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New Hampshire Motion to Dismiss

In New Hampshire you move to dismiss under N.H. Super. Ct. Civ. R. 12(d) within the 30-day Rule 9(a) window.

Introduction

New Hampshire does not follow the Federal Rules of Civil Procedure, so the federal 12(b) framework does not control here. In Superior Court you challenge a complaint with a motion to dismiss governed by N.H. Super. Ct. Civ. R. 12(d), with general motion practice in Rule 11 and pleading and format requirements in Rule 7. New Hampshire runs a return-day system: civil process is returnable to the court, the defendant enters an Appearance, and a responsive pleading or motion is due within 30 days after service under Rule 9(a). Unlike the federal rule, the New Hampshire rules do not enumerate the grounds for dismissal in the rule text. Recognized grounds such as lack of jurisdiction or failure to state a claim, and the standard that the court assumes the well-pleaded facts true, come from New Hampshire case law rather than the rule. One distinctive feature: because a motion to dismiss is a dispositive motion, the Rule 11(c) good-faith concurrence certification that ordinary motions carry is expressly waived. Missing the 30-day window risks default, so calendar the deadline from your service date. DocDraft drafts a New Hampshire-formatted motion to dismiss from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    The vehicle in New Hampshire is the motion to dismiss under N.H. Super. Ct. Civ. R. 12(d), which sits within Rule 12 (Motions -- Specific). General motion practice is in Rule 11 and pleading and format rules are in Rule 7. The Superior Court Civil Rules were adopted by New Hampshire Supreme Court order dated 05-22-2013.

  2. 2

    The New Hampshire rules do not list dismissal grounds the way the federal rule does. Rule 12(d) only addresses hearing scheduling. Rule 11(a) requires every motion to state with particularity the grounds for seeking the order and to state the relief sought. The specific grounds, such as lack of jurisdiction or failure to state a claim, derive from New Hampshire case law rather than an enumerated rule provision.

  3. 3

    Timing follows the answer window: a motion to dismiss is filed within 30 calendar days after service of the pleading under N.H. Super. Ct. Civ. R. 9(a). New Hampshire uses a return-day Appearance system, so you first enter an Appearance and then file your responsive pleading or motion within that 30-day window.

  4. 4

    Whether filing the motion tolls or replaces the 30-day answer window is not separately stated in the rule text, so confirm with the court or counsel how your response clock runs if the motion is denied. Treat the 30-day Rule 9(a) deadline as firm and do not let it lapse while a motion is pending.

  5. 5

    A motion to dismiss is a dispositive motion, and dispositive motions are expressly carved out of the Rule 11(c) concurrence requirement. So a New Hampshire motion to dismiss does not need the good-faith concurrence certification that ordinary motions carry. You are not required to meet and confer before filing it.

  6. 6

    The most common ground is failure to state a claim on which relief can be granted, meaning the complaint is legally insufficient even if its facts are accepted as true. In New Hampshire this legal-sufficiency standard and the rule that the court assumes the truth of the plaintiff's well-pleaded facts come from case law, so frame the ground generally rather than citing an enumerated rule subsection.

  7. 7

    General civil cases are filed in the Superior Court, which has exclusive jurisdiction over claims exceeding $25,000 and concurrent jurisdiction with the Circuit Court District Division from $1,501 to $25,000. Smaller cases go to the Circuit Court District Division, which follows its own District Division Civil Rules rather than the Superior Court Civil Rules.

Key decisions before you file

Before you file a Motion to Dismiss in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Motion to Dismiss guide walks through them.

Open the Motion to Dismiss guide

Customize your Motion to Dismiss Template with DocDraft

STATE OF NEW HAMPSHIRE

[COUNTY] COUNTY, SS. SUPERIOR COURT

[PLAINTIFF NAME], Plaintiff,

v. Docket No. [DOCKET NUMBER]

[DEFENDANT NAME], Defendant.

MOTION TO DISMISS

NOW COMES the Defendant, [DEFENDANT NAME], by and through [self-represented / counsel], and respectfully moves this Honorable Court to dismiss the Plaintiff's Complaint pursuant to N.H. Super. Ct. Civ. R. 12(d), and in support states as follows:

  1. The Plaintiff filed a Complaint against the Defendant on [DATE], and the Defendant was served on [DATE OF SERVICE].

  2. The Defendant has entered an Appearance in this matter and now moves to dismiss within the response window provided by N.H. Super. Ct. Civ. R. 9(a).

  3. As required by N.H. Super. Ct. Civ. R. 11(a), the grounds for this motion and the relief sought are stated with particularity below.

GROUNDS FOR DISMISSAL

  1. The Defendant moves to dismiss on the ground that [the Complaint fails to state a claim on which relief can be granted / the Court lacks jurisdiction over the subject matter or the parties / other grounds, stated with particularity]. Even accepting the Plaintiff's well-pleaded factual allegations as true, the Complaint is legally insufficient to support the relief requested.

