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Circuit Court District Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

CIVIL RULES

Rule 3.2. Entry of actions.


    A. Writs may be entered with the court prior to service of process or after service of process. For purposes of complying with the statute of limitations, an action shall be deemed commenced on the date of service of the writ, or the date of entry of the writ, whichever event occurs first. Writs will not be accepted for entry unless the mail address and actual street address of each party plaintiff appear thereon (except domestic violence petitions, in accordance with RSA 173-B:3), and no appearance card shall be filed unless it contains the mail address and actual street address of each party defendant included in said appearance card. For good cause shown, any writ or appearance card rejected for non-compliance with this rule may, upon motion and compliance, be admitted for filing.
    
    For the purpose of compliance with any time deadlines or statutes of limitation, the terms "filing" and "entry" shall have the same meaning and shall be used interchangeably. Whenever any document is received by the court and time-stamped as received, or the receipt is entered on the court's database, the earlier of the two shall be accepted as filing or entry.
    
    All changes of either mail address or actual street address shall be filed with the Clerk. Whenever notice to a party is required, notice to the last mail address on file shall be deemed notice to, and binding on, the party.

    B. No civil action shall be entered upon the docket until the writ is filed and the entry fee paid, and no such action shall be entered after the day following the return day named in the writ, unless by agreement signed by the adverse party, or his attorney, or by leave of court after notice to the adverse party.

    C. [Repealed.]

    D. The Clerk may refuse to accept any pleading or motion that he determines does not comply with these rules. In the event an objection is made to such determination, a written motion may be made to the Court to rule on such determination.

    E. No attorney shall directly address himself by motion or pleading to any judge of any District Court, but he shall file such motion or pleading with the Clerk of that Court.

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Circuit Court District Division Rules Table of Contents