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

PREFACE

Rule 1. DEFINITIONS.

Rule 2. PETITIONS, APPEARANCES - Addresses.

Rule 3. PETITIONS - Entry.

Rule 4. PETITIONS, MOTIONS, OR PLEADINGS - Approved Forms, Form Reproduction 

Rule 5. PETITIONS, MOTIONS, OR PLEADINGS - Failure to Comply with Rules or Statutes.

Rule 6. PETITIONS, MOTIONS, OR PLEADINGS - Addressing the Court.

Rules 7-9. [Reserved for Future Use].

Rule 10. DOCKETS.

Rule 11. DOCKETS - Order of Presentation.

Rule 12. COMPUTATION AND EXTENSION OF TIME.

Rule 13. TRIAL ASSIGNMENT CALENDAR.

Rule 14. APPEARANCES - General and Special.

Rule 15. EXECUTION OF PLEADINGS.

Rule 16. ADDRESSING THE COURT.

Rule 17. [Reserved for Future Use].

Rule 18. ATTORNEYS - Testifying.

Rule 19. ATTORNEYS - Appearing Pro Hac Vice.

Rule 20. WITHDRAWALS.

Rule 21. PLEADINGS - Copies to all Parties.

Rule 22. ATTORNEYS - Surety.

Rule 23. SPECIFICATIONS.

Rules 24-26. [Reserved for Future Use].

Rule 27. THIRD PARTY PRACTICE.

Rules 27A to 28.  [Reserved for Future Use].

Rule 29. ORDERS TO PLEAD.

Rules 30-32. [Reserved for Future Use].

Rule 33. COUNTERCLAIMS.

Rule 34. [Reserved for Future Use].

Rule 35. DISCOVERY.

Rule 36. WRITTEN INTERROGATORIES.

Rule 36-A. WRITTEN INTERROGATORIES - Objections.

Rule 37. [Reserved for Future Use].

Rule 38. DEPOSITIONS - Notice.

Rule 39. DEPOSITIONS - Stenographer.

Rule 40. DEPOSITIONS - Delivery of Notice.

Rule 41. DEPOSITIONS - Procedure.

Rule 42. DEPOSITIONS - Out of State.

Rule 43. [Reserved for Future Use].

Rule 44. DEPOSITIONS AND INTERROGATORIES - Refusal to Answer.

Rule 45. USE OF VIDEOTAPE DEPOSITIONS - Procedure.

Rule 45-A. USE OF VIDEOTAPE DEPOSITIONS - Procedure for Objections.

Rule 46. CONTINUANCES - Unavailability of a Material Witness.

Rule 47. CONTINUANCES - Unavailability of Material Evidence.

Rule 48. CONTINUANCES.

Rule 49. CONTINUANCES - Motions.

Rule 49-A. CONTINUANCES - Scheduling Conflict.

Rule 50. CONTINUANCES - Court Approval Necessary.

Rule 50-A. RECUSAL.

Rule 51. SETTLEMENTS - Docket Markings.

Rule 52. CONTINUANCES - Extension of Return Day.

Rule 53. [Reserved for Future Use].

Rule 54. ADMISSION OF RELEVANT FACTS, GENUINENESS OF DOCUMENTS AND SIGNATURES - Procedure.

Rule 55. [Reserved for Future Use].

Rule 56. WITHDRAWING PAPERS.

Rule 57. MOTIONS - Requirements.

Rule 57-A. MOTIONS - Certification of Attempt to Obtain Concurrence.

Rule 58. MOTIONS - Objections and Oral Argument.

Rule 58-A. MOTIONS FOR SUMMARY JUDGMENT.

Rule 59. PLEADINGS - Frivolous Conduct.

Rule 59-A. MOTIONS FOR RECONSIDERATION.

Rule 60. HEARINGS - Contested Matters.

Rule 61. NOTICE OF DECISIONS - Uncontested Matters.

Rule 61-A. NOTICE OF DECISIONS - Contested Matters.

Rule 61-B. UNTIMELY-FILED GUARDIAN AD LITEM REPORTS.

Rule 62. STRUCTURING CONFERENCES AND PRETRIAL PROCEDURES.

