New Hampshire Answer to a Complaint

Introduction

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.

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.