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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

 

IX.  Provisional and Final Remedies

Rule 3.47.    Attachments

(a)  Attachments with Notice.  The following procedure is to be used where the plaintiff requests that the court authorize an attachment of the defendant’s property, using the method requiring notice to the defendant and an opportunity for the defendant to be heard before the court renders its decision.

(1)  The Motion to Attach shall be executed under oath, and accompanied by the Notice to defendant as well as a copy of the Order form.
(2) The Motion to Attach shall be fastened to the Complaint, unless the case is electronically filed.
(3)  Copies of the Complaint and Summons are then to be given to the sheriff or his or her deputy for service on the defendant; immediately after such service, that Complaint, together with the sheriff’s Return of Service, is to be entered with the court.
(4)  If the Motion to Attach is granted, the plaintiff’s attorney, non-attorney representative or self-represented plaintiff is authorized to fill out a Writ of Attachment in accordance with the Order granting the motion.  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 or her deputy, the plaintiff, his or her 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 or her deputy. The Return of Service is to be filed with the court 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.

(b)  Attachments without Notice (Ex Parte). The following procedure is to be used where the plaintiff requests permission to attach using the method that does not require notice to the defendant prior to the attachment:

(1)  The Motion for Attachment shall be executed under oath, and accompanied with the Notice to defendant and Order form;
(2)  The motion, and copies, along with the Complaint, are to be filed in court, and an entry fee paid;
(3)  If the motion is denied, the plaintiff may move for attachment under the provisions of RSA 511-A:3.
(4)  If the motion is granted, the plaintiff or his or her representative is authorized to prepare a Writ of Attachment in accordance with the Order granting the request.
(5)  A certified copy of the Motion, the Notice to the defendant, and the court’s order thereon shall be fastened to the face of the Writ of Attachment.
(6)  The Writ of Attachment, Complaint, and Summons, together with copies, shall be delivered to the sheriff with directions to serve them within the time directed by the court’s order. 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 or her deputy, the plaintiff, his or her 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.

Rule 3.48     Reserved for future use.

Rule 3.49.    Security

When the plaintiff is a non-resident, he or she shall furnish security for costs in such amount and within such time as the court may order.

Rule 3.50.    Deposit in Court

(a)  In proper cases, the defendant may pay into court any sum of money which he or she admits to be due, accompanied by the general issue as to the balance; and, if the plaintiff shall refuse to accept the same with his or her costs, in full satisfaction of his or her claim, such sum shall be struck out of the Complaint; and unless the plaintiff shall prove that a larger sum be due him or her, he or she shall have no costs, but the defendant shall be allowed costs from the time of such payment.

(b)  When a set-off, counterclaim or recoupment shall be filed and a sum of money paid into court as the balance due the plaintiff, the costs of the plaintiff up to that time shall also be paid into court; and the defendant, if he or she prevails, shall be allowed only his or her subsequent costs.

Rule 3.51     Periodic Payments

                    See Rule 1.21.

Rule 3.52     Reserved for future use.

 

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