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The following are instructions for completing certain sections of the form:

Section 2 asks for the name of the judge or judges who issued the decision. List only the judges who

issued an order or orders that you are appealing. It is not necessary to list every judge who may

have ruled on a motion in your case unless you are appealing the judge’s ruling on the motion.

Section 6 requests the date of the clerk’s notice of decision or sentencing and the date of the clerk’s

notice of decision on a post-trial motion, if any. You are also required to attach to the form a copy of

the trial court decision that you are appealing and a copy of the clerk’s notice of this decision. If a

motion for reconsideration was filed, attach a copy of the trial court’s ruling on the motion and the trial

court clerk’s notice of the ruling.

Section 9 relates to requests for confidentiality. Complete this section if you believe that the notice of

appeal or any other documents should be kept confidential. You should review Supreme Court Rule

12 to determine if you are also required to file a motion to seal documents that you believe should be

confidential.

Section 11 requests information about the possible disqualification of a justice. If you believe that a

Supreme Court justice is disqualified from your case, you must file a motion for recusal. Review

Supreme Court Rule 21A.

Section 12 requests information about the transcript that is necessary for your appeal. Review

Supreme Court Rule 15. Before you complete this section, you must decide whether a transcript of

the trial court proceedings is necessary. In making this decision, keep in mind that you are

responsible for presenting the Supreme Court with a sufficient record to decide the issues on

appeal. If you intend to argue in the Supreme Court that a finding or conclusion is unsupported by

the evidence or is contrary to the evidence, you must include in the record a transcript of all evidence

relevant to such finding or conclusion. If you fail to provide a sufficient record, your appeal may be

dismissed or the court may not review an issue that you have raised. If a transcript is necessary for

the appeal, you must complete the transcript order form in the notice of appeal so that a transcript is

prepared before your brief is filed; after your brief is filed, it is generally too late for you to request a

transcript. If you believe that a transcript of the proceedings is not necessary, however, you are not

required to order one. You may order portions of a proceeding if you believe that a transcript of the

entire proceeding is not necessary. You may not divide the testimony of a witness, however. If you

request any part of a witness’ testimony, you will be required to have the entire testimony of the

witness transcribed. Finally, if you and the other parties agree, you may submit an agreed statement

of facts to eliminate the need for a transcript altogether.

Section 13 requires that you prepare a description of the case on a separate sheet(s) of paper and

attach it to the notice of appeal form. In the attachment, describe the nature of the case and indicate

what the result was in the trial court. The attachment is limited to two (2) double-spaced pages.

Section 14 requires that you prepare another attachment listing the issues that you intend to raise on

appeal. This section gives you an opportunity to explain why the court should accept your appeal.

Before you begin, review section 14 of the notice of appeal form, which describes the criteria that the

Supreme Court uses to decide whether to accept a case. Then prepare a list of the issues that you

intend to raise. List each issue in a separately numbered paragraph, and for each issue: (a) state the

issue; (b) explain why, considering the acceptance criteria listed on the form, the court should accept

the issue; and (c) if you intend to argue that the evidence was insufficient to support the judge’s or

jury’s decision, explain why the evidence was insufficient as a matter of law. This attachment is

limited to eight (8) double-spaced pages.

Section 15 requires you to attach to your notice of appeal the following documents in order: (1) a

copy of the trial court decision or order that you are appealing; (2) a copy of the trial court clerk’s

notice of the decision; (3) if a timely post-trial motion, such as a motion for reconsideration, was filed

in the trial court, a copy of the trial court’s decision on the motion; and (4) a copy of the clerk’s notice

NHJB-2297-SUP-Instructions (12/23/2013)

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Instructions For Filing A Rule 7 Discretionary Appeal - The State Of New Hampshire Judicial Branch Page 2

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