491:1 Justices. – The superior court shall consist of a chief justice, appointed by the governor and council to a 5-year term, and 21 associate justices. Said justices shall be appointed and commissioned as prescribed by the constitution and shall exercise the powers of the court unless otherwise provided. The chief justice shall be […]
491:10 Rules. – The court, acting as a body, may from time to time establish rules and orders of practice, consistent with the laws, for conducting and regulating its business, and may prescribe forms of proceedings in all cases not provided for. Source. RS 171:9. CS 181:12. 1855, 1659:14. 1859, 2213:2. GS 189:6. GL […]
491:10-a Use of Recording Devices. – Upon petition by either party before or during any hearing or trial, the court may in its discretion allow said party to record the proceedings by any recording device. Said recordings shall be made at the expense of the petitioner and no fee shall be levied by the […]
491:11 Process on Deposited Records. – The court may issue writs of execution scire facias, and other proper process, upon judgments, records, and files of any court or justice required to be kept by the clerk of the court as records of his office, and may amend the same in like manner as if […]
491:12 Scire Facias on Municipal Court Judgments. – Scire facias may be issued in the superior court, upon judgments and other proceedings in municipal courts, when the amount of the judgment or other demand claimed, including costs and interests, exceeds the jurisdiction of said municipal court, upon attested copies of such judgments or other […]
491:13 Trials by Court. – Causes which the court has authority to refer shall, as far as practicable, be tried by one or more justices of the court, unless one of the parties objects. Source. 1855, 1659:26. GS 189:4. GL 208:4. 1881, 55:1. PS 204:8. PL 316:10. RL 370:11.
491:14 Equity Procedure. – Suits in equity, petitions for divorce, nullity of marriage, alimony, custody of children, allowance to wife from husband’s property, new trials, redemption and foreclosure of mortgages, writs of mandamus and quo warranto, and other similar proceedings may be heard upon oral testimony or depositions, or both; or when both parties […]
491:14-a Defendant’s Name. – When the name of the defendant is unknown to the plaintiff, a bill in equity may be brought against him by a fictitious name, and it shall not for that cause be abated, but may be amended on such terms as the court may order. Source. 1971, 18:1, eff. May […]
491:15 Findings. – The court or justice trying causes under RSA 491:13 and 491:14 shall, if either party requests it, give his decision in writing, stating the facts found and his rulings of law, which shall be filed and recorded. Source. 1855, 1659:27. GS 189:5. 1870, 2:3. GL 208:5. PS 204:10. PL 316:12. RL […]
491:16 On Issues Framed. – In bills in equity, when issues are framed and tried by jury, the verdict or findings of the jury shall be advisory and may be modified or set aside if not satisfactory to found a decree upon. Source. 1935, 120:1. RL 370:14. RSA 491:16. 1975, 395:5, eff. Jan. 1, […]
491:17 Transfer of Cases. – Questions arising upon exceptions, upon a special verdict, an issue of law, motion for a new trial or in arrest of judgment, or other motion or proceeding, or upon a statement of facts agreed to and signed by the parties, may be reserved and transferred by the presiding justice, […]
491:18 Stay of Execution. – When a bill of exceptions is allowed, the court may stay execution upon the judgment rendered in the case, upon such terms and conditions as the court deems just. Source. 1855, 1659:17. GS 189:14. GL 208:14. PS 204:16. PL 316:14. RL 370:16.
491:19 Petition. – Whenever any official or board is given the power to summon witnesses and take testimony, but not the power to punish for contempt, and any witness refuses to obey such summons, either as to his appearance or as to the production of things specified in the summons, or refuses to testify […]
491:2 Repealed by 2003, 311:10, II, eff. July 1, 2003. –
491:20 Procedure. – Upon the filing of a petition pursuant to RSA 491:19, the court or justice shall have authority to proceed in the matter as though the original proceeding had been in the court, and may make orders and impose penalties accordingly. Source. PL 316:16. RL 370:18.
491:20-a to 491:20-c Repealed by 2005, 177:18, II, eff. July 1, 2005. –
491:21 Naturalization. – The superior court shall have and entertain jurisdiction of applications and other proceedings for the naturalization of aliens under any of the acts of congress in relation thereto. Source. 1876, 47:1. GL 29:12. 1889, 37:1. PS 238:1. 1909, 65:1. PL 316:17. RL 370:19.
491:22 Declaratory Judgments. – I. Any person claiming a present legal or equitable right or title may maintain a petition against any person claiming adversely to such right or title to determine the question as between the parties, and the court’s judgment or decree thereon shall be conclusive. The taxpayers of a taxing district […]
491:22-a Liability Coverage; Burden of Proof. – In any petition under RSA 491:22 to determine the coverage of a liability insurance policy, the burden of proof concerning the coverage shall be upon the insurer whether he institutes the petition or whether the claimant asserting the coverage institutes the petition. Source. 1969, 255:1, eff. Aug. […]
491:22-b Insurance Actions; Costs and Attorneys’ Fees. – In any action to determine coverage of an insurance policy pursuant to RSA 491:22, if the insured prevails in such action, he shall receive court costs and reasonable attorneys’ fees from the insurer. Source. 1973, 458:1, eff. Aug. 29, 1973.