New Hampshire Notice of Appeal
New Hampshire has had no intermediate appellate court since 2004, so every civil notice of appeal, including one from a small-claims judgment, is filed directly with the Clerk of the Supreme Court on a mandatory Judicial Branch form, not with the trial court that entered the judgment.
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Introduction
In New Hampshire, a notice of appeal from a final civil judgment is due within 30 days from the date on the trial court clerk's written notice of the decision on the merits, not from entry of the judgment itself, and the appeal is deemed filed only when the notice and the filing fee are received by the Clerk of the Supreme Court within that period (N.H. Sup. Ct. R. 7(1)(A), (2)). A timely post-decision motion, such as a motion for reconsideration, stays the 30 days for all parties, not just the party who filed it; an untimely motion does not stay the period unless the trial court expressly waives the untimeliness within the original 30 days (R. 7(1)(C)). Outside that tolling rule, the deadline can be extended only by the Supreme Court itself, and only on a showing of exceptional circumstances, a standard the court calls disfavored (R. 21(6)). The notice goes to the Clerk of the Supreme Court, not the trial court clerk, because New Hampshire has had no intermediate appellate court since a 2004 rule change; the appellant must also send a copy to the trial court clerk and to each other party (R. 7(2), (4)). The appeal must be brought on the Supreme Court's approved form: the Notice of Mandatory Appeal (NHJB-2296-SUP) for an appeal accepted as of right, or the Notice of Discretionary Appeal (NHJB-2297-SUP) for an appeal the court may decline to hear (R. 7(1)(A)-(B)). Filing costs $250 for a small claims, domestic violence, landlord-tenant, juvenile, stalking, or criminal case, or $285 for other civil cases including general civil, divorce, termination of parental rights, zoning, administrative, and probate appeals; confirm the current fee with the clerk (R. 49). No cost bond is required, only the filing fee or a granted fee-waiver motion. Filing the notice generally does not by itself stop enforcement of the judgment (one exception, noted in the comment to Rule 7-A, is that under Superior Court Rule 74 a divorce decree does not become final while a timely appeal is pending): a party seeking a stay must first ask the trial court, and only if that is denied may the party move the Supreme Court for a stay under Rule 7-A. A New Hampshire small-claims appeal is not a new trial; it goes straight to the Supreme Court on questions of law on the existing record, using the same mandatory-appeal process, and any party, plaintiff or defendant, may bring it (RSA 503:9, 503:10, II). This page covers a civil appeal from a trial court's final decision. Criminal, administrative-agency, federal-court, and interlocutory appeals follow different rules and are not covered here. Attorney review is available before you file.
Key Things to Know
- 1
The notice of appeal is due within 30 days from the date on the trial court clerk's written notice of the decision on the merits, and is deemed filed only when received by the Clerk of the Supreme Court with the filing fee within that period (N.H. Sup. Ct. R. 7(1)(A), (2)). A timely post-decision motion, such as a motion for reconsideration, stays the 30 days for all parties; an untimely one does not stay it unless the trial court expressly waives the untimeliness within the original 30 days (R. 7(1)(C)).
- 2
The deadline is generally not extendable. Only the Supreme Court itself may extend it, and only on a showing of exceptional circumstances, a standard the court's own rule calls disfavored; a motion to extend must be accompanied by the entry fee, and a late-entry motion by the appeal document itself (R. 21(6)).
- 3
File with the Clerk of the Supreme Court, not the trial court clerk. New Hampshire has had no intermediate appellate court since a 2004 rule change, so the Supreme Court receives the appeal directly from the Circuit Court or Superior Court; the appellant must separately send a copy to the trial court clerk and to each other party (R. 7(2), (4)).
- 4
The appeal must be brought on the Supreme Court's own approved form: the Notice of Mandatory Appeal (NHJB-2296-SUP) for an appeal accepted as of right, or the Notice of Discretionary Appeal (NHJB-2297-SUP) for an appeal the court may decline to hear (R. 7(1)(A)-(B)). The same form also serves as the transcript order and, because New Hampshire has no separate docketing statement, as the docketing document.
