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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.]

RULES AND PROCEDURES TO IMPLEMENT ATTACHMENT LAW (RSA 511-A)

WRIT FORMS


    There will be a writ of summons and a separate writ of attachment. Attachment as used herein includes trustee process.

ATTACHMENT WITH NOTICE


    The following procedure is to be used where the plaintiff petitions for permission to make an attachment, using the method requiring notice to the defendant, and an opportunity to be heard.

        1. The petition shall be executed under oath, and accompanied with the notice to defendant and order form, in accordance with the petition to attach with notice.

        2. The petition to attach shall be fastened to the face of the writ of summons.

        3. The original writ and copies are then to be given to the sheriff, or his deputy, for service on the defendant; immediately after such service, that writ, together with the sheriff's return, is to be entered in Court.

        4. If the petition is granted, the plaintiff's attorney or plaintiff if appearing pro se is authorized to fill out a writ of attachment in accordance with the order granting the petition. If permission is granted to make a real estate attachment, the attachment writ together with the court's order thereon may be served on the Registry of Deeds by the sheriff, or his deputy, the plaintiff, his attorney or any other person to effect the real estate attachment. To effect all other attachments, the attachment writ together with the court's order thereon must be served by the sheriff, or his deputy. The return is to be filed immediately on completion of the attachment. No additional service upon the defendant is required to perfect an attachment, provided that a notice of intent has been served upon the defendant as provided in RSA 511-A:2.

EX PARTE ATTACHMENT


    The following procedure is to be used where the plaintiff petitions for permission to attach, using the method that does not require notice to the defendant prior to the attachment:

        1. The petition shall be executed under oath, and accompanied with the notice to defendant and order form, in accordance with the petition for ex parte attachment.

        2. The petition, and copies, are to be filed in Court, and an entry fee paid.

        3. If the petition is denied, the plaintiff may then petition for attachment under the provisions of RSA 511-A:3.

        4. If the petition is granted, the plaintiff's attorney or plaintiff if appearing pro se is authorized to fill out a writ of attachment in accordance with the order granting the petition.

        5. A certified copy of the petition, including the notice to the defendant, and with the Court's order thereon, shall be fastened to the face of the writ of attachment.

        6. The writs of attachment and summons, together with copies, shall be delivered to the sheriff, or his deputy, with directions to serve the writ of attachment first, within the time directed by the Court's order, and immediately thereafter the writ of summons. In those cases where permission is granted to make a real estate attachment, the attachment writ together with the court's order thereon may be served on the Registry of Deeds by the sheriff, or his deputy, the plaintiff, his attorney or any other person to effect the real estate attachment before the writs of attachment and summons, together with copies, are delivered to the sheriff. The returns of service are to be filed immediately after service has been completed.

ATTACHMENTS IN PROCEEDINGS OTHER THAN ACTIONS AT LAW


    The above procedures, and forms, are also to be used where an attachment is sought in connection with a proceeding other than an action at law, with appropriate adaptation for the different form of action.

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