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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

TOWN ORDINANCE VIOLATION RULES


   
Rule 6.1. A local official with authority to prosecute an offense under any municipal code, ordinance, bylaw, or regulation, if such offense is classified as a violation under applicable law, may issue and serve upon the defendant a Local Ordinance Citation and Summons.  The form to be used shall be provided by the court.

    Rule 6.2. 
A Local Ordinance Citation and Summons may be served upon the defendant by postpaid certified mail, return receipt requested. Return receipt showing that the defendant has received the citation and summons shall constitute an essential part of the service and shall be filed with the court prior to the arraignment. If service cannot be effected by certified mail, then the Court may direct that service on the defendant be completed as in other violation complaints.

    Rule 6.3
The Local Ordinance Citation and Summons shall be filed with the court no less than five days prior to the date of arraignment.  Absent a showing of accident, mistake or misfortune a complaint filed less than five days prior to the date of arraignment may be summarily dismissed by the Court.

    Rule 6.4.
Defendants who are issued a summons and local ordinance citation and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the civil penalty, as set forth in the citation, to the Clerk of the Court prior to the arraignment date, or shall appear in court on the date of arraignment.  A defendant who enters a plea of guilty or nolo contendere but who does not include payment of the civil penalty shall appear in court on the date of arraignment.

    Rule 6.5.
For cause, the Court in its discretion may refuse to accept a plea by mail and may impose a fine or penalty other than that stated in the local ordinance citation. The Court may order the defendant to appear personally in court for the disposition of the defendantís case.

    Rule 6.6.
The prosecuting official may serve additional local ordinance citations, without giving additional written notice, if the facts or circumstances constituting the violation continue beyond the date or dates of any prior citation. A plea of guilty or nolo contendere to the prior citation shall not affect the rights of the defendant with respect to a subsequent citation.

    Rule 6.7.
  These rules shall not apply to offenses that are subject to enforcement under RSA 676, or to motor vehicle offenses under title XXI or any local law enacted thereunder.  These rules are not intended in any way to abrogate other enforcement actions or remedies in the district or superior court, nor to require written notice as a prerequisite to other types of actions or remedies for violations of local codes, ordinances, bylaws, or regulations.

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Circuit Court District Division Rules Table of Contents