Courts in New Hampshire

In New Hampshire, there is one federal district court, a state supreme court, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• Trial courts

The image below depicts the flow of cases through New Hampshire's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of New Hampshire's state court system.

Judicial selection process[edit]

See also: Judicial selection in New Hampshire

Judges on the New Hampshire Supreme Court, New Hampshire Superior Courts, and New Hampshire Circuit Courts are selected through gubernatorial appointment and may serve until they reach the age of 70. When a vacancy occurs, the governor nominates a successor. The nominee must be approved by the New Hampshire Executive Council.^[1][2] The five members of the executive council are chosen every two years in partisan elections.^[3] As of August 2021, it had been customary since 2000 for the governor to establish a judicial selection commission by executive order to seek out, evaluate, and recommend candidates for nomination.^[4][5]

Federal courts[edit]

The federal district court in New Hampshire is the United States District Court for the District of New Hampshire.

Appeals from this federal court go to the U.S. Court of Appeals for the 1st Circuit.

Active judges[edit]

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

• Democrat appointed: 2
• Republican appointed: 1

Judicial selection[edit]

Judges who sit on the federal district courts are nominated by the president of the United States and confirmed by the United States Senate. These judges serve life terms. To read more about the judges on these courts, click here.

State supreme court[edit]

See also: New Hampshire Supreme Court

The Supreme Court is the court of last resort in the state. The chief justice is the head of the state's judiciary and, with the other justices of the Supreme Court, oversees the judicial branch. The supreme court has jurisdiction to hear appeals from lower trial courts, as well as many administrative agencies. The court may also issue writs of certiorari, prohibition, and habeas corpus.^[6]

The following judges sit on the court:

Trial courts[edit]

See also: New Hampshire Superior Courts

See also: New Hampshire Circuit Courts

New Hampshire Superior Courts[edit]

The superior courts are the courts of general jurisdiction, holding jury trials in civil and criminal cases. All cases are appealed directly to the New Hampshire Supreme Court. The superior courts hear the following types of cases:

• Negligence, contracts, real property rights and other civil matters where claim for damages totals at least $1,500 and at least one party requests a jury trial
• Cases involving a claim for damages over $25,000
• Felonies
• Misdemeanor appeals from the circuit courts
• Petitions for injunctive relief^[7]

New Hampshire Circuit Courts[edit]

On July 1, 2011, New Hampshire's lower courts were combined into 10 circuit courts, with at least one location in each New Hampshire county. The courts were created under HB 609, which was signed into law by Governor John Lynch (D) on May 16, 2011. Ninety percent of the cases filed in New Hampshire will be heard in these courts. Each circuit court has three divisions, district, probate and family. Some courts may have multiple locations depending on the size of the county.^[8][9]

Probate division[edit]

Formerly called probate courts, the probate division of the circuit courts has jurisdiction over the following matters: wills, trusts and estates, guardianships and involuntary commitment proceedings, adoptions, name changes and the partition of real estate. In the consolidation of July 2011, the number of probate courts was reduced from 117 to 54.^[10][11]

District division[edit]

Formerly called the district courts, the district division of the circuit courts handles misdemeanor and violation offenses (including motor vehicle violations), small claims, landlord-tenant matters, stalking cases and other civil cases. There are 32 circuit courts with district divisions throughout New Hampshire.^[12]

Family division[edit]

Formerly called family courts, the family division of the circuit courts has jurisdiction over matters involving divorce and parenting, child support, domestic violence petitions, guardianship of minors, termination of parental rights, abuse and neglect cases, matters regarding children who need state services, juvenile delinquency, and some adoption matters. There are 28 family divisions in the state, located in the following counties:

• Belknap
• Carroll
• Cheshire
• Coos
• Grafton
• Hillsborough
• Merrimack
• Rockingham
• Strafford
• Sullivan^[13]

In other states[edit]

See also[edit]

• Judicial selection in New Hampshire
• New Hampshire judicial elections

External links[edit]

• Search Google News for this topic
• New Hampshire Judicial Branch website
• New Hampshire Judicial Branch, "Find your New Hampshire court"

Footnotes[edit]

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