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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 3.21. Procedure after trial.


    A. A motion to set aside a verdict shall be filed within ten days of the date on the clerk's written notice of the order or decision, which shall be mailed by the clerk on the date of the notice, and shall fully state all reasons and arguments relied on.

    B. In all actions at law or in equity, in which a verdict or decree is entered, or in which a motion for a nonsuit or directed verdict is granted, or in which a bill in equity is dismissed, or in which any motion is acted upon after verdict or decree, all appeals relating to the action shall be deemed waived and final judgment shall be entered as follows, unless the Court has otherwise ordered, or unless a notice of appeal has then been filed with the Supreme Court pursuant to its Rule 7:

        a. where no motion, or an untimely filed motion, has been filed after verdict or decree, on the thirty-first day from the date on the Clerk's written notice that the Court has made the aforementioned entry, grant, or dismissal; or

        b. where a timely filed motion has been filed after verdict or decree, on the thirty-first day from the date on the Clerk's written notice that the Court has taken action on the motion.

    C. Final default may be entered by the Court, sua sponte, where appropriate, or by motion of a party, a copy of which shall be sent to all parties defaulted or otherwise.

    In all cases in which final default is entered, whether due to failure to file an appearance, answer, or otherwise, the case shall be marked "final default entered, continued for entry of judgment or decree upon compliance with District Court Rule 3.21(C)." A copy of the Court's order and any subsequent orders shall be mailed to all parties, defaulted or otherwise.

    The non-defaulting party may then request entry of final judgment or decree, by filing a motion, together with an affidavit of damages or, in equity cases a proposed decree, and where the default is based on a failure to file an appearance, shall include an affidavit as to military service. The moving party shall certify to the Court that a copy of all pleadings has been mailed to the defaulting party and shall include a notice that entry of final judgment or decree is being sought. Any party may request a hearing as to final judgment or decree. All notices under this rule shall be sufficient if mailed to the last known address of the defaulting party.

    A hearing as to final judgment or decree shall be scheduled upon the request of any party. Otherwise, the Court may enter final judgment or decree based on the pleadings submitted or exercise its discretion to hold a hearing depending on the circumstances of the default, the sufficiency of the pleadings and the nature of the damages sought or relief requested.

    If the Court schedules a hearing, all parties, defaulted or otherwise, shall receive notice and an opportunity to be heard.

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Circuit Court District Division Rules Table of Contents