N.H. R. Sup. Ct. 5

As amended through September 26, 2024

Rule 5 - Docketing the Case: Filing the Record

(1) In an appeal from a trial court decision on the merits pursuant to Rule 7, the party appealing shall pay the entry fee prescribed by the supreme court and, unless differently provided by law, shall simultaneously file the notice of appeal, including the attachments mentioned on the applicable notice of appeal form, in the office of the clerk of this court, 1 copy with each of the parties, and 1 copy with the office of the clerk of the court from which the appeal is taken.

In an interlocutory appeal from a ruling and in an appeal from an administrative agency by petition, the party appealing, and in an interlocutory transfer without ruling and in a petition requesting the supreme court to exercise its original jurisdiction, the plaintiff shall pay the entry fee prescribed by the supreme court and shall simultaneously file the required forms in the office of the clerk of this court, 1 copy with each of the parties, and 1 copy with the office of the clerk of the court or agency from which the appeal or transfer is taken.

In all criminal appeals and appeals from an administrative agency, the appealing party shall simultaneously file 1 copy of the notice of appeal with the attorney general.

A cross-appeal by another party shall be docketed in the same manner, accompanied by the required entry fee, subject to Rule 7(5) or Rule 10(9).

A motion to extend time to file an appeal document, when not accompanied by the appeal document, shall be docketed upon the filing of the motion, accompanied by the required entry fee. The moving party shall simultaneously file 1 copy with each of the parties, 1 copy with the office of the clerk of the court or agency from which the appeal or transfer is taken, and (in the case of a criminal appeal or an appeal from an administrative agency) 1 copy with the attorney general. A motion to extend time to file an appeal shall be granted only in exceptional circumstances. See Rule 21(6).

(2) The court may upon motion waive payment of the entry fee in exceptional circumstances. Such motion shall be filed at the same time the notice of appeal or other appeal form is filed.

In any criminal case where the defendant is indigent and wishes to be represented by appointed counsel, a petition for assignment of counsel or for continued assignment of counsel and supporting affidavit of indigency shall be filed in this court at the same time the notice of appeal is filed. It is essential that Rule 32 be complied with.

(3) A case may be docketed under the title given to it in the trial court or administrative agency from which the case is transferred, or the supreme court may process and report the case under a new name or names.

(4) If the moving party shall fail to cause timely docketing of the case, in accordance with the requirements of these rules, or transmission of the record or to pay the entry fee, if one is required, the case shall be dismissed.

(5) Any person not complying with Supreme Court procedural rules may be assessed any postage or copying costs incurred by the clerk's office in obtaining compliance with these procedural rules.

N.H. R. Sup. Ct. 5

Amended effective 7/1/2019; amended effective 1/1/2020; amended effective 1/1/2020.