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RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

CIVIL RULES APPLICABLE TO CASES FILED ON OR AFTER THE IMPLEMENTATION OF ELECTRONIC FILING

 

I.  General Principles

Rule 3.1.      Scope, Purpose, Enforcement, Waiver and Substantial Rights

(a)  These rules govern the procedure in New Hampshire circuit court in all civil actions in which money damages are sought, excluding small claims and those actions which are subject to specific procedures established by statute, commenced on or after the date of implementation of electronic filing in civil actions.  These rules govern all cases filed on or after that date, including those cases in which the court grants an exception to electronic filing.  In all cases that involve a statutory reference to a “return day,” the Answer and Appearance deadline shall be considered the “return day.”

(b)  The rules shall be construed and administered to secure the just, speedy, and cost-effective determination of every action.

(c)  Upon the violation of any of these rules, the court may take such action as justice requires, which action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, fines to be paid to the court, and reasonable attorney’s fees and costs to be paid to the opposing party. 

(d)  As good cause appears and as justice may require, the court may waive the application of any rule except where precluded by law.

(e)  A plain error that affects substantial rights may be considered and corrected by the court of its own initiative or on the motion of any party.

(f)  The clerk may refuse to accept, by notification in writing, any filing that the clerk determines does not comply with these rules.  In the event an objection is made to such determination, a written motion may be made to the court to rule on such determination. The written notification shall state: (1) all the reasons why the filing is not being accepted; and (2) that in the event the filing party objects to such determination, a written motion shall be made to the court to rule on such determination within 15 days of the date of the notification. 

Rule 3.2       Computation of time

See Rule 1.1A.

Rule 3.3       Filing and Service

See Rule 1.3A.

 

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