- 5
The notice must name the judge who issued the decision, list the appellant and opposing party and any other trial-court parties, state the date of the clerk's notice with the decision attached, list the questions presented on appeal, and certify that each was preserved in the trial court (R. 7(1)(A)-(B)).
- 6
Filing costs $250 for a small claims, domestic violence, landlord-tenant, juvenile, stalking, or criminal case, or $285 for other civil cases; confirm the current fee with the clerk (R. 49). No cost bond is required, only the fee or a granted fee-waiver motion filed with an affidavit of assets and liabilities.
- 7
Filing the notice generally does not by itself stop enforcement of the judgment; one exception, noted in the comment to Rule 7-A, is that under Superior Court Rule 74 a divorce decree does not become final while a timely appeal is pending. Otherwise, a party seeking a stay must first ask the trial court; only if that is denied may the party move the Supreme Court for a stay under Rule 7-A. A small-claims appeal is not a new trial either: it goes straight to the Supreme Court on questions of law on the existing record, and any party, plaintiff or defendant, may bring it (RSA 503:9, 503:10, II).
Key decisions before you file
Before you file a Notice of Appeal in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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New Hampshire Requirements for Notice of Appeal
30 Days From the Clerk's Notice of Decision
The notice of appeal must be filed by the moving party within 30 days from the date on the trial court clerk's written notice of the decision on the merits, and is deemed filed only when received by the Clerk of the Supreme Court with the filing fee within that period (N.H. Sup. Ct. R. 7(1)(A), (2)).
Timely Motion Stays the Clock for All Parties
A timely post-decision motion, such as a motion for reconsideration, stays the running of the 30-day period for all parties, not just the party who filed it; an untimely motion does not stay it unless the trial court expressly waives the untimeliness within the original 30 days (R. 7(1)(C)).
Extension Only for Exceptional Circumstances
Only the Supreme Court itself may extend the time to file, and only on a showing of exceptional circumstances, a standard the rule calls disfavored; a motion to extend must include the entry fee, and a late-entry motion must include the appeal document itself (R. 21(6)).
Filed With the Supreme Court, Not the Trial Court
New Hampshire has had no intermediate appellate court since 2004, so the notice is filed directly with the Clerk of the Supreme Court, not the trial court clerk; the appellant must separately send a copy to the trial court clerk and to each other party (R. 7(2), (4)).
Mandatory Notice of Appeal Form
The appeal must be brought on the Supreme Court's approved form: the Notice of Mandatory Appeal (NHJB-2296-SUP) for an appeal accepted as of right, or the Notice of Discretionary Appeal (NHJB-2297-SUP) for an appeal the court may decline to hear (R. 7(1)(A)-(B)).
Required Contents and Preservation Certification
The notice must name the deciding judge, list the appellant and opposing party and other trial-court parties, state the date of the clerk's notice with the decision attached, list the questions presented, and certify that each question was preserved in the trial court (R. 7(1)(A)-(B)).
Filing Fee of $250 or $285, No Cost Bond
Filing costs $250 for a small claims, domestic violence, landlord-tenant, juvenile, stalking, or criminal case, or $285 for other civil cases; confirm the current fee with the clerk (R. 49). No cost bond is required, only the fee or a granted fee-waiver motion.
Stay Requires the Trial Court, Then Rule 7-A
Filing the notice generally does not by itself stop enforcement of the judgment; one exception, noted in the comment to Rule 7-A, is that under Superior Court Rule 74 a divorce decree does not become final while a timely appeal is pending. Otherwise, a party seeking a stay must first ask the trial court; only if that is denied may the party move the Supreme Court for a stay under Rule 7-A.
Small-Claims Appeal Is Questions of Law, Any Party
A small-claims appeal is not a new trial. It goes straight to the Supreme Court on questions of law on the existing record, using the same mandatory-appeal process, and any party, plaintiff or defendant, may bring it (RSA 503:9; RSA 503:10, II).