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Rule 1 – Scope, Purpose, Enforcement, Waiver and Substantial Rights

May 14, 2021 | Civil Procedure, New Hampshire

(a) These rules govern the procedure in New Hampshire superior court in all suits of a civil nature whether considered cases at law or in equity with the exception of those actions subject to specific procedures established by statute. 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.
(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.

N.H. R. Super. Ct. 1

Amended July 24, 2014, eff. September 1, 2014; amended October 18, 2017, eff. January 1, 2018.

Comment

(a) A court may deviate from or modify a rule as justice requires.

(b) The language in Rule 1(e) is taken from former Superior Court Rule 102 -A which reads as follows: “A plain error that affects substantial rights may be considered even though it was not brought to the court’s attention.”

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