I. A writ of summons may be issued, returnable before a district court, setting forth in substance that the plaintiff is entitled to the possession of the demanded premises, and that the defendant is in possession thereof without right, after notice in writing, to quit the same at a day named therein.
[Paragraph II effective until October 8, 2026; see also paragraph II set out below.]
II. The writ shall be accompanied by a notice from the district court, printed in no smaller than 12-point type, informing the tenant that:
(a) If the tenant wishes to contest the eviction, he must file an appearance in the district court no later than the return day appearing on the writ.
(b) The tenant shall not be evicted unless the court so orders; however, such an order may be granted if the tenant does not file an appearance.
(c) At the time the tenant files his appearance, he may request that the court make a sound recording of the eviction hearing by checking an appropriate box on the appearance form.
(d) If the tenant wishes to appeal the district court's decision, he must:
(1) File a notice of intent to appeal with the district court within 7 days of the notice of the district's decision; and
(2) File a notice of appeal in the supreme court within 30 days of the notice of the district court's decision; and
(3) Pay all rent, as it comes due, between the date of the notice of intent to appeal the district court's decision and the final disposition of the appeal.
[Paragraph II effective October 8, 2026; see also paragraph II set out above.]
II. The writ shall be accompanied by a notice from the district court, printed in no smaller than 12-point type, informing the tenant that:
(a) If the tenant wishes to contest the eviction, he or she shall file an appearance in the district court no later than the return day appearing on the writ and file an answer not more than 5 days after the return date stating the defendant's affirmative defenses and/or counterclaims.
(b) The tenant shall not be evicted unless the court so orders; however, such an order may be granted if the tenant does not file an appearance.
(c) At the time the tenant files his appearance, he or she may request that the court make a sound recording of the eviction hearing by checking an appropriate box on the appearance form.
(d) If the tenant wishes to appeal the district court's decision, he or she shall:
(1) File a notice of intent to appeal with the district court within 7 days of the notice of the district's decision; and
(2) File a notice of appeal in the supreme court within 30 days of the notice of the district court's decision; and
(3) Pay all rent, as it comes due, between the date of the notice of intent to appeal the district court's decision and the final disposition of the appeal.
(e) If the tenant files any post-judgement motions, including, but not limited to, a motion for reconsideration, the tenant shall pay all rent, as it comes due, between the date of the motion and the final ruling on the motion.
[Paragraph III effective until October 8, 2026; see also paragraph III set out below.]
III. The writ of summons and the notice provided in paragraph II shall be returnable 7 days from the date of service of the writ by the sheriff. The writ of summons shall provide an opportunity for the landlord, at the landlord's option, to make a claim for an award of unpaid rent. If the landlord elects to make a claim for unpaid rent, the court shall consider any defense, claim, or counterclaim by the tenant which offsets or reduces the amount owed to the plaintiff. If the court finds that the landlord is entitled to possession on the ground of nonpayment of rent, it shall also award the landlord a money judgment. If the court determines that the amount owed by the landlord to the tenant, as a result of set-off or counterclaim exceeds or equals the amount of rent and other lawful charges owed by the tenant to the landlord, judgment in the possessory action shall be granted in favor of the tenant. If the court finds that the tenant's counterclaim exceeds the amount of the nonpayment, a money judgment shall issue in favor of the tenant. Any decision rendered by the court related to a money judgment, shall be limited to a maximum of $1,500 and shall not preclude either party from making a subsequent claim in a court of competent jurisdiction to recover any additional amounts not covered by the $1,500 judgment.
[Paragraph III effective October 8, 2026; see also paragraph III set out above.]
