-D:3 to specify that the judicial branch family division shall have the powers of a court of equity in cases where subject matter jurisdiction lies with it and where no other special provision has been made by law. The language "Notwithstanding any law to the contrary, the" is deleted and replaced with "The," streamlining the text. Additionally, the bill emphasizes that suits in equity, such as petitions for divorce, alimony, and custody, may be heard based on oral testimony or depositions, and it allows for flexibility in how these cases are presented and decided.

The bill also maintains that the judicial branch family division can have issues of fact framed and tried by a jury, adhering to the rules in equity and common law proceedings. The effective date for this act is set for January 1, 2027, allowing time for the necessary adjustments to be made within the judicial system. Overall, the bill seeks to enhance the clarity and functionality of the family division's equity jurisdiction.

Statutes affected:
Introduced: 490-D:3
HB1206 text: 490-D:3