  2. [State the specific factual and legal basis for the ground asserted.]

MEMORANDUM OF LAW

  1. The grounds for dismissal and the standard that the Court assumes the truth of the Plaintiff's well-pleaded facts and reasonable inferences are established by New Hampshire case law. [Cite controlling New Hampshire Supreme Court authority and apply it to the facts of this case.]

This motion is a dispositive motion. Under N.H. Super. Ct. Civ. R. 11(c), the good-faith concurrence certification is not required for dispositive motions.

WHEREFORE, the Defendant respectfully requests that this Honorable Court:

A. Dismiss the Plaintiff's Complaint in its entirety; B. Grant such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[DEFENDANT NAME], Defendant

Dated: ______________ By: ______________________________ [Signature] [Printed Name] [Address] [Telephone] / [Email]

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion to Dismiss was served upon the Plaintiff [or Plaintiff's counsel] at [address] by [method of service] on this ____ day of ________, 20.

                               ______________________________
                               [Signature]
                               [Printed Name]

New Hampshire Requirements for Motion to Dismiss

File within the 30-day Rule 9(a) response window

A motion to dismiss is filed within 30 calendar days after service of the pleading under N.H. Super. Ct. Civ. R. 9(a), the same window as the answer. Calendar the deadline from your service date.

Enter an Appearance under the return-day system

New Hampshire uses a return-day system: civil process is returnable to the court and the defendant must enter an Appearance, with the responsive pleading or motion due within 30 days of service.

State the grounds with particularity

Under N.H. Super. Ct. Civ. R. 11(a), the motion must state with particularity the grounds for seeking the order and state the relief sought. The rules do not enumerate dismissal grounds, so frame them from the facts.

Recognized grounds derive from case law

Recognized grounds such as lack of jurisdiction or failure to state a claim, and the standard that the court assumes the well-pleaded facts true, come from New Hampshire case law rather than an enumerated rule. Confirm controlling authority before relying on a specific ground.

Use the required pleading and motion format

Under N.H. Super. Ct. Civ. R. 7(b), motions must be 8 1/2 x 11 inch, typewritten or printed, double spaced, on one side. Rule 7(c) requires factual allegations in numbered paragraphs, and Rule 7(g) requires the word motion in the title.

Include a supporting memorandum of law

A supporting memorandum of law is the universal New Hampshire practice, and the Judicial Branch publishes a memorandum-of-law template for motions to dismiss. No reviewed Superior Court Civil Rule expressly mandates a memorandum, so check your court's local requirements for any specifics.

No concurrence certification is required

A motion to dismiss is a dispositive motion. Under N.H. Super. Ct. Civ. R. 11(c), dispositive motions are expressly carved out of the good-faith concurrence requirement, so no meet-and-confer certification is needed.

File in the correct New Hampshire court

General civil cases are filed in the Superior Court (exclusive jurisdiction over claims exceeding $25,000; concurrent from $1,501 to $25,000). Smaller cases go to the Circuit Court District Division under its own rules, where motions follow Dist. Div. R. 3.11.

Frequently Asked Questions

In Superior Court you file a written motion to dismiss under N.H. Super. Ct. Civ. R. 12(d), following the general motion requirements of Rule 11 and the format rules of Rule 7. Under Rule 11(a) the motion must state with particularity the grounds and the relief sought. You enter an Appearance and file the motion within the 30-day response window set by Rule 9(a).

A motion to dismiss is filed within 30 calendar days after service of the pleading, the same window as the answer, under N.H. Super. Ct. Civ. R. 9(a). New Hampshire uses a return-day system, so you enter an Appearance with the court and then file your responsive pleading or motion within those 30 days. Missing the window risks a default.

The New Hampshire Superior Court Civil Rules do not enumerate dismissal grounds in the rule text. Rule 11(a) requires the motion to state its grounds with particularity. Recognized grounds, such as lack of jurisdiction or failure to state a claim on which relief can be granted, and the standard that the court assumes the well-pleaded facts true, come from New Hampshire case law rather than an enumerated rule.

No. New Hampshire Super. Ct. Civ. R. 11(c) generally requires a good-faith attempt to obtain concurrence before filing a motion, but dispositive motions are expressly carved out. A motion to dismiss is a dispositive motion, so it does not require the concurrence certification that ordinary motions carry.

If the court denies the motion, the case proceeds and you must respond to the complaint. The New Hampshire rules do not separately state in their text whether filing the motion tolls or replaces the 30-day Rule 9(a) answer window, so confirm with the court how your response clock runs after a denial and file your answer promptly to avoid a default.

General civil cases are filed in the Superior Court, which has exclusive jurisdiction over claims exceeding $25,000 and concurrent jurisdiction with the Circuit Court District Division from $1,501 to $25,000. Smaller cases are heard in the Circuit Court District Division, which follows its own District Division Civil Rules, where motions are governed by Dist. Div. R. 3.11.