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Superior Court Civil Rules Table of Contents

RULES OF THE SUPERIOR COURT
OF THE STATE OF NEW HAMPSHIRE APPLICABLE IN CIVIL ACTIONS

CIVIL RULES 1 TO 54

II.  COMMENCEMENT OF ACTION

Rule 4. Preliminary Process

(a)  There shall be one form of action to be known as a “civil action.”

(b)  To initiate a civil action, including an action authorized by law to be initiated by writ or petition, the plaintiff files with the court: (i) the Complaint; (ii) an Appearance (indicating the plaintiff’s representative by name, address, telephone number, and New Hampshire Bar Association identification number); and (iii) the filing fee.  See Rule 201.  For purposes of complying with the statute of limitations, an action shall be deemed commenced on the date the Complaint is filed.

(c)  Upon receipt of the Complaint and filing fee, the court will process the action and provide plaintiff with the completed Summons for service.  The Summons will identify: (i) the date the Complaint is filed; (ii) the court-ordered deadline for service; and (iii) a hearing date, if appropriate.  Plaintiff will cause the Summons together with a copy of the Complaint to be served on defendant no later than the court-ordered deadline for service, service to be made as specified in RSA 510, or as otherwise allowed by law.  Proof of service shall be filed with the court within 21 days of the court-ordered deadline for service.  If a defendant is not served within the court-ordered deadline for service, the court shall dismiss the action with or without prejudice, as justice may require.

(d)  In all cases of notice by publication where the time may be fixed by the court, the order shall be for publication in some newspaper or newspapers named by the court in general or special orders, once a week for 3 successive weeks.  The last publication shall not be later than the time fixed by the court.

(e)  Appearances and Answers are due within 30 days of the date the defendant is served with the Summons and Complaint.  

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Superior Court Civil Rules Table of Contents