The New Mandatory Self-Disclosure Rule in New Hampshire's Family Division

The Rule was adopted as part of an ongoing effort to increase efficiency in the process of domestic relations cases. Compliance with this Rule should assist parties and counsel in avoiding many costly and time-consuming discovery disputes. By codifying the expectations of which types of information must be produced, the Rule creates a uniform approach to financial discovery. This Rule provides for the exchange of basic discovery early on in the case, which starts the parties off on a positive note because they are exchanging and sharing information rather than litigating contested issues. In domestic relations cases, the parties do not always have equal access to information about financial matters. Requiring mandatory disclosure may assist in leveling the playing field, allowing both parties access to information, which in turn should enable them to prepare for settlement discussions.

Understanding the practical implications of the new Mandatory Initial Self Disclosure Rule is extremely important for lawyers and clients. Because mandatory disclosure provides for the exchange of basic discovery necessary for the resolution of any case, it presents an opportunity to focus the divorce or other family law process to which the new rule applies, on cooperation rather than conflict. In addition to leveling the playing field by ensuring the exchange of basic information, it also encourages cooperation between counsel, not just for mandatory disclosure but for the exchange of other relevant discovery. The modeling by the attorneys in having their clients exchange information in a timely fashion under the Rule creates an environment where one is more likely to get other discovery by agreement. As Family Division Administrative Judge Edwin Kelly states:

The collaborative effort between the court and bar in producing the Mandatory Disclosure Rule will, we hope, result in an equally collaborative effort geared toward implementing the Rule. Members of the bar will be called upon to honor the intention of the Rule, which is to reduce the conflict and motion practice related to discovery in family cases. Over the years, conflict on these basic issues has consumed the time and resources of the bar, the court and, most importantly, the thousands of families whose cases are the subject of dispute in the state's family courts. It goes without saying that none of us can afford this unnecessary use of our limited resources, nor does it serve either the best interest of the families before the court or our system of justice to continue down this adversarial path.

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