Court Rules
Court Locations/Hours
Site Map
List Service
Contact Us
SEARCH
FAQs
Frequently Asked Questions
This section of the Judicial Branch website is intended to provide objective answers to questions frequently asked by our citizens about the court system. Nothing on these pages should be considered legal advice and none of the information is intended to take the place of legal counsel.
Click on the category below that relates to your question. Contact the Communications Office if you can’t find the answer you need, or if you think we should add something to the site.
Q: Where do I go to legally adopt a child?
A: Adoptions are primarily processed by the Probate Court, however Family Division processes adoptions related to cases already in that court. To begin the process, call the Probate Court register's office or the Family Division in the county where you live. To find the right court for you, go to Court Locations.
Q: How do I adopt my stepchild?
A: You start by getting in touch with the Family Division or Probate Court in the county where you live.
Q: Can I see my adoption records?
A: All adoption files are sealed. The release of information from an adoption
file may be made only upon written request, granted by the court. Court staff,
in Probate or Family Division, can
provide a petition/motion form (NHJB-2128-P, NHJB-2201-DFS) to request the information. They are also available on the website.
The petition, or motions, must include such things as the
requesting party's name, mailing address and relationship to the adoption; the information
being requested from the file; any information known by the requesting party concerning
the adoption; and the reason the information is being requested.
Q: How can I find a lawyer?
A: The court system does not refer citizens to lawyers and its staff is
prohibited from making legal referrals.
In New Hampshire all attorneys are required to be members of the
New Hampshire Bar Association, 112 Pleasant St., Concord, 03301. Phone: (603)
224-6942. Check the Bar’s website for information on the Bar’s Lawyer Referral
Service (603-229-0002). Check the Bar website for further information at www.nhbar.org.
The Supreme Court Attorney Discipline Office, 4 Chenell Drive, Suite 102; Concord NH 03301, Phone: (603) 224-5828, can tell you whether there have been any
complaints filed against a lawyer.
Q: Do I need to have a lawyer to come to court?
A: No, but depending on the complexity of your claim, you might want to seek some legal advice. Persons who represent themselves in court are commonly referred to as "pro se" litigants, from the Latin meaning "in his own behalf."
Q: Why can’t the court staff tell me what to do in my case? It’s not that complicated!
A: Our staff can provide you with information about the court
process, or provide you with forms, but they are prohibited from giving legal advice to
any party in a case.
The reasoning behind that rule is that, in order to insure fair
and equal access to the judicial system for all of our citizens, the court staff has to
remain completely neutral to all sides in a case. They must refrain from offering advise
to any party, no matter how uncomplicated it may seem.
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Q: What is Alternative Dispute Resolution?
A: For information, go to our ADR page.
Q: How do I file an appeal?
Some appeals from decisions in the District Court are brought to
the Superior Court; others are brought directly to the Supreme Court. It is important to
determine where to file your appeal. Appeals from convictions, jury verdicts and decisions
by a judge in the Superior Court are brought to the Supreme Court. Appeals from
administrative agencies are also handled in the Supreme Court.
Bankruptcy claims are handled in the U.S. Bankruptcy Court, Norris Cotton Federal
Building, 275 Chestnut St., Manchester NH 03101. Phone: (603) 666-7532. See www.nhb.uscourts.gov.
See Bar Exam.
Where do I get a copy of my birth certificate?
The Division of Vital Records, 71 S. Fruit St., Concord, NH 03301. The fee is $12.
You can also write to the Bureau and send a check for $12.00. If you pay by credit card
($18), you can place your order over the telephone and the birth certificate will be sent
out in 7-10 business days. The Division of Vital Records website is http://www.nh.gov/sos/vitalrecords/index.htm.
You can also get a birth certificate from the town clerk or the city or town where the birth occurred.
New Hampshire records have restricted access. Therefore one has to
demonstrate direct or tangible interest in the information.
Q: What do I do if I am not receiving court ordered child support payments?
