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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

 

IV. Parties and Their Representatives

 

Rule 3.14.    Third Parties

In addition to the participation of plaintiffs and defendants, a civil action may also involve third parties whenever third parties may be liable to a defendant in any pending action for all or part of the plaintiff’s claim against said defendant or if said defendant may have a claim against third parties, depending upon the determination of an issue or issues in said pending action.

Rule 3.15.    Intervention

Any person shown to be interested may become a party to any civil action upon filing and service of an Appearance and pleading briefly setting forth his or her relation to the cause; or, upon motion of any party, such person may be made a party by order of court notifying him or her to appear therein. If a party, so notified, neglects to file an Answer or other responsive pleading on or before the date established by the court, that party shall be defaulted.  No such default shall be set aside, except by agreement or by order of the court upon such terms as justice may require.

Rule 3.16.    Reserved for Future Use.

Rule 3.17.    Appearance and Withdrawal

(a)  An Appearance in an action shall be made by filing a typed or handwritten Appearance form containing the name, street address, mailing address, email address, New Hampshire Bar Association member identification number, and telephone number of the person entering the Appearance, and the complete name, street address, and telephone number of the party on whose behalf the Appearance is filed. If counsel includes all of the foregoing information in a complaint, answer or motion to dismiss, that pleading will be considered his or her appearance, and a separate appearance need not be filed.

(b) A party who chooses to represent himself or herself must file an Appearance and shall state in the Appearance that the party is choosing to represent himself or herself.  If the self-represented party includes all of the information required in paragraph (a) above, with the exception of the New Hampshire Bar Association member identification number in a complaint, answer or motion to dismiss, that pleading will be considered his or her appearance, and a separate appearance need not be filed.  The failure of a self-represented party to file an Appearance in conformity with this rule shall result in a conditional default or other order as justice requires. The clerk shall be notified of any changes of address of any of the parties. 

(c) A separate Appearance is to be filed by counsel, non-attorney representative, or self-represented party with respect to each case in which said counsel, non-attorney representative or self-represented party appears, whether or not such cases are consolidated for trial or other purposes.

(d)  The Appearance and Withdrawal of counsel, non-attorney representative, or self-represented party shall be signed by that person.  Names, street addresses, mailing addresses, New Hampshire Bar Association member identification numbers, and telephone numbers shall be typed or stamped beneath all signatures or papers to be filed or served.  No attorney, non-attorney representative, or self-represented party will be heard until his or her Appearance is so entered.

(e) Limited Appearance of Attorneys – see Rule 1.3(D)(2).

(f)  An attorney or non-attorney representative may withdraw from an action by serving a Notice of Withdrawal on the client and all other parties and by filing the notice, provided that: (1) there are no motions pending before the court; (2) a Trial Management Conference has not been held; and (3) no trial date has been set.  Unless these conditions are met, an attorney or non-attorney representative may withdraw from an action only by leave of court.  Whenever an attorney or non-attorney representative withdraws from an action, and no other Appearance is entered, the court shall notify the party by mail of such withdrawal.  If the party fails to appear by himself, herself, attorney or non-attorney representative by a date fixed by the court, the court may take such action as justice may require.

Rule 3.18.    Counsel

                    See Rule 1.3.

Rule 3.19.    Out-of-State Counsel (Admission Pro Hac Vice)

                    See Rule 1.3(C).

Rule 3.20     Non-attorney Representatives

See Rule 1.3(D)(1).

 

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