(a) There shall be one form of action to be known as a "civil action."
Rule 4.Preliminary Process
Group II: Commencement of Action · Last amended January 1, 2018 · Last verified July 14, 2026
In one sentenceRule 4 describes how a civil action begins in New Hampshire superior court: filing a Complaint, Appearance, and filing fee (or a fee-waiver motion), receiving a court-issued Summons, timely serving the defendant, and the resulting 30-day deadline for an Appearance and Answer.
Full Text of Rule 4
(b) To initiate a civil action, including an action authorized by law to be initiated by writ or petition, the plaintiff files with the court: (i) the Complaint; (ii) an Appearance (indicating the plaintiff's representative by name, address, email address, telephone number, and New Hampshire Bar Association identification number); and (iii) either the filing fee or a motion to waive the filing fee. See Rule 201. For purposes of complying with the statute of limitations or analogous time limit, an action shall be deemed commenced on the date the Complaint is filed.
(c) Upon receipt of the Complaint and, if the filing fee is not waived, the filing fee, the court will process the action and provide plaintiff with the completed Summons for service. The Summons will identify: (i) the date the Complaint is filed; (ii) the court-ordered deadline for service; and (iii) a hearing date, if appropriate. Plaintiff will cause the Summons together with a copy of the Complaint to be served on defendant no later than the court-ordered deadline for service, service to be made as specified in RSA 510, or as otherwise allowed by law. Proof of service shall be filed with the court within 21 days of the court-ordered deadline for service. If a defendant is not served within the court-ordered deadline for service, the court shall dismiss the action with or without prejudice, as justice may require.
(d) In all cases of notice by publication where the time may be fixed by the court, the order shall be for publication in some newspaper or newspapers named by the court in general or special orders, once a week for 3 successive weeks. The last publication shall not be later than the time fixed by the court.
(e) Appearances and Answers are due within 30 days of the date the defendant is served with the Summons and Complaint.
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 (b), added "a motion to waive the filing fee" at the end of first sentence and inserted "analogous time limit" in the last sentence; inserted "if the filing fee is not waived, the" in the first sentence of (c); and made stylistic changes.
2014: The 2014 amendment added "email address" in (b).
Plain-English Summary
Rule 4 walks through the mechanics of opening a civil case. New Hampshire uses a single form of action called a "civil action" regardless of whether it would once have been framed as a writ or a petition. To start one, the plaintiff files the Complaint, an Appearance identifying the plaintiff's representative with contact information and bar number, and either the filing fee or a motion to waive it. The filing date itself matters beyond bookkeeping — it is the date the action is deemed commenced for statute-of-limitations purposes.
Once the court processes the Complaint, it issues a Summons that tells the plaintiff the filing date, the court-ordered deadline for serving the defendant, and a hearing date if one applies. The plaintiff must serve the Summons and Complaint on the defendant by that deadline, following the service methods in RSA 510 or other lawful means, and then file proof of service within 21 days after the service deadline. Missing the service deadline carries a real consequence: the court must dismiss the action, with or without prejudice depending on what justice requires. Rule 4(d) separately covers notice by publication, requiring three successive weekly newspaper publications when the court sets that method.
Rule 4(e) sets the clock running on the defendant's side: an Appearance and Answer are due within 30 days of the date the defendant is served with the Summons and Complaint. That 30-day period connects directly to Rule 9's answer requirements and Rule 5's case structuring timeline, both of which are measured from the Answer date.
Frequently Asked Questions
What do I need to file to start a civil action in New Hampshire superior court?
You file the Complaint, an Appearance for the plaintiff's representative that includes name, address, email, phone number, and New Hampshire Bar Association identification number, and either the filing fee or a motion to waive it.
When is my case considered "commenced" for statute of limitations purposes?
Rule 4(b) states that the action is deemed commenced on the date the Complaint is filed, which is what matters for measuring compliance with a statute of limitations or similar time limit.
What happens if I do not serve the defendant by the court-ordered deadline?
Rule 4(c) requires the court to dismiss the action if the defendant is not served within the court-ordered deadline for service, with the dismissal being with or without prejudice as justice requires.
How long do I have to file proof of service after serving the defendant?
Proof of service must be filed with the court within 21 days of the court-ordered deadline for service, not 21 days from the date service was made.
How long does a defendant have to file an Appearance and Answer after being served?
Rule 4(e) gives the defendant 30 days from the date of service of the Summons and Complaint to file an Appearance and an Answer.
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 how to file a lawsuitnh complaint and summons ruleservice of process deadline nhstatute of limitations commencement nhnh answer deadline 30 days