A: Begin by contacting the N.H. Division of Child Support Services at 603-271-4745 or 271-4427. A "new client" must fill out an application to be forwarded to their district office. You will need a certified copy of your divorce decree and any child support orders issued. For further information and forms see the Superior Court's Self-Help: Domestic Relations Center or contact the Family Division or Superior Court where you reside.
Q: What should I do if I think the judge acted improperly in my case?
A: You should discuss the matter with your lawyer. Complaints about a judge can be filed with the Judicial Conduct Committee. See the Judicial Conduct Committee website for details.
Q: Who can I talk to if I think the court staff did not act properly in my case?
A: Speak directly to the clerk of the court. Click here to find your court and clerk.
Q: Why can’t the staff tell me what to do in my case?
A: Court staff are not permitted to give legal advice to either party in a case. They can provide you with information about the process but they can’t tell you what to do.
Q: How do I figure out which court to go to?
A: The Judicial Branch includes the Supreme Court, the Superior Court, the District Court, the Probate Court and the Family Division. Cases are handled as follows:
The Supreme Court handles civil, criminal and
juvenile appeals and matters involving administrative agencies. It also handles some
original petitions, such as a writ of habeaus corpus filed by an inmate seeking release
from prison.
The Superior Court has jurisdiction over a wide
variety of cases, including criminal, domestic relations, and civil cases, and provides
the only forum in this state for trial by jury.
The Probate Court has jurisdiction over trusts, wills
and estates, adoptions, termination of parental rights, guardianships, equity matters, name changes and involuntary commitments.
The District Courts handle family cases, juveniles,
small claims, landlord-tenant matters, minor crimes and violations and civil cases in
which the disputed amount does not exceed $25,000.
The Family Division jurisdiction includes divorce, parenting disputes, child support, domestic violence, guardianships, termination of parental rights, abuse and neglect cases, children in need of supervision, delinquencies, and some adoptions.
Certain issues may be handled by more than one court division. For example, a divorce might be heard in Family Court or by a Marital Master in the Superior Court, or by a judge.
This website includes a list of all courts by town. Click to find your Town A-L or your Town M-Z.
Q: Can I change my court date over the telephone?
A: Generally, no. Such requests should be submitted to the court in writing.
You should note that the other party to the case has the right to object to a change in
the court date.
Q: Do I have to pay a fee to file a lawsuit in court?
A: Yes, but a party can file a motion to have the court waive the fee because of exceptional circumstances.
Filing fees vary in each division of the court system. For the schedule of Supreme Court fees, go to Rule 49: For Superior Court go to Rule 169: For District Court go to Rule 3.3; for Probate Court Rule 169.
Q: What hours are the courts open?
A: The Supreme Court is open Monday through Friday 8:30 a.m. to 4:30 p.m.
For Superior, District and Probate Court hours, call the clerk or register's office in the court you will be visiting. To locate the court nearest you click on Find Your Court.
Q: How do I get a copy of documents in a case file?
A: Court files are available for copying in the court where the case is
filed. Copying fees are charged per page and vary in different levels of court. To get
specifics on copying procedures, check with the clerk’s office in the court where the
case is filed.
Each division of court has a set of rules that govern its procedure. Click Court Rules to view in full.
Q: How can I check to if someone has a criminal record or get proof that I don’t have a criminal record?
A: For Information on obtaining criminal records see the NH Department of Safety,
Division of State Police.
There is no central database available to the public to check
a person’s criminal record. The Division of State Police Central Repository for
Criminal Records at 33 Hazen Drive, Concord, NH 03301, (271-2538), will provide an
official record provided that the individual subject to the background check has signed a
"Criminal Record Release Authorization Form" and shown a picture ID.
Employers or others can download the authorization form at http://webster.state.nh.us/safety/nhsp and mail it in. The authorization form must be signed by the person who is subject to the background check and notarized before the record will be released.
Q: How can I get a criminal record annulled?
A: See the
Annulment of Criminal Records checklist
Q: How can I get an official copy of a death certificate?
