New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 547:37 (2026)
Retired Judges as Masters; Special Masters
✓ current as of May 2026
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547:37 Retired Judges as Masters; Special Masters. –
I.
Appointment in Contested Cases. A probate judge may appoint as a master in any contested case such former judge of the probate court as has retired therefrom by age limitation when to do so will expedite the business of the court. If a probate judge is unable for any cause to sit in any case, a member of the Bar of New Hampshire who is a disinterested justice of the peace, or a disinterested justice or special justice from a district court, attending upon written request of the sitting judge and approval of the administrative judge of the probate court, may hear as master and make recommendations as to the disposition of the case. Said appointed special master shall keep a record of the case, which shall be kept with and constitute a part of the records of said court, all of which shall be approved by the judge of said court before the order is issued.
II.
Compensation. Such master or special master when sitting as master shall be allowed per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council, established pursuant to supreme court rule, plus reasonable expenses. If the parties are indigent, the probate court, in its discretion, may assess such charges against the state; provided, however, that all bills submitted by the master for compensation shall first be submitted to the probate judge for approval.
I.
Appointment in Contested Cases. A probate judge may appoint as a master in any contested case such former judge of the probate court as has retired therefrom by age limitation when to do so will expedite the business of the court. If a probate judge is unable for any cause to sit in any case, a member of the Bar of New Hampshire who is a disinterested justice of the peace, or a disinterested justice or special justice from a district court, attending upon written request of the sitting judge and approval of the administrative judge of the probate court, may hear as master and make recommendations as to the disposition of the case. Said appointed special master shall keep a record of the case, which shall be kept with and constitute a part of the records of said court, all of which shall be approved by the judge of said court before the order is issued.
II.
Compensation. Such master or special master when sitting as master shall be allowed per diem compensation determined by the supreme court upon recommendation by the judicial branch administrative council, established pursuant to supreme court rule, plus reasonable expenses. If the parties are indigent, the probate court, in its discretion, may assess such charges against the state; provided, however, that all bills submitted by the master for compensation shall first be submitted to the probate judge for approval.
Source. 1979, 284:1. 1983, 383:53. 1992, 284:56, eff. Jan. 1, 1993.
Notes of Decisions
Cited in 3
cases, 1983–2001 · leading case: In re Cigna Healthcare, Inc., 777 A.2d 884 (N.H. 2001).
In re Cigna Healthcare, Inc., 777 A.2d 884 (N.H. 2001). “On April 27, 1999, the probate court appointed a special master pursuant to RSA 547:37 (1997) and issued its second interim order ruling, in part: The Court finds that during the period in which this Court shall exercise jurisdiction over the charitable assets of Optima, Elliot…”
In Re Doe, 465 A.2d 924 (N.H. 1983). “), who was specially appointed pursuant to RSA 547:37. The division of welfare submitted both written and oral testimony by two psychiatrists which diagnosed both Mr.”
Claremont Sch. Dist. v. Governor, 712 A.2d 612 (N.H. 1998). “lified to sit in any case”); RSA 490:8 (1997) (court may order master to hear and determine questions of fact pending before supreme court); RSA 491:23 (1997) (justices retired by reason of age limitation may be appointed as referees, auditors, and masters); RSA 493-A:l (1997)…”
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