New Hampshire Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   New Hampshire's general route is a petition for new trial under RSA 526:1. A new trial may be granted in any case when through accident, mistake or misfortune justice has not been done and a further hearing would be equitable. The court decides whether the facts meet that standard.

2. 2

   RSA 526:2 says the petition may be presented to the superior court in the county where the judgment was rendered, by any person interested, setting forth the reasons for the new trial. Under RSA 526:3, costs may be allowed to either party, and the new trial may be granted on such terms as the court may deem just.

3. 3

   The RSA 526 deadline is three years. RSA 526:4 says a new trial shall not be granted unless the petition is filed within three years after the rendition of the judgment complained of, or the failure of the suit.

4. 4

   The Circuit Court District Division has much shorter clocks. Under District Division Rule 3.43, a motion to set aside verdict or decree must be filed within 10 days from the date on the court's written notice. In small claims, Rule 4.8(a) requires a motion for reconsideration or other post-decision relief within 10 days of the date on the clerk's written notice.

5. 5

   Filing does not by itself stop enforcement. RSA 526:6 says execution on the original judgment shall not be stayed by reason of a new trial, but the court, on motion, may order a stay of execution on such terms as it thinks fit. In small claims, Rule 4.8(d) says a post-decision motion does not stay any order unless, on specific written request, the court has ordered a stay.

6. 6

   Landlord-tenant cases have their own rules. Under District Division Rule 5.10(A), post trial motions must be filed within seven days after the date of the Clerk's Notice of Judgment, and Rule 5.10(D) says filing one does not stay the seven day period for a Notice of Intent to Appeal. If a tenant files a motion to strike a default before the writ of possession and notice of judgment issue, Rule 5.4(C) says no writ of possession shall issue before the court rules.

7. 7

   A default is struck only on motion and an affidavit of defense specifically setting forth the defense and its facts (Superior Court Rule 42(a); District Division Rule 3.42(a)). For a default judgment, also see the New Hampshire set aside default page at /legal-document/set-aside-default/new-hampshire. Ask the clerk whether the court has a form for your motion.

New Hampshire Requirements for Motion to Vacate

• Accident, Mistake or Misfortune

  RSA 526:1: a new trial may be granted when through accident, mistake or misfortune justice has not been done and a further hearing would be equitable.

• Three-Year Petition Deadline

  RSA 526:4: a new trial shall not be granted unless the petition is filed within three years after the rendition of the judgment complained of, or the failure of the suit.

• Petition Stating Reasons

  RSA 526:2: the petition is presented to the superior court in the county where the judgment was rendered and must set forth the reasons for the new trial. RSA 526:3 allows costs and terms the court deems just.

• District Division 10-Day Motions

  Rule 3.43: a motion to set aside verdict or decree within 10 days from the court's written notice. Rule 4.8(a): small claims post-decision relief within 10 days of the clerk's written notice. Landlord-tenant: seven days after the Clerk's Notice of Judgment (Rule 5.10(A)).

• Landlord-Tenant Seven-Day Motions

  Rule 5.10(A): post trial motions within seven days after the Clerk's Notice of Judgment. Rule 5.10(D): the motion does not stay the seven day Notice of Intent to Appeal period.

• Stay of Execution

  RSA 526:6: execution is not stayed by reason of a new trial, but the court on motion may order a stay on terms. Rule 4.8(d): no stay unless ordered on specific written request.