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Lawmakers hear testimony on HB1206 to clarify equity jurisdiction in family division
Summary
Representative David Love introduced HB1206 to clarify the family-division court’s equitable jurisdiction and align rules of evidence. Supporters said the change would help pro se litigants and restore due‑process protections in family court; some committee members asked technical drafting questions.
Representative David Love introduced House Bill 1206 to clarify equitable jurisdiction in the family division of New Hampshire’s courts and to make family‑court proceedings more accessible and understandable for litigants without lawyers.
Love framed the bill as correcting doctrinal and procedural confusion — including when common‑law equity and statutory rules apply — and as restoring basic due‑process protections such as access to evidence and jury issues where appropriate. He told the committee the family division now accounts for a large portion of the docket and that clearer statutory language would help pro se litigants and reduce procedural traps.
Public testimony included both support and skepticism. Robert Tanguay, who said he is involved in litigation, urged striking 'notwithstanding' language that he argued had limited superior‑court jurisdiction over family cases. Other witnesses said the bill would help clarifying the court's scope and align statutory language with long‑standing legal traditions.
Committee members asked for technical clarifications about the precise difference between struck and added language; senators indicated they would consult lawyers and the bill’s drafter for amendments to make the statute clearer.
No vote was taken that day; the bill remained in committee for further consideration.
