Cited by

(quotation omitted); see also City of Claremont v. Truell, 126 N.H. 30, 39 (1985) (“A statute will not be construed to be unconstitutional where it is susceptible to a construction rendering it constitutional.” (quotation omitted)).

(quotation omitted); see also City of Claremont v. Truell, 126 N.H. 30, 39, 489 A.2d 581 (1985) ("A statute will not be construed to be unconstitutional where it is susceptible to a construction rendering it constitutional."

City of Claremont v. Truell, 126 N.H. 30, 35 (1985).

City of Claremont v. Truell, 126 N.H. 30, 36 (1985).

“It is well settled that an elementary and fundamental requirement of due process is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” City of Claremont v. Truell, 126 N.H. 30, 35 (1985) (quotations, brackets and ellipses omitted).

Under the Fourteenth Amendment of the Federal Constitution, “an elementary and fundamental requirement of due process is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” City of Claremont v. Truell, 126 N.H. 30, 35 (1985) (brackets, quotations and ellipses omitted).

Under both Part I, Article 15 of the New Hampshire Constitution and the Fourteenth Amendment of the Federal Constitution, “an elementary and fundamental requirement of due process is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” City of Claremont v. Truell, 126 N.H. 30, 35, 489 A.2d 581, 585 (1985) (brackets, quotations, and ellipses omitted).

“[D]ue process under our constitutional republic has, as a primary consideration, the notion that no matter how rich or how poor, all of our citizens are entitled to fundamental fairness when the government seeks to take action which will deprive them of their property or liberty interests.” City of Claremont v. Truell, 126 N.H. 30, 36, 489 A.2d 581, 586 (1985) (quotation omitted).

City of Claremont v. Truell, 126 N.H. 30, 35, 489 A.2d 581, 585 (1985); N.H. CONST, pt.

Logan v. Zimmerman Brush Co., 455 U.S. 422, 428 (1982); City of Claremont v. Truell, 126 N.H. 30, 36, 489 A.2d 581, 586 (1985).

Although the court did not explain this feature of its order, the denial may have reflected a mistaken application of City of Claremont v. Truell, 126 N.H. 30, 489 A.2d 581 (1985).

City of Claremont v. Truell, 126 N.H. 30, 35, 489 A.2d 581, 585 (1985); Sununu v. Clamshell Alliance, 122 N.H. 668, 672, 448 A.2d 431, 434 (1982).

City of Claremont v. Truell, 126 N.H. 30, 36, 489 A.2d 581, 586 (1985).

Due process requires “‘notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.’” City of Claremont v. Truell, 126 N.H. 30, 35, 489 A.2d 581, 585 (1985) (quoting Mullane v. Central Hanover Tr.

The defendant alleges that the court calculated his indebtedness without reference to his ability to pay support during the period prior to the decree, and he therefore claims that the decree of indebtedness violates the due process requirement of City of Claremont v. Truell, 126 N.H. 30, 489 A.2d 581 (1985).

City of Claremont v. Truell, 126 N.H. 30, 35, 489 A.2d 581, 585 (1985).

In the first, we state that “‘[a] statute will not be construed to be unconstitutional where it is susceptible to a construction rendering it constitutional.’” City of Claremont v. Truell, 126 N.H. 30, 39, 489 A.2d 581, 588 (1985) (quoting White v. Lee, 124 N.H. 69, 77-78, 470 A.2d 849, 854 (1983)); see also Jarvis v. Claremont, 83 N.H. 176, 180, 139 A. 747, 749 (1927); Canaan v. District, 74 N.H. 517, 529-30, 70 A. 250, 254 (1908).

Conceptually, it would be possible to consider a speedy disposition issue either under article 14, with its guarantee of justice “promptly and without delay,” or under the broader guarantee of due process under article 15, which we have interpreted generally to impose a requirement of fundamental fairness.

Second, the record does not clearly indicate whether any such claim would be barred for failure to give the plaintiff timely notice of his potential liability, as required by our holding in City of Claremont v. Truell, 126 N.H. 30, 38, 489 A.2d 581, 587 (1985).

City of Claremont v. Truell, 126 N.H. 30, 36, 489 A.2d 581, 586 (1985).

It is a well settled rule of statutory construction “that in the case of conflicting statutory provisions, the specific statute controls over the general statute.” In re Robert C., 120 N.H. 221, 225, 412 A.2d 1037, 1040 (1980); City of Claremont v. Truell, 126 N.H. 30, 43, 489 A.2d 581, 590 (1985).