by Robert Fojo | Nov 6, 2014 | Litigation |
New Hampshire’s Proportional and Automatic Discovery Rules (the “NH PAD Rules”) went into effect for civil and equity cases on March 1, 2013. The NH PAD Rules have been in effect as a pilot program in Carroll and Strafford counties since October 1, 2010, and in Hillsborough County since October 1, 2012. The following summarizes the most significant changes to New Hampshire civil procedure from these new rules. If you are involved in litigation in New Hampshire, you and your attorney should be aware of these rules and the strict requirements they impose. Brief Overview of the NH PAD Rules All New Hampshire Superior Court rules that do not directly contradict the NH PAD rules will remain in effect. The Superior Court rules that do contradict the NH PAD rules will eventually be amended. Some are exempt from the NH PAD rules, including notice of bond claims, petitions for the return of property, petitions to confirm an arbitration award, zoning board appeals, and planning board appeals. Exempt cases will continue to follow the traditional Superior Court Rules. A full list of exempt cases may be found here. The NH PAD Rules – The Biggest Changes The following is a list of the biggest changes imposed by the NH PAD Rules. 1) A Complaint, Not a Writ of Summons (NH PAD Rule 1) The NH PAD rules abolish the Writ of Summons and replace it with a complaint and answer consistent with the federal pleadings system. The complaint must set forth a “claim for relief,” including a statement of the material facts, a showing of entitlement to relief, and a demand for judgment for the type...
