All cases which shall have been pending upon the docket for 3 years, without any action being shown on the docket other than being placed on the trial list, shall be marked "dismissed," and notice thereof sent to the parties or representatives who have appeared in the action.
Rule 41.Dismissal of Actions
Group VIII: Judgment · Last amended October 1, 2013 · Last verified July 14, 2026
In one sentenceRule 41 lets the court mark a case dismissed after it has sat on the docket for three years with no action beyond being placed on the trial list, and requires notice of that dismissal to the parties or their representatives.
Full Text of Rule 41
Amendment History
Adopted May 22, 2013, eff. October 1, 2013.
Plain-English Summary
Rule 41 clears the docket of cases that have gone stagnant. If a case has been pending for 3 years and nothing has happened on the docket other than its placement on the trial list, the court marks it "dismissed" and sends notice to the parties or representatives who appeared in the action. Placement on the trial list, by itself, doesn't count as the kind of docket action that keeps a case out of this rule's reach.
Frequently Asked Questions
How long can a case sit inactive before the court can dismiss it under this rule?
Three years, counted from when the case was first pending on the docket, with no action shown on the docket other than being placed on the trial list.
Does being placed on the trial list stop the three-year clock?
No. The rule specifically excludes placement on the trial list from counting as docket action, so a case can still be dismissed even after it's been listed for trial.
Will I be notified if my case is dismissed under this rule?
Yes. Notice of the dismissal goes to the parties or representatives who have appeared in the action.
Who receives the dismissal notice?
The parties of record or their representatives who have appeared in the action, not just the party that may have caused the delay.
Does this rule apply if the docket shows other activity besides trial-list placement?
The rule reaches cases with no docket action other than trial-list placement over the three-year period. Any other recorded docket activity takes a case outside what this rule targets.
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: three year dismissal rule NHdocket dismissal superior courtinactive case dismissalstale case dismissed for want of prosecution