(a) These rules govern the procedure in New Hampshire superior court in all suits of a civil nature whether considered cases at law or in equity with the exception of those actions subject to specific procedures established by statute. In all cases that involve a statutory reference to a "return day," the Answer and Appearance deadline shall be considered the "return day."
Rule 1.Scope, Purpose, Enforcement, Waiver and Substantial Rights
Group I: General Principles · Last amended January 1, 2018 · Last verified July 14, 2026
In one sentenceRule 1 sets the scope of the New Hampshire Superior Court Civil Rules, directs that they be construed to secure a just, speedy, and cost-effective outcome, and gives the court power to sanction violations, waive rules for good cause, and correct plain error.
Full Text of Rule 1
(b) The rules shall be construed and administered to secure the just, speedy, and cost-effective determination of every action.
(c) Upon the violation of any of these rules, the court may take such action as justice requires, which action may include, without limitation, the imposition of monetary sanctions against either counsel or a party, fines to be paid to the court, and reasonable attorney's fees and costs to be paid to the opposing party.
(d) As good cause appears and as justice may require, the court may waive the application of any rule.
(e) A plain error that affects substantial rights may be considered and corrected by the court of its own initiative or on the motion of any party.
(f) The clerk may refuse to accept, by notification in writing, any filing that the clerk determines does not comply with these rules. In the event an objection is made to such determination, a written motion may be made to the court to rule on such determination. The written notification shall state: (1) all the reasons why the filing is not being accepted; and (2) that in the event the filing party objects to such determination, a written motion shall be made to the court to rule on such determination within 15 days of the date of the notification.
Comment
(a) A court may deviate from or modify a rule as justice requires. (b) The language in Rule 1(e) is taken from former Superior Court Rule 102-A which reads as follows: "A plain error that affects substantial rights may be considered even though it was not brought to the court's attention."
Amendment History
Adopted May 22, 2013, eff. October 1, 2013; amended July 24, 2014, eff. September 1, 2014; October 18, 2017, eff. January 1, 2018.
2017: The 2017 amendment, in (f), added "by notification in writing" in the first sentence and added the last sentence; and made stylistic changes.
2014: The 2014 amendment added the second sentence of (a) and substituted "filing" for "pleading or motion" in (f); and redesignated former (e) as (b) in Comment.
Plain-English Summary
Rule 1 is the foundation the rest of the civil rules sit on. It tells you where these rules apply — every civil suit in New Hampshire superior court, whether the claim would once have been called an action at law or a suit in equity — and it carves out cases where a specific statute already supplies its own procedure. It also folds an old idea into modern practice: wherever a statute still refers to a "return day," that phrase now means the deadline for filing an Appearance and Answer under these rules.
The rule's real weight is in its enforcement provisions. A judge who sees a rule violated is not limited to a slap on the wrist; the court can order monetary sanctions, fines payable to the court, or an award of attorney's fees to the other side. At the same time, the rule builds in flexibility: a judge may waive a rule's application when justice requires it, and a plain error affecting a substantial right can be fixed even if nobody raised it — on the court's own initiative or on a party's motion. That combination of firm enforcement and case-by-case flexibility runs through the whole rule set.
Rule 1(f) adds a practical safeguard for the clerk's office. If a filing does not comply with the rules, the clerk can refuse to accept it, but only by written notice that spells out every reason for rejection and tells the filer how to challenge that decision — a motion to the court within 15 days. This keeps rejection decisions transparent and reviewable rather than final and unappealable.
Frequently Asked Questions
Does Rule 1 apply to every civil case filed in New Hampshire superior court?
It applies to civil suits generally, whether the claim would traditionally be called an action at law or a matter in equity. The rule excludes actions that a statute already governs with its own specific procedure, so always check whether a special statutory scheme controls your type of case before assuming these rules fill every gap.
What happens if the clerk refuses to accept my filing?
The clerk must notify you in writing, stating every reason the filing was rejected and explaining that you may file a written motion asking the court to review that determination within 15 days of the notice. Read the notice closely and act within the 15-day window if you disagree with the clerk's call.
Can a judge excuse a party from following one of these rules?
Yes. Rule 1(d) lets the court waive application of any rule when good cause appears and justice requires it. This is a case-specific judgment call for the judge, not something a party can invoke automatically.
What counts as a sanctionable violation under Rule 1?
The rule does not list specific violations; it gives the court broad authority to respond to any violation of the civil rules with whatever action justice requires, including monetary sanctions against a party or counsel, fines paid to the court, and attorney's fees and costs paid to the opposing side.
What is the "plain error" provision in Rule 1(e) about?
It allows the court to notice and correct a clear error that affects a substantial right even if no party objected to it at the time. The court can raise this on its own, or a party can move for correction, which matters when an issue slipped through without a timely objection.
Source & verification. Rule text, official Comments, and amendment
history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted
by the New Hampshire Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: nh superior court rules scopenh civil rules purposereturn day nhplain error nh superior courtclerk reject filing nh