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Rule 6 – Pleadings Allowed

May 14, 2021 | Civil Procedure, New Hampshire

(a) The pleadings are the written statements by the parties of the facts constituting their respective claims and defenses. There shall be allowed a Complaint and an Answer; an Answer to a counterclaim denominated as such; an Answer to a cross-claim, if the Answer contains a cross-claim; a Third-Party Complaint, if a person who was not an original party is summoned to appear in an action; a Third-Party Answer, if a Third-Party Complaint is served; and a Reply, if an affirmative defense is set forth in an Answer and the pleader wishes to allege any matter constituting an avoidance of the defense. No other pleading shall be allowed as of right.
(b) Demurrers, Pleas, and Exceptions for insufficiency of a pleading shall not be used.

N.H. R. Super. Ct. 6

Comment

Rule 6(a) is part of the restructuring of the civil rules intended to eliminate the distinction between law and equity.

Pleadings which notify the opposing party and the court of the factual and legal bases of the pleader’s claims or defenses better define the issues of fact and law to be adjudicated. This definition should give the opposing party and the court sufficient information to determine whether the claim or defense is sufficient in law to merit continued litigation. Pleadings should assist in setting practical limits on the scope of discovery and trial and should give the court sufficient information to control and supervise the progress of the case.