A: You may call or write the Division of Vital Records, 71 S, Fruit St. Concord, NH 03301, at (603) 271-4650. Hours: M-F 8-4:30 p.m. The fee is $12. If you pay by credit card ($18), you can place your order over the telephone and the death certificate will be sent out in 7-10 business days. Visit the Division of Vital Records website.
A death certificate can also be obtained from the town or the city where the death occurred.
New Hampshire records have restricted access see RSA
126:14. One has to demonstrate direct or tangible interest in the
information.
Q: Where can I get information and forms about divorce and other domestic relations issues?
A: You need to contact the Family Division or Superior Court ( Cheshire and Hillsborough.
For any other locations check the Superior Court's Self-Help: Domestic
Relations Center which includes easy-to-read information and downloadable forms to get you
started. You can also call or write the Superior
Court Clerk's Office in the city or town where you live.
Q: I was divorced in another state and my spouse is not complying with the child support payments that were ordered by the judge in that state. How do I get that order enforced, now that I live in New Hampshire?
A: First, depending on where you live you will need to contact the Family Division or the Superior Court. For information about child support, contact the Division of Child Support Services at 603-271-4745 in Concord or 271-4427. For additional information you can go to the Family Division or the Superior Court's Self-Help: Domestic Relations Center.
Q: What is the Child Impact Program and why do I have to pay to take it?
A: The Child Impact Program is a four hour seminar /education program that helps parents deal with the negative effects of divorce on their children. It is mandated by law and is considered a fee. There is a sliding scale based on income, but charging a fee was the only way that the court could carry out the legislative mandate. For additional information you can go to the Family Division or the Superior Court's Self-Help: Domestic Relations Center.
DOMESTIC VIOLENCE
COMPLAINTS AND PROTECTIVE ORDERS
Q: What should do if I am concerned for my safety or the safety of my children?
A: There are two ways to get protection for yourself and your children. Go to the police department or come to the court-either the Family Division, District and Superior Court where you live--and ask for a domestic violence petition. To find the district or superior court location in your town, visit our Find Your Court page or look up your court by Town A-L or Town M-Z. To learn about other resources, visit the website of the Coalition Against Domestic and Sexual Violence.
Q: Which Court do I contact for such issues as Divorce, Child Support, or Domestic Violence Complaints?
A: That depends on where you live. Cases are
assigned to court locations based on where the parties involved live.
Family Division cases
include divorce/parenting action,
child support, domestic
violence petitions, guardianship of minors,
termination of
parental rights, abuse/neglect
cases, children in need of
services, juvenile delinquency, and some
adoptions.
Court forms are available in the clerk’s office in each level of court. Many forms can easily downloaded online at the Supreme Court, Superior Court, District Court, Probate Court,and Family Division webpages. Q: Who can be a guardian ad litem? A: Guardians ad litem (GAL) are appointed by a commission recently established by
the state legislature which is currently developing new procedures and
qualifications. For more information, you can go to the Guardian as
Litem Board page at http://www.nh.gov/gal/boardcert.htm. Q: What role does a guardian ad litem (GAL) play in family cases? A: In family cases, a guardian ad litem is appointed when parents cannot agree to
a custody and visitation arrangement for children. Typically the judge or marital
master issues an order appointing a particular GAL to investigate specific issues that are
in dispute. The court order will designate how much each party is required to pay the GAL
unless the parties are indigent. The GAL conducts an investigation which may include interviewing the parents, the
children and other persons who may have information relevant to the issues involved.
