Superior Court Rules Table of Contents
As good cause appears and as justice may require, the court
may waive the application of any rule.
Upon the violation of any rule of court, the court may take
such action as justice may require. Such action may include, without limitation,
the imposition of monetary sanctions against either counsel or a party, which
may include fines to be paid to the court, and reasonable attorney's fees and
costs to be paid to the opposing party.
References in court
rules to the district court shall be deemed to include the circuit court
– district division; references to the probate court shall be deemed
to include the circuit court – probate division; and references to the
judicial branch family division shall be deemed to include the circuit court –
family division.
WRITS
[Editor's Note: Superior Court Pilot Project Rules 1 through 5 apply in civil and equity actions filed on or after
September 1, 2010 in Carroll County Superior Court or Strafford County Superior
Court; on or after October 1, 2012, in Hillsborough County Superior Court; and
on or after March 1, 2013, in Superior Courts for Belknap, Cheshire, Coos, Grafton, Merrimack, Rockingham and Sullivan Counties.
1. The Clerks shall deliver blank writs to no one except
attorneys who have been admitted by the Supreme Court, provided, however, if a
party shall elect to prosecute a suit in his own proper person or by a citizen
of good character who is not an attorney of the Courts, he shall, upon filing
with the Clerk his receipt specifying the action in which a writ is desired for
use, be entitled to receive personally from the Clerk a blank writ on which said
Clerk shall endorse over the date of delivery and his signature the words
"For use only in an action wherein ____________ plaintiff and ____________
defendant". If such party shall elect to prosecute by such citizen of good
character, he shall before receiving said blank writ file with the Clerk a
letter of attorney constituting such person his attorney in such action. The use
of a writ so received for any other action or purpose than that specified in
said receipt and endorsed on said writ shall be deemed an abuse of process, and
the recipient and any other person offending shall be subject to contempt of
Court. The Clerk shall acquaint each recipient with the wording and import of
this rule.
No attorney, who has been admitted by the Supreme Court,
shall suffer any blank writ to be used by any other person than himself or some
attorney of the Court.