Rule 63. STANDING PRETRIAL ORDERS.

Rule 63-A. PROCEDURE DURING TRIAL - Offers of Proof.

Rule 64. PROCEDURE DURING TRIAL - Copies to Court.

Rule 64-A. [Reserved for Future Use].

Rule 65. PROCEDURE DURING TRIAL - Examination of Witness.

Rule 66. PROCEDURE DURING TRIAL - Objections.

Rule 67. PROCEDURE DURING TRIAL - Witness Re-examination.

Rule 68. PROCEDURE DURING TRIAL - Criminal Record.

Rule 69. PROCEDURE DURING TRIAL - Recall of Witness.

Rule 70. PROCEDURE DURING TRIAL - Presentation of Case.

Rule 71. PROCEDURE DURING TRIAL - Opening and Closing Statements.

Rule 72. PROCEDURE DURING TRIAL - Requests and Memoranda.

Rule 72-A. PROCEDURE AFTER TRIAL - Decisions.

Rule 73. [Reserved for Future Use].

Rule 74. PROCEDURE AFTER TRIAL - Final Judgment.

Rule 75. PROCEDURE AFTER DEFAULT.

Rule 76. APPEALS TO SUPERIOR COURT.

Rule 77. [Reserved for Future Use].

Rule 77-A. EXCEPTIONS UNNECESSARY.

Rule 77-B. [Reserved for Future Use].

Rule 78. PHOTOGRAPHING, RECORDING AND BROADCASTING.

Rule 78-A. TRANSCRIPTS.

Rule 78-B. DUPLICATION OF AUDIO TAPES.

Rule 79. INTERLOCUTORY TRANSFERS AND APPEALS TO THE SUPREME COURT - Procedure.

Rule 80. INTERLOCUTORY TRANSFERS AND APPEALS TO THE SUPREME COURT - Transcripts.

Rule 81. MATTERS BEFORE MASTERS AND REFEREES.

Rule 82. MATTERS BEFORE MASTERS AND REFEREES - Non-compliance.

Rule 83. MATTERS BEFORE MASTERS AND REFEREES - Amendments and Assessment of Costs.

Rule 84. MATTERS BEFORE MASTERS AND REFEREES - Approval by Probate Judge.

Rule 85. MATTERS BEFORE MASTERS AND REFEREES - Questions of Law Reported.

Rule 85-A. [Reserved for Future Use].

Rule 86. TRUSTEES - Disclosure. (Repealed.)

Rule 87. TAXATION OF COSTS.

Rule 88. FEES AND EXPENSES - Fiduciary and Attorney.

Rule 89. FORMAL PROOF OF HIGHWAY WAIVED UNLESS DEMANDED.

Rule 90. ADOPTION - Personal Attendance.

Rule 91. ADOPTION OF FOREIGN-BORN CHILD.

Rule 91-A. [Reserved for Future Use].

Rule 92. ADOPTIONS - Proof of Birth, Guardianship Pending.

Rule 93. PROCESSING AND DISPOSITION OF TERMINATION OF PARENTAL RIGHTS CASES

Rules 93-A to 94 [Reserved for Future Use].

Rule 95. CRIMINAL CONTEMPT.

Rule 96. WILLS - Filed without Administration.

Rule 96-A. [Reserved for Future Use].

Rule 97. WILLS - Proof by Codicil.

Rule 98. WILLS - Nuncupative or Lost.

Rule 99. WILLS - With Charitable Trust, Charitable Remainder Trust or Charitable Bequest.

Rule 99-A. [Reserved for Future Use].

Rule 100. VOLUNTARY ADMINISTRATIONS - Contribution of Non-estate Funds.

Rule 100-A. [Reserved for Future Use].

Rule 101. STATUS REPORTS - Estates Opened Solely to Pursue a Cause of Action.

Rule 102. PRIVATE CLAIM BY OR AGAINST FIDUCIARY.

Rule 102-A. CREDITOR'S CLAIM.

Rule 103. BONDS - Corporate.

Rule 103-A. BONDS - Personal.

Rule 103-B. BONDS - Change of Sureties or Penal Sum of Bond.

Rule 104. SURETY OR BENEFICIARY AS APPRAISER OR COMMISSIONER.