In most cases the GAL prepares a written report which includes a recommended
resolution of custody and visitation issues that, in the GAL's estimation, is in the best
interest of the children. The judge or marital master makes the final determination after considering the
guardian ad litem's recommendation along with all of the other evidence presented in the
case. Q: What should I do if I want to change the guardian ad litem assigned to my
case? A: In order to change the GAL, you must file a motion with the court where
your case was heard. The judge or marital master in your case is the only one who can
change that appointment. Q: Whom can I talk to about a complaint I have regarding my guardian ad
litem? A: Try to resolve the issues through your lawyer and the guardian ad
litem. If that doesn’t work, or you are not satisfied, then all issues
concerning a guardian ad litem should be addressed to the judge or marital master in your
case. It is possible to file a complaint with the Chief Justice of the Superior
Court or the Administrative Judge of the Family Division. Q: What is guardianship and how is the need for one determined? A: Guardianships in New Hampshire fall into two general categories,
guardianship of minors and guardianship of incapacitated persons, usually adults. A minor
is defined as a person under the age of 18. In both cases, a guardian is appointed by the court to take care of
the minor or adult, and/or the minor’s or adult’s property, also known as their
estate. The Probate Courts have jurisdiction over both types of cases. The
Family Division has jurisdiction for
guardianships of minors over the person. For
more information on guardianships, see the section on guardianships in the probate
court or the section on minor guardianships in family division. JUDGES A: All judges in New Hampshire are nominated by the governor and confirmed by
the Executive Council. Q: Can I speak to the judge about my case? A: All parties to a case must be present whenever a judge discusses that
case. There are certain instances where one party in a case can speak to a judge
without the other parties present. In all cases, however, the first place you should
contact with any questions about your case is the clerk's office at the court where your
case was filed. Q: What do I do if I have a complaint about a judge? A: Since 1977, the New Hampshire Supreme Court has overseen the disciplinary
process for judges through the "Judicial Conduct Committee." Check the Judicial Conduct Committee page for
information. Please see our Jury Duty page for further
information. Q: I am a tenant and was just handed paperwork from my landlord by a
sheriff? What do I do? A: If you want your case to be heard in court (all landlord-tenant cases are
heard in District Court) you should fill out a pink appearance form available in the
clerk's office. The court will give you two copies, one to mail or deliver to the landlord
and one to keep for yourself. The court will schedule a hearing within the next 10 days
for you and the landlord to appear before a judge. For more information go to the
District Court's Landlord/Tenant Claims page. To
find the District Court nearest you, go to our District Court Locations page.
Q: How do I change my name? A: Family Division accepts name
change petitions if they relate to an open or closed case of a Family
Division case type. Persons
seeking a name change in Family Division must complete a Petition
for Change of Name relating to Family Division Jurisdiction, and
check the relevant Family Division case type, listing any known case name
and number. The fee for a
name change in Family Division is $80.00.
Q: How are judges chosen?
Note:
If the petitioner’s name change does not relate to a Family
Division case type, they must file a petition with the Probate
Court.
Q: If a person voluntarily surrenders his or her parental rights, is he or she still obligated to pay child support, including medical bills?
A: This is a complicated question that should be addressed by a lawyer. For a
legal referral, contact the New Hampshire
Bar Association at (603) 229-0002.
Q: What is the Public Protection Fund?
A: The Public Protection Fund has been established, in the words of the New Hampshire Supreme Court, at Rule 55, ". . . to provide a public service and to promote confidence in the administration of justice and the integrity of the legal profession by providing some measure of reimbursement to victims who have lost money or property" because of theft or misappropriation by a New Hampshire attorney, and occurring in New Hampshire during the course of a client-attorney or fiduciary relationship between the attorney and you. The Fund is administered by the New Hampshire Bar Association, through a nine-member committee, under the general oversight of the New Hampshire Supreme Court. The Fund is funded by annual contributions made by attorneys who are members of the New Hampshire Bar Association.
REPRESENTING YOURSELF IN COURT
Persons who pursue a legal matter on their own in court, without a lawyer representing them, are often described as proceeding pro se. Contact the clerk's office in the court nearest you to find out if information or forms are available for people who decide to pursue a legal matter pro se. Also, see Attorneys.
For a booklet for pro se litigants in uncontested divorce cases, go to the New Hampshire Bar Association and then click on "For the Public."
For a complete list of New Hampshire's state laws, see the Revised Statutes Online. Clicking the "Browse" button there will allow you to see an index of statute titles and chapters.
Q: What do I do if I have received a pink copy of a Small Claims Complaint?
