Gutbier v. Hannaford Bros.

NADEAU, J., and Brock, C.J.,

retired, specially assigned under RSA 490:3, dissenting. In reaching its decision, the majority concludes that Gutbier is precluded from petitioning for equitable discovery because she has a plain, adequate and complete remedy at law. This result, however, is inconsistent with the plain language of RSA 498:1 (1997) and our cases interpreting this statute.

In New Hampshire, “discovery” is delineated as one of the nineteen types of equity proceedings for which jurisdiction is specifically conferred on the superior court by statute. 5 R. WlEBUSCH, New HAMPSHIRE…