Rule 2.6 – Default and Dismissal

May 14, 2021 | Family Law, New Hampshire

A. Default. If the court has not received a timely appearance or response from the respondent, and the petitioner has requested the entry of a default, a default hearing shall be scheduled not less than thirty (30) days from the petitioner’s written request, provided the petitioner has filed a military affidavit, vital statistics form, non-cohabitation affidavit, affidavit of impossibility, uniform support order and child support guideline worksheet if child support is to be ordered, proposed decree, parenting plan, and a current financial affidavit, together with a certificate that copies of each of the foregoing items have been forwarded to the other party. If a non-cohabitation affidavit is not filed with the court as required by this rule, the hearing may proceed following at least fourteen (14) days’ notice from the court to the other party that the matter has been scheduled for hearing. After a default, a motion to substantively amend the proposed orders will only be considered by the Court after service upon the other party.
B. Dismissal. The Court may dismiss a petition without prejudice due to insufficiency of allegations or service. The order of dismissal shall state the reason for the dismissal.

N.H. R. Cir. Ct. Fam. Div. 2.6