A: Read it carefully front and back and then fill out the bottom portion on the back and send it to the court. The court will schedule a hearing and send you a notice to appear in court in a few weeks. At that time, you may bring any evidence or witnesses you wish the judge to consider on your behalf. As of September 1, 2005,small claims mediation will be available, without charge.
Q: Do I need an attorney to represent me?
A: No, you do not. You can hire your own attorney if you wish, but the small claims procedure is designed for individuals to handle their own claims. This is a less formal court proceeding and the court understands that most individuals will be representing themselves.
Q: What if the other side has an attorney?
A: Judges understand that it is their role to assure that hearings are fair and that all parties have an opportunity to speak without being intimidated.
Q: I brought a small claims complaint in court and now I have received a "Notice of Default" (or a "Notice of Judgment"). What do I do now?
The person you brought the claim against (the defendant) has 30 days to pay the judgment in full. If the defendant fails to pay, or fails to pay the amount in full, you may attempt to collect through the court in a process outlined in the blue brochure supplied by the court entitled "How to File a small Claim." Look at the section titled "what if there is no payment?"
Q: Can I pay a motor vehicle ticket at the court?
A: No. The court does not process motor vehicle violations unless a trial is requested. The ticket must be paid directly to the Division of Motor Vehicles, 10 Hazen Dr., Concord 03305-0002.
Q: How can I find out what I owe on traffic tickets?
Call or write the Bureau of Financial Responsibility at the Division of Motor Vehicles, (603) 271-3101. The address is 10 Hazen Dr., Concord NH 03305-0002.
Q: How can I pay a traffic ticket without having to drive to the town where it was issued?
A: Call the Bureau of Financial Responsibility at the Division of Motor Vehicles, (603) 271-3101 for information. The address is 10 Hazen Dr., Concord, NH 03305-0002.
Q: What is the procedure to get a transcript of my hearing?
A: You need to contact the clerk’s office where your case was heard and get an estimate on the cost of a transcript, which will be prepared by a court stenographer or transcriptionist. To see a list of court clerks and probate registers, visit our Find Your Court page.
Q: Can I write my own will?
A: Yes, people can write their own wills in New Hampshire. Under New Hampshire law, everyone at least 18 years of age and married persons under that age, who are of sane mind, may dispose of their property by their last will in writing. In order for a will or codicil to be valid under New Hampshire law, it must comply with the requirements of the law. For instance, the will must be in writing, signed by the person whose will it is, and signed by two or more credible witnesses who must swear that the person’s signature is genuine.
Q: Where can I get forms for a living will?
A: The court does not provide forms for living wills. To obtain a form for a living will, write the New Hampshire Hospital Association at 125 Airport Road Concord, NH 03301, or call (603) 225-0900.
Q: When someone dies, do I need to file the will or do anything in the probate court if everything is already in my name?
A: Even if there are no assets, if a will exists for the deceased person, the person named in the will as the executor, or the person holding the will, must file the will, any codicils, and a death certificate with the Probate Court within thirty (30) days of the date of death. If real or personal property is held as a "joint tenancy with right of survivorship," it is not part of the probate estate since title passes at death directly to the surviving joint tenant.
Q: What forms do I need to file to process the estate of a deceased person?
A: The requirements for probate are varied. For information, see the Estates page in Probate Court.
Q: How long do creditors have to file a claim against the estate?
A: The estate must remain open for at least six months from the date of the executor’s appointment to allow creditors to present claims. If all claims have been paid, the estate may be closed and a final account filed with the court.
Q: What happens if there is no will?
A: You still have to file an original death certificate. Visit the Estates page to see what forms to open an estate.
Q: What happens if you are not a relative but the family asked you to close the estate?
A: If there is a will, it will say who should be the executor. If the person died without a will then the law says 30 days from the date of death, anyone may petition to open an estate.
Q: What does it cost to file a case in probate court?
A: Court entry fees vary by case type in the probate court. Refer to the Filing Fees Chart for more information.
Q: How do I get a copy of documents in a case file?
A: You call or write the register's office and request them. You can call the register's office and ask for the number of pages you need copied. A copy of a will costs $1.00 per page. All other copying is $0.50 per page.
