NHCaseLaw.com

PER CURIAM. The petitioners, Sherman D. Horton, Jr., David A. Brock, and John T. Broderick, Jr., appeal an order of the Superior Court (Fitzgerald, J.) dismissing their petition for declaratory judgment and other relief in which they sought reimbursement from the State of New Hampshire for legal fees and costs incurred during the course of their impeachment proceedings. We affirm.

The parties to this action appeared for jury selection on January 10, 2005, with the case scheduled to commence trial on January 18, 2005. The action was dismissed by the trial judge, McGuire, J., at the conclusion of the plaintiffs’ case. Defendants were prepared to unconditionally waive their right to attorney-conducted voir dire pursuant to RSA 500-A:12-a. Plaintiffs were prepared to conditionally waive this right if, and only if, the court asked all of the voir dire questions submitted by plaintiffs. Many of the questions were not of the type the court would ask as they sounded like the court was suggesting a result to the venire.

Plaintiffs have filed this negligence action for damages arising from a motor vehicle incident which occurred on or about December 16, 2003. Before the Court is plaintiffs’ motion to allow expert disclosure without compliance with RSA 516:29-b. This motion asserts that the disclosure and reporting provisions of the statute, RSA 516:29-b, II & III, do not apply to treating physicians and that the statute is unconstitutional. Defendant objects.

Sherman D. Horton, Jr., David A. Brock, and John T. Broderick, Jr. have filed a Petition for Declaratory Judgment and Other Relief seeking, inter alia, to be paid and/or reimbursed by the State of New Hampshire their reasonable legal fees and costs incurred as a result of the claims they have been subjected to, and have prevailed as to, involved in the impeachment proceedings initiated by the New Hampshire House of Representatives on or about April 13, 2000.