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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.]

PROCEDURE AFTER TRIAL


    73. A motion to set aside a jury verdict shall be filed within ten (10) days after its rendition, and a motion to set aside any other verdict or decree shall be filed within ten (10) days from the date on the Clerk's written notice with respect to same, which shall be mailed by the Clerk on the date of the notice. In each case, the motion shall fully state all reasons and arguments relied on.


    74. In all actions at law or in equity, in which a verdict or decree is entered, or in which a motion for a nonsuit or directed verdict is granted, or in which a bill in equity is dismissed, or in which any motion is acted upon after verdict or decree, all appeals relating to the action shall be deemed waived and final judgment shall be entered as follows, unless the Court has otherwise ordered, or unless a notice of appeal has then been filed with the Supreme Court pursuant to its Rule 7:

        a. where no motion, or an untimely filed motion, has been filed after verdict or decree, on the thirty-first day from the date on the Clerk's written notice that the Court has made the aforementioned entry, grant or dismissal; or

        b. where a timely filed motion has been filed after verdict or decree, on the thirty-first day from the date on the Clerk's written notice that the Court has taken action on the motion.

       The Court shall not grant any requests for extensions of time to file an appeal document in the Supreme Court or requests for late entry of an appeal document in the Supreme Court; such requests shall be filed with the Supreme Court.  See Supreme Court Rule 21(6).

      
In civil actions in which a mistrial is declared, appeals from the denial of motions for nonsuit or directed verdict shall not be transferred to the Supreme Court before verdict following further trial unless the Presiding Justice shall approve an interlocutory appeal pursuant to Supreme Court Rule 8.
    
    (See Supreme Court Rules.)


    75. Final default may be entered by the Court, sua sponte, where appropriate, or by motion of a party, a copy of which shall be sent to all parties defaulted or otherwise.

    In all cases in which final default is entered, whether due to failure to file an appearance, answer, or otherwise, the case shall be marked "final default entered, continued for entry of judgment or decree upon compliance with Superior Court Rule 75."  A copy of the Court's order and any subsequent orders shall be mailed to all parties, defaulted or otherwise.

    The non-defaulting party may then request entry of final judgment or decree, by filing a motion, together with an affidavit of damages or, in equity cases a proposed decree, and where the default is based on a failure to file an appearance, shall include an affidavit as to military service. The moving party shall certify to the Court that a copy of all pleadings has been mailed to the defaulting party and shall include a notice that entry of final judgment or decree is being sought. Any party may request a hearing as to final judgment or decree. All notices under this rule shall be sufficient if mailed to the last known address of the defaulting party.
   
     A hearing as to final judgment or decree shall be scheduled upon the request of any party. Otherwise, the Court may enter final judgment or decree based on the pleadings submitted or exercise its discretion to hold a hearing depending on the circumstances of the default, the sufficiency of the pleadings and the nature of the damages sought or relief requested.
    
    If the Court schedules a hearing, all parties, defaulted or otherwise, shall receive notice and an opportunity to be heard.


    76. Repealed, effective June 1, 1982.


    77. When a verdict is rendered upon a negotiable instrument, or similar evidence of indebtedness, the same shall be filed with the Clerk before judgment or execution is issued, unless the Court otherwise orders.


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