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