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New Hampshire Answer to a Complaint

New Hampshire gives you 30 days to answer a Superior Court complaint under Civil Rule 9(a). Other case tracks set a faster appearance by a court return day.

Introduction

A New Hampshire Answer to a Complaint is the written responsive pleading you file with the clerk of the Superior Court after you are served with the complaint. It admits or denies the allegations, raises the affirmative defenses you intend to rely on, and, if you have a related claim, includes a counterclaim. In a general civil case, N.H. Super. Ct. Civ. R. 9(a) gives you 30 days after you are served to file an Answer or other responsive pleading. What sets New Hampshire apart is that several tracks turn on filing an appearance by a court-set return day rather than a flat federal-style answer count. In a residential eviction the writ is returnable 7 days from service of the writ by the sheriff under RSA 540:13, III, and in a family case any party intending to participate must file a written Appearance within 15 days of receiving the Notice to Respondent under N.H. Cir. Ct. Fam. Div. R. 2.5(A). There is no statewide mandated answer form for a Superior Court general civil case, so you type the answer on 8.5 by 11 paper with a caption that complies with N.H. Super. Ct. Civ. R. 7(a)-(b), then file it with the clerk of the court named in the summons. Miss the deadline and you can be defaulted under N.H. Super. Ct. Civ. R. 42(a). DocDraft drafts a New Hampshire-formatted answer from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    Your Superior Court deadline is 30 days. In a general civil case, N.H. Super. Ct. Civ. R. 9(a) requires you to file an Answer or other responsive pleading within 30 days after you were served with the pleading you are answering. The count is in calendar days.

  2. 2

    Some tracks turn on a return day, not a flat answer count. In a residential eviction the writ is returnable 7 calendar days from service of the writ by the sheriff under RSA 540:13, III, and in a family case you file a written Appearance within 15 days of receiving the Notice to Respondent under N.H. Cir. Ct. Fam. Div. R. 2.5(A).

  3. 3

    There is no statewide Superior Court answer form. For a general civil case you type the answer on 8.5 by 11 paper with a caption that complies with N.H. Super. Ct. Civ. R. 7(a)-(b). The Circuit Court small claims track has its own form, Response to Small Claim NHJB-2830-De.

  4. 4

    Small claims still requires a written response. New Hampshire small claims is not an appearance-only system. Under N.H. Cir. Ct. Dist. Div. R. 4.3(a)(1) you must file a written Response by the date on the notice, 30 days from the date the court mails it, or the court can enter a default judgment under Rule 4.3(c).

  5. 5

    There is no fee to file the answer, and waivers exist. The fee to file an Answer or Appearance is $0, though a counterclaim costs $285. If you cannot afford court costs you can file a Motion to Waive Filing Fee, form NHJB-2886-DFPE, based on inability to pay.

  6. 6

    You file with the clerk and serve through the e-filing system. Electronic filing is generally mandatory under the Superior Court supplemental electronic filing rules, with exceptions for self-represented litigants, and registering as a filer constitutes consent to electronic service on the other registered filers.

  7. 7

    A related claim may be compulsory. Under N.H. Super. Ct. Civ. R. 10 a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory, and the statute of limitations on a written contract is three years under RSA 508:4.

Key Decisions

Responding to the Allegations

Affirmative Defenses and Counterclaims

Filing and Serving Your Answer

Customize your Answer to a Complaint Template with DocDraft

STATE OF NEW HAMPSHIRE [COUNTY] COUNTY, SS. [SUPERIOR / CIRCUIT] COURT

[PLAINTIFF NAME], Plaintiff, v. Docket No. [DOCKET NUMBER] [DEFENDANT NAME], Defendant.

DEFENDANT'S ANSWER

NOW COMES the Defendant, [DEFENDANT NAME], appearing pro se, and answers the Complaint of the Plaintiff [PLAINTIFF NAME] as follows.

I. RESPONSES TO ALLEGATIONS

  1. Answering paragraph 1 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny and on that basis denies] the allegations.
  2. Answering paragraph 2 of the Complaint, Defendant [admits / denies / lacks sufficient knowledge or information to admit or deny] the allegations. [Continue for each numbered paragraph of the Complaint.]

II. AFFIRMATIVE DEFENSES [State each affirmative defense you intend to rely on, for example: the claim is barred by the three-year statute of limitations on a written contract under RSA 508:4; accord and satisfaction; payment; estoppel; fraud; waiver.]

III. COUNTERCLAIM (if any) [State any claim you have against the Plaintiff. Under N.H. Super. Ct. Civ. R. 10 a counterclaim arising out of the same transaction or occurrence is compulsory and should be raised with this answer. Note a counterclaim carries a $285 filing fee.]

IV. PRAYER FOR RELIEF WHEREFORE, Defendant respectfully requests that the Court deny the relief sought in the Complaint, enter judgment for the Defendant, award costs, and grant such other relief as justice may require.