Rule 105. [Reserved for Future Use].

Rule 105-A. INVENTORIES - Failure to Object.

Rule 106. MOTIONS FOR LICENSE TO SELL, MORTGAGE, OR LEASE.

Rule 106-A. MOTIONS FOR LICENSE TO SELL REAL ESTATE TO PAY DEBTS OR LEGACIES.

Rule 106-B. LICENSE TO SELL, MORTGAGE, OR LEASE - Notification of Proceeds.

Rule 106-C. LICENSE TO SELL, MORTGAGE, OR LEASE - Return.

Rule 107. SALES WITHOUT LICENSE.

Rule 108. FIDUCIARY ACCOUNTING STANDARDS.

Rule 108-A. ACCOUNTS - Failure to Object.

Rule 108-B. ACCOUNTS - Personal Attendance.

Rule 109. INTERPRETERS.

Rule 110. MOTIONS FOR COMMISSIONER OF INSOLVENCY. [Repealed]

Rule 111. GUARDIANSHIP OF MINORS NECESSITATED BY RSA 464-A:42.

Rule 111-A. GUARDIANSHIP OF MINORS - Procedure on Receipt of Additional Assets.

Rule 112. CONFIDENTIAL INFORMATION.

Rule 113. CONSOLIDATION OF ACTIONS.

Rule 114. [Reserved for Future Use].

Rule 115. CHANGE OF VENUE, INCONVENIENT FORUM.

Rule 116. [Reserved for Future Use].

Rule 117. FORM OF PLEADING.

Rule 118. FORM OF EQUITY PETITIONS - Structure.

Rule 119. [Reserved for Future Use].

Rule 120. FORM OF PETITION AND ANSWER - Obligation to be concise.

Rule 121. FORM OF PETITION AND ANSWER - Numbered Paragraphs.

Rule 122. PETITION TO QUIET TITLE.

Rule 123. [Reserved for Future Use].

Rule 124. PETITION - Entry and Orders.

Rule 125. PETITION - Service.

Rule 126. PETITION - Attested copies.

Rule 127. PETITION - Time limits for Answer.

Rule 128. PETITION - Notice by Publication.

Rule 129. PETITION - Writs of Attachment.

Rule 130. [Reserved for Future Use].

Rule 131. APPEARANCES AND ANSWERS - Time to file.

Rule 132. EQUITY ANSWERS - Form.

Rule 133. ANSWERS.

Rule 134. [Reserved for Future Use].

Rule 135. AMENDMENTS TO PLEADINGS.

Rule 136. AMENDMENTS - Response.

Rule 137. REPLICATIONS - Equity.

Rule 138. [Reserved for Future Use].

Rule 139. NEW PARTIES.

Rule 140. SECURITY FOR COSTS.

Rule 141. PRELIMINARY ORDERS.

Rule 142. CONTEMPT AND ARREST.

Rule 143. CONTEMPT AND ARREST - Bail.

Rules 144-149. [Reserved for Future Use].

Rule 150. STIPULATIONS OR AGREEMENTS.

Rules 151-160. [Reserved for Future Use].

Rule 161. TEMPORARY RESTRAINING ORDERS; PRELIMINARY INJUNCTIONS.

Rule 162. INJUNCTIONS - Filing of Pleading.

Rule 163. INJUNCTIONS - Bond.

Rule 164. PREPARATION OF EX PARTE DECREES.

Rules 165-168. [Reserved for Future Use].

Rule 169. FEES.

Rule 169-A. ACCESS TO CONFIDENTIAL RECORDS -- Fees and Notice.

Rules 170-171. [Reserved for Future Use].

Rule 172. Dismissal of Cases Pending Without Action.

FORMS

Probate Division Forms are available on the Judicial Branch Website.  Either click on the following link (Probate Division Forms), or return to the Judicial Branch home page, click on "Probate Court" in the menu on the left side of the page, and then click on the "Forms" icon at the top of that page.  To return to the Judicial Branch home page, click on return.

 

        NOTE: The rules as published herein are subject to revisions promulgated from time to time by the New Hampshire Supreme Court and published in the New Hampshire Bar News. See Supreme Court Rules 1 and 51.

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