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Superior Court Rules Table of Contents

RULES OF THE SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE APPLICABLE IN CRIMINAL CASES FILED IN SUPERIOR COURT

 

[Editor’s note: The rules that follow were, prior to October 1, 2013, titled Rules of the Superior Court of the State of New Hampshire. Effective October 1, 2013, these rules applied only in criminal cases filed in Superior Court and in domestic relations cases filed in the Cheshire County Superior Court. Effective December 16, 2013 these rules apply only in criminal cases filed in Superior Court. For civil cases filed or pending in Superior Court on or after October 1, 2013, see the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions.]

ANSWERS AND DEMURRERS


    131. If the defendant, having been duly notified, shall neglect to enter his appearance on the return day, or shall neglect to file and deliver to the plaintiff's attorney his plea, answer or demurrer within the time prescribed in the order, the bill shall be taken pro confesso, and a decree entered accordingly. No such decree pro confesso shall be set aside, except by agreement, or by order of the court upon such terms as justice may require.


    132. Answers shall be entitled with the county in the margin, the title of the Court and case, and "The answer of," the party making it, in substance as follows:

SUPERIOR COURT

County of __________________                   __________ Term, 20____

A. B. & a. vs. C. D. & a.

    The Answer of C. D., etc.


    133. The defendant, in answering the allegations in the bill, libel or petition shall not do so evasively but shall answer fully and specifically every material allegation in the bill, libel or petition and set out his defense to each claim asserted by the bill, libel or petition. If the defendant is without knowledge to any particular facts, he shall so state and this will be treated as a denial. The answer of the defendant may state as many defenses as the defendant deems essential to his defense. The defendant may allege any new or special matter in his answer with a prayer for relief. An answer, to the effect that an allegation is neither admitted or denied, will be deemed an admission.

    All facts well alleged in the bill, libel or petition, and not denied or explained in the answer, will be held to be admitted.


    134. A demurrer shall be entitled like an answer, and its form shall be in substance: "The defendant says the plaintiff is not entitled upon his bill, to the relief prayed for, because", etc.

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