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


GENERAL RULES

Rule 1.1. Relief from failure to comply.

Rule 1.1A. Computation and extension of time.

Rule 1.1B.  Application.

Rule 1.2. Violation of rules.

Rule 1.3. Attorneys and Non-attorney Representatives.

Rule 1.3-A. Pleadings - copies to all parties.

Rule 1.4. Photographing, Recording and Broadcasting.

Rule 1.5. Interpreters.

Rule 1.6. Clerks office and judges chambers.

Rule 1.7. Argument of counsel.

Rule 1.8. Motions.

Rule 1.8-A. Continuances and postponements and motions for recusal.

Rule 1.8-B. Grounds for continuance.

Rule 1.9. [Repealed.]

Rule 1.10. [Repealed.]

Rule 1.11. Appeals to the Supreme Court.

Rule 1.12. Court sessions.

Rule 1.13. Disbursements.

Rule 1.14. Dockets.

Rule 1.15. Repealed, effective March 1, 1990.

Rule 1.16. Attendance of clerks.

Rule 1.17. Exhibits.

Rule 1.18. Repealed, effective September 1, 2008.

Rule 1.19. Sound Recordings of Proceedings.

Rule 1.20. Uniform Forms. [Repealed.]

Rule 1.21. Periodic Payments.

Rule 1.22. Formal proof of highway waived unless demanded.

Rule 1.23. Exceptions unnecessary.

Rule 1.24. Protection of children in sex-related cases.

Rule 1.25. Untimely-filed guardian ad litem reports.

Rule 1.26. Access to Confidential Records -- Fees and Notice.

Rule 1.27. Dismissal of Cases Pending Without Action.

Rule 1.28. Court fees.


CRIMINAL RULES

See The New Hampshire Rules of Criminal Procedure.


CIVIL RULES, WITH THE EXCEPTIONS NOTED BELOW, APPLICABLE TO CASES FILED BEFORE THE IMPLEMENTATION OF ELECTRONIC FILING IN CIVIL CASES IN THE DISTRICT DIVISION

NOTE: These rules apply only to cases commenced before the date electronic filing is implemented. Any cases filed on or after the date electronic filing is implemented in civil cases in the Circuit Court-District Division shall be governed by the Civil Rules Applicable to Cases Filed on or after the Implementation of Electronic Filing, including those cases in which the court grants an exception to electronic filing. Rules 3.23 (Interrogatories) and 3.26 (Depositions) of the Civil Rules Applicable to Cases Filed on or after the Implementation of Electronic Filing shall also apply to cases commenced before the date electronic filing is implemented.

Rule 3.1. Writs.

Rule 3.2. Entry of actions.

Rule 3.3. Court fees.

Rule 3.4. Attachment procedures (RSA 511-A).

Rule 3.5. Court records (dockets).

Rule 3.6. Appearance, general and special.

Rule 3.7. Specifications.

Rule 3.8. Amendments.

Rule 3.9. Third party practice.

Rule 3.10. Special pleas and brief statements.

Rule 3.11. Motions.

Rule 3.12. Sessions of Court-Continuances and postponements.

Rule 3.13. Settlement agreement.

Rule 3.14. Orders of notice.

Rule 3.15. Dismissal of old cases.

Rule 3.16. Admission of relevant facts, genuineness of documents and signatures.

Rule 3.17. Filing and withdrawing papers.

Rule 3.18. Paying money into court.

Rule 3.19. Agreement as to undisputed facts.

Rule 3.20. Procedure during trial.

Rule 3.21. Procedure after trial.

Rule 3.22. Trustees.  [Repealed.]

Rule 3.23. Taxation of costs in civil proceedings.

Rule 3.24. Petition for approval of settlement on behalf of minors.

Rule 3.25. Dismissal for failure to appear.

Rule 3.26. Rendition of decision.

Rule 3.27. Ordering weekly payments on judgments.

Rule 3.28.  District Court Civil Writ Mediation Rules.