Respectfully submitted,

[SIGNATURE] [DEFENDANT NAME], Pro Se [ADDRESS / PHONE / EMAIL]

CERTIFICATE OF SERVICE I certify that on [DATE] a true copy of this Answer was served on [PLAINTIFF / PLAINTIFF'S ATTORNEY] through the court's electronic filing system, or by [mail / hand delivery] on any party not registered as an electronic filer. [SIGNATURE]

New Hampshire Requirements for Answer to a Complaint

30-Day Superior Court Answer Deadline

In a general civil case, file your Answer or other responsive pleading within 30 calendar days after you were served, under N.H. Super. Ct. Civ. R. 9(a). Other tracks turn on a return day: a residential eviction writ is returnable 7 calendar days from service of the writ by the sheriff under RSA 540:13, III, and a family case requires a written Appearance within 15 days of the Notice to Respondent under N.H. Cir. Ct. Fam. Div. R. 2.5(A).

No Statewide Form, Compliant Caption

There is no statewide mandated answer form for a Superior Court general civil case, so type the answer on 8.5 by 11 paper with a caption that complies with N.H. Super. Ct. Civ. R. 7(a)-(b). The Circuit Court small claims track uses its own form, the Response to Small Claim NHJB-2830-De.

Court Caption and Docket

Caption the answer for the court named in the summons, which for general civil cases is the Superior Court and for small claims up to $10,000 is the Circuit Court District Division. Include the county, the docket number, the parties' names, and the title Defendant's Answer.

File With the Court Clerk

File your answer with the clerk of the court named in the summons. Electronic filing is generally mandatory under the Superior Court supplemental electronic filing rules, with exceptions for self-represented litigants, who may file in another manner the court allows.

Serve the Plaintiff

Registering as a filer in the electronic system constitutes consent to electronic service, and when you submit a document you must cause electronic service to be made on the other registered filers through the system. Serve any party not registered as an electronic filer by another permitted method and keep proof of service.

No Answer Fee, Waiver Available

The fee to file an Answer or Appearance in New Hampshire is $0, though a counterclaim costs $285. If you cannot afford court costs, file a Motion to Waive Filing Fee, form NHJB-2886-DFPE, based on inability to pay or extraordinary circumstances.

Affirmative Defenses

State each affirmative defense you intend to rely on, such as statute of limitations, accord and satisfaction, payment, estoppel, fraud, duress, waiver, or contributory negligence. The statute of limitations on a written contract is three years under RSA 508:4.

Compulsory Counterclaim If Any

Under N.H. Super. Ct. Civ. R. 10, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory and should be raised with your answer, or you can lose the right to bring it later. A claim from a different transaction is permissive. A counterclaim carries a $285 filing fee.

Frequently Asked Questions

In a general civil case in the Superior Court, N.H. Super. Ct. Civ. R. 9(a) requires you to file an Answer or other responsive pleading within 30 calendar days after you were served. Other tracks turn on a return day instead. In a residential eviction the writ is returnable 7 calendar days from service of the writ by the sheriff under RSA 540:13, III, and in a family case you must file a written Appearance within 15 days of receiving the Notice to Respondent under N.H. Cir. Ct. Fam. Div. R. 2.5(A). Missing your deadline can lead to a default.

There is no statewide mandated answer form for a Superior Court general civil case, so you type the answer on 8.5 by 11 paper with a caption that complies with N.H. Super. Ct. Civ. R. 7(a)-(b). The Circuit Court small claims track uses its own form, the Response to Small Claim NHJB-2830-De. Your answer should admit or deny the allegations and state the affirmative defenses you intend to rely on.

File your answer with the clerk of the court named in the summons. General civil cases are heard in the Superior Court, which has exclusive jurisdiction over amounts above $25,000 and concurrent jurisdiction with the Circuit Court District Division from $1,501 to $25,000, while small claims up to $10,000 are heard in the Circuit Court District Division. Electronic filing is generally mandatory, with exceptions for self-represented litigants.

There is no fee to file an Answer or an Appearance in New Hampshire, though a counterclaim costs $285. If you cannot afford court costs, you can ask the court to waive the fee by filing a Motion to Waive Filing Fee, form NHJB-2886-DFPE, based on inability to pay or extraordinary circumstances. The motion is filed with the same court that is hearing your case.

Under N.H. Super. Ct. Civ. R. 42(a), a party who fails to timely answer or otherwise defend after a complaint requiring a response has been filed shall be defaulted. You may be able to set the default aside by filing a Motion to Strike Default with an affidavit of defense that specifically sets forth the defense and the facts it rests on. The court strikes a default only upon such terms as justice may require, so the reliable path is to file on time.

Yes, and you may be required to. Under N.H. Super. Ct. Civ. R. 10, a counterclaim that arises out of the same transaction or occurrence as the plaintiff's claim is compulsory, while a claim from a different transaction is permissive. A compulsory counterclaim should be raised with your answer or it can be lost. The statute of limitations on a written contract in New Hampshire is three years under RSA 508:4.