What are New Hampshire Court Records?

Docket Sheet

This is an official summary of all the proceedings and filings in a court case, providing a chronological list of case proceedings, including documents filed by the parties, court orders, motions, hearings, and other important activities.

Judgments and Orders

These refer to decisions and directives issued by the court in a case, commanding or prohibiting specific actions by the parties involved.

Transcripts

Transcripts are official written records of what was said during a court proceeding. They are an exact account of the spoken words, including statements made by the judge, attorneys, witnesses, and others involved in the case.

Evidence

Evidence refers to material or testimony presented during a trial or hearing that helps to prove or disprove the facts in dispute.

Court Minutes

Court minutes are brief notes taken by a court clerk or a designated official, documenting the key events, orders, and decisions made during a hearing or trial.

Pleadings

Pleadings are statements submitted by the parties in a legal case, outlining their claims, defenses, and other legal arguments.

Civil Cases

In a New Hampshire civil case, an individual or entity known as the "plaintiff" initiates legal action to recover compensation for damages caused by another party, referred to as the "defendant". Unlike a criminal trial where the outcome is "guilty" or "not guilty", the defendant in a civil case is determined to be "liable" or "not liable" for the alleged harm. If found liable, the defendant may be ordered to compensate the plaintiff for the losses incurred. Both parties in a civil case have the right to appeal the decision to a higher court. Examples of civil cases in New Hampshire are:

• Personal Injury Claims: Cases involving individuals seeking compensation for injuries caused by accidents, such as car accidents, slips and falls, or medical malpractice.
• Contract Disputes: Disagreements over the terms or performance of contracts, such as breaches of business agreements, rental agreements, or service contracts.
• Property Disputes: Conflicts related to real estate, including disputes over property boundaries, landlord-tenant issues, or property damage claims.
• Family Law Matters: Cases involving divorce, child custody, alimony, and property division
• Employment Disputes: Cases involving wrongful termination, discrimination, wage disputes, or workplace harassment.
• Debt Collection: Actions taken by creditors to recover unpaid debts from individuals or businesses.

Criminal Cases

In criminal cases in New Hampshire, the defendant is assumed to be innocent until proven guilty, and it is the responsibility of the prosecution (the government) to establish the defendant's guilt "beyond a reasonable doubt".

A defendant may face various penalties, including probation, fines, restitution, or imprisonment if found guilty. Criminal cases are classified into two categories: misdemeanors, (offenses carrying a maximum jail sentence of one year) and felonies (offenses punishable by more than one year in prison).

In criminal trials, only the defendant has the right to appeal a verdict to a higher court. The principles of "double jeopardy" under the U.S. and New Hampshire Constitutions protect defendants from being tried again on the same charges once a verdict has been reached.

Common examples of criminal cases in New Hampshire include:

• Theft
• Assault
• Murder
• Drug offenses
• Domestic violence
• Robbery

Supreme Court

The Supreme Court is the highest-level state court in New Hampshire. It is located in Concord and has one chief justice and four associate justices. The court issues opinions interpreting the New Hampshire Constitution and laws and corrects legal errors in the proceedings of the lower courts in the state. It also hears reviews of many state administrative agencies.

Superior Court

The New Hampshire Superior Court has locations in each county and 22 full-time judges. Each New Hampshire county is represented by a Superior court, except for Hillsborough County, which has two courts, a southern and a northern location. The Superior Court is a statewide court with general jurisdiction over trials in civil and criminal cases. In a criminal jury trial held in the court, the verdict must be reached by a panel of 12 jurors, while in a civil case, the party bringing the lawsuit may decide to have a judge, not a jury, decide the case.

Circuit Court

The lower courts in New Hampshire were combined into 10 circuit courts in July 20211. The Circuit Court is a statewide court with at least one location in each county in the state. Approximately 90% of the cases heard in New Hampshire courts are handled by the circuit courts. Each circuit court has a district, probate, and family division. Overall, the Circuit Court has 10 probate divisions, 28 family divisions, and 32 district divisions. There are 39 full-time judges in the court.

District Court

The District Division of the Circuit Court handles cases relating to juveniles, small claims, landlord-tenant matters, minor crimes and violations, and civil cases where the disputed amount does not exceed $25,000. A circuit court's district division serves one or more towns. There are 31 district divisions in the state.

Probate Court

The Probate Division of the Circuit Court handles matters relating to wills, trusts, and estates, adoptions, guardianships, involuntary commitment proceedings, name changes, and the partition of real estate. There are probate court locations in each county.

Family Court

The Family Division of New Hampshire's circuit courts hear cases relating to domestic violence petitions, divorce or parenting actions, juvenile delinquency, termination of parental rights, child support, guardianship of minors, abuse or neglect cases, children in need of services, and some adoptions. This division operates in 28 locations in the ten counties in New Hampshire. Cases are typically assigned to court locations by where the parties involved in the cases reside.

Drug and Mental Health Courts

The Drug and Mental Health Court is a specialty court program offered to offenders diagnosed with substance abuse or mental health issues. The programs are available in the district court divisions of the circuit court and superior court locations in the state.

These treatment courts integrate community-based treatment programs with rigorous court oversight, using a system of graduated incentives and penalties. By connecting offenders to necessary treatment services, the program seeks to address the underlying substance abuse and mental health issues that contribute to criminal behavior, to reduce recidivism and enhance public safety. These courts are specifically designed to encourage compliance with treatment as an alternative to incarceration.

Family Treatment Court

The Family Treatment Court is a pilot specialty program operated in the circuit courts in the state. The program is offered for cases of abuse or neglect originating from the family divisions of the Newport and Claremont circuit courts. A parent with a neglect or abuse case involving substance use may opt to participate in the family treatment court.

The program adopts a collaborative, team-based strategy to enhance a family's access to support services, accountability and recovery, and chances of reunification. It brings together the court, the Division for Children, Youth, and Families, parent attorneys, court-appointed Special Advocates of New Hampshire, mental health professionals, substance use treatment providers, and other community partners.

The pilot initiative aims to help the statewide family treatment court (FTC) team develop best practices for potential family treatment courts in other counties and for handling family and criminal cases involving parents with substance use disorders across Circuit Courts statewide.