Superior Court Rules Table of Contents
[Editorís 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 apply only in
criminal cases filed in Superior Court and in domestic relations cases filed in
the Cheshire County 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.]
161. (a) Temporary Restraining Order; Notice; Hearing; Duration. A temporary restraining order in superior court proceedings may be granted only by a Justice of the Superior Court. It may be granted without written or oral notice to the adverse party or his or her attorney only if (1) it clearly appears to a Justice of the Superior Court from specific facts shown by affidavit or by the verified petition that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his or her attorney can be heard in opposition; and (2) the applicant or the applicant's attorney certifies to the court in writing the efforts which have been made to give the notice and/or the specific facts supporting the claim why the notice should not be required. Any hearing held without the presence of the adverse party or his or her attorney shall be recorded, unless waived by the Court. Every temporary restraining order, which is granted without notice, shall be endorsed with the date and hour of issuance, shall define the injury and state why it is irreparable and why the order was granted without notice, and shall expire by its terms within such time after issuance, not to exceed 10 days, as the Court fixes, unless, within the time so fixed, the order, for good cause shown, is extended for a like period, or unless the party, against whom the order is directed, consents that it may be extended for a longer period. In case a temporary restraining order is granted without notice, the application for a preliminary injunction shall be set down for hearing at the earliest possible time, and in any event within 10 days, and, when the matter comes on for hearing, the party, who obtained the temporary restraining order, shall proceed with the application for a preliminary injunction, and if he or she does not do so, the Court shall dissolve the temporary restraining order. On 2 days' notice to the party who obtained the temporary restraining order without notice, or on such shorter notice to that party as the Court may prescribe, the adverse party may appear and move its dissolution or modification, and, in that event, the Court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
(b) Preliminary Injunction.
(1) Notice. No preliminary injunction shall be issued without notice to the adverse party and they shall only be issued by a Justice of the Superior Court.
(2) Consolidation of Hearing with Trial on Merits. Before, or after, the commencement of the hearing of an application for a preliminary injunction, the Court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. This subdivision (b)(2) shall be so construed and applied as to save to the parties any rights they may have to trial by jury.
(c) Security. Unless the Court, for good cause shown, shall otherwise order, no restraining order or preliminary injunction shall issue except upon the giving of an injunction bond by the applicant, in such sums as the Court deems proper, for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such bond shall ordinarily be required of marital cases or of the United States or of the State of New Hampshire.
The provisions of Rule 163 apply to a surety upon a bond or undertaking under this rule.
(d) Form and Scope of Injunction or Restraining Order. Unless the Court, for good cause shown, otherwise orders, an injunction or restraining order shall be specific in terms; shall describe in reasonable detail, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
(e) Labor Disputes and Liens. These rules are subject to any statutory provisions relating to restraining orders and injunctions in actions involving or growing out of labor disputes and liens.
162. Before injunctions are granted, it must appear that process at law or in equity has been filed; but, when the object of the injunction would be defeated by the delay necessary to file such process, an injunction may issue to expire on a day specified therein, unless such process be filed by such a day.
163. Whenever an injunction is issued without notice to, or appearance by, the adverse party (except in marital cases), the party at whose request it is issued, ordinarily shall, and in any case may, be required to give bond with sufficient sureties, conditioned to pay and satisfy all such damages as may be occasioned to the adverse party by reason of the injunction, in case it shall appear that the injunction was improper.
Whenever these rules require or permit the giving of security by a party, and security is given in the form of a bond or stipulation or other undertaking with one or more sureties, each surety submits himself to the jurisdiction of the Court and irrevocably appoints the Clerk of the Court as his agent upon whom any papers affecting his liability on the bond or undertaking may be served. His liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the Court prescribes may be served on the Clerk of the Court, who shall forthwith mail copies to the sureties if their addresses are known.
Superior Court Rules Table of Contents