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Rule 8.Complaints and Other Claims for Relief

Group III: Pleadings and Motions · Last amended January 1, 2018 · Last verified July 14, 2026

In one sentenceRule 8 governs what a Complaint must contain, bars pleading a specific dollar amount of damages in personal actions, sets standards for an amendment to relate back to the original filing date, and requires a jury demand on the Complaint's first page.

Full Text of Rule 8

Text sizeJump to: (a) (b) (c)

(a) Except as may be more specifically provided by these rules in respect of specific actions, a pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim or third-party claim, shall contain a statement of the material facts known to the pleading party on which the claim is based, showing that the pleader is entitled to relief, and a demand for judgment for the relief to which the pleader claims entitlement; provided, however, that in any personal action a pleading shall not allege the amount of damages claimed, but shall state only that the damages claimed are within the jurisdictional limits of the court. Relief in the alternative or of several different types may be demanded.
(b) An amendment to a pleading relates back to the date of the original pleading when:
(1) a statute that provides the applicable statute of limitations allows relation back;
(2) the amendment asserts a claim or defense that arose out of the conduct, transaction or occurrence set out - or attempted to be set out - in the original pleading; or
(3) the amendment changes the party or the naming of the party against whom a claim is asserted, if Rule 8(b)(2) is satisfied and if, within the period provided for serving the summons and complaint, the party to be brought in by amendment:
(A) received such notice of the action that it will not be prejudiced in defending on the merits; and
(B) knew or should have known that the action would have been brought against it, but for a mistake or lack of information concerning the proper party's identity.
(c) A plaintiff entitled to a trial by jury and desiring a trial by jury shall so indicate upon the first page of the Complaint at the time of filing, or, if there is a counterclaim, at the time plaintiff files an Answer to such counterclaim. Failure to request a jury trial in accordance with this rule shall constitute a waiver by the plaintiff thereof.

Comment

Pleadings which notify the opposing party and the court of the factual and legal bases of the pleader's claims or defenses better define the issues of fact and law to be adjudicated. This definition should give the opposing party and the court sufficient information to determine whether the claim or defense is sufficient in law to merit continued litigation. Pleadings should assist in setting practical limits on the scope of discovery and trial and should give the court sufficient information to control and supervise the progress of the case. The language following the proviso in section (a) of the rule is intended to conform to the requirements of RSA 508:4-c.

Amendment History

Adopted May 22, 2013, eff. October 1, 2013; amended October 18, 2017, eff. January 1, 2018.

2017: The 2017 amendment added (b) and redesignated former (b) as (c).

Plain-English Summary

Rule 8(a) tells a pleader what a claim for relief must include: a statement of the material facts known to the pleading party showing entitlement to relief, and a demand for judgment, with alternative or multiple types of relief allowed. New Hampshire has a distinctive limit here — in a personal action, the pleading cannot state a specific dollar amount of damages, only that damages fall within the court's jurisdictional limits. The official Comment ties this directly to RSA 508:4-c, so the rule's approach reflects a statutory choice, not just a drafting preference.

Rule 8(b), added in 2017, sets out when an amended pleading relates back to the date of the original pleading rather than the date of the amendment — a distinction that can decide whether a claim survives a statute of limitations. Relation back applies when the governing statute of limitations allows it, when the amendment arises from the same conduct, transaction, or occurrence already set out or attempted to be set out in the original pleading, or when the amendment changes the party being sued and the new party had timely notice of the action and knew or should have known the suit would have named it but for a mistake about the proper party's identity.

Rule 8(c) protects the right to a jury trial by requiring the plaintiff to indicate the demand on the first page of the Complaint at filing — or, if there is a counterclaim, when the plaintiff answers it. Miss that step and the plaintiff waives the jury demand; the parallel requirement for defendants appears in Rule 9(c).

Frequently Asked Questions

Can I state a specific dollar figure for the damages I am seeking in my Complaint?

Not in a personal action. Rule 8(a) requires the pleading to state only that damages claimed are within the court's jurisdictional limits, rather than alleging a specific amount.

If I need to add a new defendant after the statute of limitations has run, can my amendment still relate back to the original filing?

It can, under Rule 8(b)(3), if the claim arises from the same conduct or occurrence as the original pleading and the new party had notice of the action in time to avoid prejudice and knew or should have known the suit would have named it but for a mistake about identity.

How do I preserve my right to a jury trial as a plaintiff?

Rule 8(c) requires you to indicate the jury trial demand on the first page of the Complaint when you file it, or, if there is a counterclaim, when you file your Answer to that counterclaim.

What happens if I forget to request a jury trial when filing my Complaint?

Rule 8(c) states that failure to request a jury trial in accordance with the rule constitutes a waiver of that right by the plaintiff.

Can I ask for more than one type of relief in a single claim?

Yes. Rule 8(a) expressly allows relief in the alternative or of several different types to be demanded in the same pleading.

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 complaint requirementsrelation back amendment nhjury demand nh complaintdamages jurisdictional limits nhrsa 508:4-c pleading