Highest Court
The highest court in New Hampshire is the Supreme Court of New Hampshire. The Supreme Court consists of 5 justices. It has jurisdiction over (1) Final appellate jurisdiction. (2) Original jurisdiction for issuance of extraordinary writs and superintendence of lower courts.
General Courts
Superior Court
The Superior Court consists of 29
judges. It has jurisdiction over (1) Civil actions over $1,500, title
to real property, equity, divorce, support, and alimony.
Limited Courts
District Court
The District Court consists of 15
full-time justices, 3 associate justices, and 33 special justices. It has
jurisdiction over (1) Civil actions under $36,000 (no title to real property),
small claims (if no Municipal Court), landlord/tenant. (2) Misdemeanors,
violations, and probable cause hearings for felonies. (3) Juveniles. (4)
Concurrent jurisdiction with Superior Court on domestic violence.
No jury trials are overseen by this court.
Probate Court
The Probate Court consists of 10
judges. It has jurisdiction over (1) Exclusive probate, adoption, guardianship,
and conservatorship jurisdiction. (2) Termination of parental rights. (3)
Involuntary commitments.
No jury trials are overseen by this court.
Additional Information
New Hampshire Court Accreditation
Commission.
The New Hampshire Court Accreditation
Commission shall consist of 9 members. One of the members shall be
appointed by the governor, one shall be a member of the house appointed
by the speaker, one shall be a member of the senate appointed by the senate
president, and six shall be appointed by the supreme court. Of the
6 members appointed by the supreme court, one shall be a justice of the
supreme court or a designee of the supreme court, one shall be a justice
of the superior court, one shall be a justice of a probate court, one shall
be a justice of a district court, one shall be a lawyer of experience in
the trial of cases at all court levels, and one shall be a layman. The
supreme court shall designate one of the members as chairman. (New Hampshire
Revised Statutes 490:5-a)
Rating; Accreditation.
The New Hampshire Court Accreditation
Commission shall rate each court as "accredited-excellent", "accredited
- satisfactory", "not accredited", or rate the courts according to the
commission's system which shall reflect the said categories. If the
court develops its own system, it must be in accordance with the criteria
of RSA 490:5-c. The ratings shall be available to the public and
transmitted in written form to each court. (New Hampshire Revised
Statutes 490:5-d)
Sessions.
There shall be one general term
of the supreme court in each year to be held in Concord for the purpose
of hearing arguments, making orders, rendering decisions and filing opinions.
(New Hampshire Revised Statutes 490:6)
Use of Recording Devices.
Either party before or during a
hearing or trial may present a petition to the court to request the recording
of the proceedings at the petitioner's expense. The court is not allowed
to levy a fee for the recording. (New Hampshire Revised Statutes
Section 491:10-a)
Record of Birth
A judge shall not exercise the duties
of his/her office or receive any compensation until the Office of the Secretary
of State has received a copy of the judge's birth certificate. The
record of birth must be attested by the clerk of the birth town.
If such record is not available, an affidavit, sworn to and subscribed
by himself, stating, according to the best of his/her belief, the date
and place of his birth. (New Hampshire Revised Statutes 493:1)
Destruction of Records.
The following original records shall
be destroyed by the clerk of any municipal court of any criminal cases
or any juvenile proceedings at the end of 10 years of the final disposition:
complaints, warrants, petitions and other process, returns, appearances,
pleadings, motions, reports, orders and sentences.
Twenty years after of the final
disposition of a civil case, the clerk of such court may destroy the originals
writs, returns, small claims, statements and other process, appearances,
pleadings, motions, orders, verdicts and judgments. (New Hampshire Revised
Statutes 502:15-a)
Ordering Weekly Payments
Municipal court of a population
of less than 1,500 inhabitants may issue a continuing judgment to order
the defendant to pay weekly on a litigated claim of a certain sum.
The amount of the payment shall be dependent upon the income and shall
take into consideration living expenses.
(New Hampshire Revised Statutes
502:22)
