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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.]  

ENTRY OF ACTIONS



    2. Writs may be entered with the court prior to service of process or after service of process. See Rule 3. For purposes of complying with the statute of limitations, an action shall be deemed commenced on the date of service of the writ, or the date of entry of the writ, whichever event occurs first.


    2-A. Writs will not be accepted for entry unless the mail address and actual street address of each party plaintiff appear thereon (except domestic violence petitions, in accordance with RSA 173-B:3), and no appearance card shall be filed unless it contains the mail address and actual street address of each party defendant included in said appearance card. For good cause shown, any writ or appearance card rejected for non-compliance with this rule may, upon motion and compliance, be admitted for filing.

       All changes of either mail address or actual street address shall be filed with the Clerk. Whenever notice to a party is required, notice to the last mail address on file shall be deemed notice to, and binding on, the party.


    3. No civil action shall be entered upon the docket until the writ is filed and the entry fee paid, and no such action shall be entered after the day following the return day named in the writ, unless by agreement signed by the adverse party or his attorney, or by leave of Court after notice to the adverse party.

    For the purpose of compliance with any time deadlines or statutes of limitation, the terms "filing" and "entry" shall have the same meaning and shall be used interchangeably. Whenever any document is received by the Court and time-stamped as received, or the receipt is entered on the Court's database, the earlier of the two shall be accepted as filing or entry.


   4. No pleading, motion, objection, or the like, which is contained in a letter, will be accepted by the Clerk, as such, or acted on by the Court. All pleadings and forms filed shall be upon 8 1/2 x 11 inch paper and shall be either typewritten or printed double space so that they are clearly legible.


    5. The Clerk may refuse to accept any pleading or motion that he determines does not comply with these rules. In the event an objection is made to such determination, a written motion may be made to the Court to rule on such determination.


    6. No attorney or party to the litigation shall directly address himself by motion or pleading to any judge of the Superior Court, but shall file such motion or pleading with the appropriate Clerk.


    7. Repealed, effective June 1, 1982.


    8. A party desiring a trial by jury shall, if plaintiff, so indicate upon the writ at the time of entry, and, if defendant, upon the initial appearance card at the time of filing thereof.

    Failure to request a jury trial in accordance with this rule shall constitute a waiver thereof.


    9. If any juror or jurors become disabled, or otherwise unavailable, during the course of a trial, the trial will continue with the jurors who remain, unless prior to the selection of the jury, a party notifies the Court that he objects to such procedure.

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