 

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

 

I. General Principles

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

Rule 3.2. Computation of Time

Rule 3.3. Filing and Service

II. Commencement of Action

Rule 3.4. Preliminary Process

Rule 3.5. Case Structuring Order


III. Pleadings and Motions

Rule 3.6. Pleadings Allowed

Rule 3.7. Pleadings, Motions and Objections, General

Rule 3.8. Complaint

Rule 3.9. Answers; Defenses; Forms of Denials

Rule 3.10. Counterclaims, Cross-Claims and Third-Party Claims

Rule 3.11. Motions

Rule 3.12. Motions-Specific

Rule 3.13. Objections

Rule 3.13A. Reply and Surreply


IV. Parties and Their Representatives

Rule 3.14. Third Parties

Rule 3.15. Intervention

Rule 3.16. Reserved for Future Use

Rule 3.17. Appearance and Withdrawal

Rule 3.18. Counsel

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

Rule 3.20. Non-attorney Representatives


V. Discovery

Rule 3.21. General Provisions

Rule 3.22. Automatic Disclosures

Rule 3.23. Written Interrogatories

Rule 3.24. Production of Documents

Rule 3.25. Discovery of Electronically Stored Information (ESI)

Rule 3.26. Depositions

Rule 3.27. Expert Witnesses

Rule 3.28. Requests for Admissions

Rule 3.28A. Medical Injuries and Special Damages

Rule 3.29. Discovery Motions


VI. Alternatives to Trial

Rule 3.30. Mediation

Rule 3.31. Reserved for Future Use

Rule 3.32. Reserved for Future Use

Rule 3.33. Reserved for Future Use

Rule 3.34. Reserved for Future Use


VII. Trials

Rule 3.35. Trial Management Conference

Rule 3.36. Standing Trial Orders (Procedures)

Rule 3.37. Standing Trial Orders (Proof)

Rule 3.38. Reserved for Future Use


VIII. Judgement

Rule 3.39. Settlements

Rule 3.40. Approval of Settlements: Minors

Rule 3.41. Reserved for Future Use

Rule 3.42. Default

Rule 3.43. Procedure After Trial

Rule 3.44. Verdict upon Negotiable Instrument

Rule 3.45. Taxation of Costs

Rule 3.46. Appeals and Transfers to Supreme Court


IX. Provisional and Final Remedies

Rule 3.47. Attachments

Rule 3.48. Reserved for Future Use

Rule 3.49. Security

Rule 3.50. Deposit in Court

Rule 3.51. Periodic Payments

Rule 3.52. Reserved for Future Use

 


SMALL CLAIMS ACTIONS

4.1. Filing Small Claim Complaint.

4.2. Notice.

4.3. Responding to Small Claim Complaint or Counterclaim.

4.4.  Pre-trial hearing.

4.5. Discovery and Rules of Evidence.

4.6. Trial.

4.7.  Judgment.

4.8.  Motion for Reconsideration.

4.9.  Appeal.

4.10.  Periodic Payments.

4.11.  Contempt (Following Payment Order).

4.12.  Mediation and Agreements.

4.13.  Securing Judgment.



LANDLORD AND TENANT ACTIONS

Rule 5.1. Landlord and Tenant Writ.

Rule 5.2. Return Day.

Rule 5.3. Entry of Actions.

Rule 5.4. Failure to Answer.

Rule 5.5. Appearance, Setoff and Counterclaims.

Rule 5.6. Discovery and Continuances.

Rule 5.7. Writ of Possession and Judgment.

Rule 5.8. Damages.

Rule 5.9. Notice Form.

Rule 5.10. Post Trial Motions and Appeals.

Rule 5.11. Dismissal of Appeals.

Rule 5.12. Dismissal of Writs After Sixty Days.


TOWN ORDINANCE VIOLATION RULES

Rule 6.1 [Who may issue Local Ordinance Citation and Summons]

Rule 6.2 [Service of Citation and Summons]

Rule 6.3 [Filing of Citation and Summons with court prior to arraignment]

Rule 6.4 [Defendant may plead by mail or may appear in court on date of arraignment]

Rule 6.5 [Court may refuse plea by mail and may impose fine or penalty other than that stated in local ordinance citation]

Rule 6.6 [Service of additional local ordinance citations without giving additional written notice]

Rule 6.7 [Limitations on the application of these rules]


FORMS


      
 
District Division Forms are available on the Judicial Branch Website.  Either click on the following link (District Division Forms), or return to the Judicial Branch home page, click on "District Court" in the menu on the left side of the page, and then click on "Forms" in the menu on the left side of that page.  To return to the Judicial Branch home page, click on return.

NOTE: The rules as published herein are subject to revisions promulgated from time to time by the New Hampshire Supreme Court and published in the New Hampshire Bar News. See Supreme Court Rules 1 and 51.

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