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Section 8 applies only to criminal cases. If you are requesting the appointment of the appellate

defender to handle your appeal, list the NH statute, e.g., RSA 636:1, that you were convicted of

violating. You must also submit a financial affidavit and application for court appointed counsel. If

you need a financial affidavit form, contact the clerk’s office.

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 you to list the questions that you intend to raise on appeal. If you desire to add a

question at a later date, you must file a motion to add a question. Review Supreme Court Rule

16(3)(b).

Section 14 requires you to certify that the issues listed in section 13 were presented in the trial

court and were properly preserved for appellate review. It also requires you to certify that you have

sent the required number of copies of the notice of appeal form and attachments to the other parties

and the clerk of the trial court.

Transcript Order Form (page 4)

Review Supreme Court Rule 15. If you are requesting a transcript, you must list the dates of the

hearings or trial that you wish to have transcribed and calculate the deposit required. The first step is

to list the date or dates of each proceeding that you wish to have transcribed. You must list each

date separately even if the proceeding occurred on consecutive dates. For example, if a trial began

on May 1, 2011 and continued through May 3, 2011, you must list May 1, 2011, May 2, 2011, and

May 3, 2011. Second, estimate the length (in ½ hour segments) of the proceedings on each date

listed. Third, calculate the deposit for each date listed. The deposit is an estimate of the cost of

preparing the transcript and is based on the length of the proceedings to be transcribed. For each

date that you list, multiply the length of the proceedings in hours by $137.50 (the average cost of

transcribing one hour). For example, if the proceeding on May 1, 2011 lasted for 5 ½ hours, the

estimated deposit for that date would be $756.25 (5.5 x $137.50). Finally, calculate the total deposit

by adding together the required deposits for each of the dates that you are requesting. DO NOT

SEND THE DEPOSIT WITH YOUR NOTICE OF APPEAL. When your appeal is accepted, you will

receive an order from the Supreme Court advising you how to make your payment and of the

NHJB-2296-SUP-Instructions (12/23/2013)

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

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