III. The writ of summons and the notice provided in paragraph II shall be returnable 7 days from the date of service of the writ by the sheriff. The writ of summons shall provide an opportunity for the landlord, at the landlord's option, to make a claim for an award of unpaid rent. If the landlord elects to make a claim for unpaid rent, the court shall consider any defense, claim, or counterclaim pled by the tenant which offsets or reduces the amount owed to the plaintiff. If the court finds that the landlord is entitled to possession on the ground of nonpayment of rent, it shall also award the landlord a money judgment. If the court determines that the amount owed by the landlord to the tenant, as a result of set-off or counterclaim exceeds or equals the amount of rent and other lawful charges owed by the tenant to the landlord, judgment in the possessory action shall be granted in favor of the tenant. If the court finds that the tenant's counterclaim exceeds the amount of the nonpayment, a money judgment shall issue in favor of the tenant. Any decision rendered by the court related to a money judgment, shall be limited to a maximum of $1,500 and shall not preclude either party from making a subsequent claim in a court of competent jurisdiction to recover any additional amounts not covered by the $1,500 judgment.
[Paragraph IV effective until October 8, 2026; see also paragraph IV set out below.]
IV. Both parties shall have a right to engage in discovery prior to the hearing on the merits within such time frame as may be established for eviction actions by the Rules of the District Court.
[Paragraph IV effective October 8, 2026; see also paragraph IV set out above.]
IV. Both parties shall have a right to engage in discovery prior to the hearing on the merits within such time frame as may be established for eviction actions by the Rules of the District Court, provided, absent good cause or agreement of the parties, any motion for continuance to allow time to complete discovery shall be filed no later than 5 days after the return day appearing on the writ. Any party that requests discovery shall state the defense, claim, or counterclaim relevant to the request.
[Paragraph IV-a effective October 8, 2026.]
IV-a. If the tenant raises a defense at the hearing on the merits that the landlord did not have prior notice of, the landlord shall be entitled to a continuance of the hearing not to be more than 7 days unless the landlord requests a longer time to prepare a response.
[Paragraph V effective until October 8, 2026; see also paragraph V set out below.]
V. If the tenant files an appearance, a hearing shall be scheduled to occur within 10 days after such filing, with allowance for additional time pursuant to paragraph IV, with notice of the hearing mailed to the parties no fewer than 6 days prior to the hearing. If the tenant fails to file an appearance or fails to appear at the hearing on the merits, the court shall mail a notice of default to the address set forth on the summons at least 3 days prior to the issuance of the writ of possession.
[Paragraph V effective October 8, 2026; see also paragraph V set out above.]
V. If the tenant files an appearance, a hearing shall be scheduled to occur within 10 days after such filing, with allowance for additional time pursuant to paragraph IV, with notice of the hearing mailed to the parties no fewer than 6 days prior to the hearing. If the tenant fails to file an appearance or fails to appear at the hearing on the merits, the tenant shall be considered in default, and the court shall mail a notice of default to the addresses set forth on the summons the day following default. If both the plaintiff and defendant appeared at the hearing on the merits, the court shall mail a notice of judgment to the addresses set forth on the summons as soon as possible, but no later than 2 days after the hearing on the merits. Seven days after mailing such notice, if the prevailing party was the landlord, then the court shall enter judgment for the landlord and issue the writ of possession forthwith.
[Paragraph V-a effective October 8, 2026.]
V-a. Any motion to continue or otherwise delay the hearing on the merits should not be granted without good cause or by agreement of the parties.
VI. In deciding any contested hearing, the court shall issue a written decision setting forth the basis for its decision.
VII. In the case of nonpayment of rent, while the possessory action is pending, the landlord may accept payment of the rental arrearage without creating a new tenancy, provided that the landlord informs the tenant in writing of the landlord's intention to proceed with the eviction in spite of the landlord's acceptance of the payment. The landlord may choose not to accept payment and to proceed with the eviction.
Source. RS 209:8, 9. CS 222:8, 9. GS 231:8. GL 250:8. PS 246:8. PL 357:13. RL 413:13. RSA 540:13. 1957, 244:23. 1992, 284:87. 1996, 155:1, 2. 1998, 25:1, 2, eff. Jan. 1, 1999. 2026, 308:1, eff. Oct. 8, 2026.