Circuit Court District Division Rules Table of Contents
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 defendant’s
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.