Browse Previous PageTable of ContentsBrowse Next Page


Circuit Court District Division Rules Table of Contents

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

LANDLORD AND TENANT ACTIONS

Rule 5.10. Post Trial Motions and Appeals.

    
    A. Post trial motions in all cases shall be filed within seven days after the date of the Clerk's Notice of Judgment.

    B. Appeals are initiated by filing a Notice of Intent to Appeal with the Clerk within seven days after the date of the Clerk's Notice of Judgment. If the possessory action was based on nonpayment of rent and the defendant files a Notice of Intent to Appeal, the defendant must, at the time the defendant files the Notice of Intent to Appeal, pay into Court one week's rent as determined by the Court. The appeal shall otherwise be filed in accordance with Supreme Court rules.

    C.   At any time during the pendency of the appeal, the landlord may file a motion to the district court for recovery of the rent money that has been paid into court pursuant to RSA 540:25, I. The court may grant such motion unless the tenant objects and the court rules that the landlord is not lawfully entitled to the full amount of rent. If the court rules that the landlord is not entitled to the full amount of the rent, it shall release such portion of the rent to which the court deems the landlord is lawfully entitled, if any, and make specific findings in support of its decision to deny or partially deny the landlord's motion. The rent money retained by the court shall be apportioned between the landlord and the tenant upon final disposition of the appeal.

    D.   The filing of a post trial motion does not stay the running of the seven day period for filing a Notice of Intent to Appeal.

Browse Previous PageTable of ContentsBrowse Next Page


Circuit Court District Division Rules Table of Contents