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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:  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.]

[Editor’s note: The Rules of the Superior Court of the State of New Hampshire Applicable in Criminal Cases do not apply to criminal cases pending or filed in Strafford and Cheshire counties on or after January 1, 2016. The Strafford and Cheshire County Rules of Criminal Procedure shall apply to criminal cases pending or filed on or after January 1, 2016 in Strafford and Cheshire counties.]

 

SPECIAL PLEAS AND BRIEF STATEMENT


    28. All special pleas and brief statements shall be filed within thirty days following the return date of the writ; otherwise the cause shall be tried upon the general issue. Failure to plead affirmative defenses, including the statute of limitations, within this time will constitute waiver of such defenses. No brief statement or special plea shall be afterwards received except by leave of court as justice may require.


    29. The Court may in all cases order either party to plead and also to file a statement in sufficient detail to give to the adverse party and to the Court reasonable knowledge of the nature and grounds of the action or defense. Upon failure to comply with such order, the Court may take such action as justice may require.


    30. Pleas in abatement shall be filed and a copy delivered to counsel for the adverse party within thirty days after the entry of the writ.


    31. When non est factum is pleaded to a specialty, the party shall file a brief statement of his contentions under that plea.


    32. Where a disclaimer of all or part of the land demanded in a writ of entry, or a plea of non-tenure is filed more than thirty days after the return day on which the action is entered, the defendant shall pay costs to the time when filed.


    33. No set-off, counterclaim or recoupment shall be filed after thirty days from the return day, except by leave of the Court and upon payment of costs; and when a set-off, counterclaim or recoupment is filed, a copy shall be given to the plaintiff or his attorney.

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