Rule 4.3 - Responding to Small Claim Complaint or Counterclaim(a)Response(1) The defendant shall file a court generated Response to Small Claim form electronically, as required under the New Hampshire Circuit Court Electronic Filing Pilot Rules. When the defendant is served by first class mail, the response shall be filed by the date indicated on the notice which shall be thirty (30) days from the date the court mails the notice, or if the defendant is served as in all other actions at law the response shall be filed by the return date selected by the court which shall be not less than 45 days from the date the court forwards the notice to the plaintiff for service. (2) The response shall include the name, address (residence and mailing) and date of birth of the defendant(s). The date of birth shall be submitted on the Small Claim Confidential Information Sheet and shall be confidential as to non-parties to comply with the New Hampshire Circuit Court Electronic Filing Pilot Rules. Access to these documents shall be pursuant to District Division Rule 1.26. If the response includes a request for a hearing, the defendant shall indicate the amount of the claim which is not in dispute and provide a brief explanation of the basis for the amount in dispute. (3) If the defendant is filing a response on behalf of another individual or entity, the defendant must comply with Rule 4.1(b)(2). (b)Demand for Jury Trial. When the debt or damages claimed exceed $1,500.00, the defendant may claim trial by jury pursuant to RSA 503:1 III within the time allowed by statute or at the same time as the filing of a timely response. The small claims transfer fee shall be paid by the defendant at the time the request is made. (c)Failure to Respond. If the defendant fails to file a timely response, upon the filing by the plaintiff of a Military Statement and any other documents required by the court, a default judgment may be issued for the plaintiff. (d)Counterclaim(1) Any claim that the defendant wishes to file against the plaintiff that is related to the plaintiff's claim is known as a counterclaim and may be filed with the defendant's response, but shall be filed no later than the return date indicated on the original notice. If the defendant fails to file a counterclaim with the response or before the return date selected by the court, the defendant may file a request with the court to allow a late counterclaim, which may be granted only upon good cause shown. (2) A counterclaim shall not be considered filed until the filing fee has been paid or a properly supported motion to waive filing fee has been submitted. (See District Division Rule 3.3 for filing fees.) (e)Response to Counterclaim. The plaintiff is not required to respond to a counterclaim. When the debt or damages claimed in the counterclaim exceeds $1500.00, the plaintiff may claim trial by jury pursuant to RSA 503:1, III within the time allowed by statute but in no event later than 14 days from the date that the counterclaim is filed with the court. For good cause shown, the court may permit a request for transfer to Superior Court to be filed after the 14 day limitation. The small claim transfer fee shall be paid by the plaintiff at the time the request is made. N.H. R. Cir. Ct. Sm. Clm. 4.3
Amended June 25, 2015, eff. 7/1/2015.