Wiebusch on New Hampshire Civil Practice and Procedure
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Wiebusch on New Hampshire Civil Practice and Procedure by Gordon J. MacDonald is an indispensable resource that remains the only treatise offering comprehensive treatment of all aspects of New Hampshire civil practice and procedure.
The Fourth Edition highlights the complete revision of the rules of New Hampshire’s trial court of general jurisdiction, the superior court. These new Superior Court Rules became effective on October 1, 2013. They formalize many substantive changes that had been implemented as part of the Proportional Discovery/Automatic Disclosure Pilot Project: they eliminate the distinction between proceedings in law and equity, create a single civil action to be commenced with a complaint, and impose automatic disclosure requirements and discovery limitations. A chart included in Volume 6 tracks the old rules versus the new rules.
In addition to the new Superior Court Rules, the Fourth Edition addresses other changes. Notably, the transformation of the structure of the court system by the creation of the circuit court. Three trial courts with specialized subject matter jurisdiction - the district court, the probate court and the judicial branch family division - are now divisions of the circuit court. The Fourth Edition explains the entire civil process, beginning with commencement of a civil action, proceeding through trial, and concluding with appellate review. In addition, numerous sample forms and pleadings are included.
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Table of contents
CHAPTER 1: STRUCTURE OF JUDICIAL SYSTEM
CHAPTER 2: IN PERSONAM, QUASI IN REM AND IN REM JURISDICTION
CHAPTER 3: SUBJECT MATTER JURISDICTION OF NEW HAMPSHIRE COURTS
CHAPTER 4: VENUE
CHAPTER 5: DOCTRINE OF FORUM NON CONVENIENS
CHAPTER 6: PARTIES
CHAPTER 7: PLEADINGS AND MOTIONS
CHAPTER 8: AMENDMENTS OF PLEADINGS
CHAPTER 9: INITIAL PLEADINGS
CHAPTER 10: SERVICE OF PROCESS
CHAPTER 11: APPEARANCE
CHAPTER 12: ANSWERS, BRIEF STATEMENTS AND SPECIFICATIONS
CHAPTER 13: COUNTERCLAIMS, SET-OFFS, RECOUPMENTS, AND CROSS-CLAIMS
CHAPTER 14: REPLICATION AND SPECIFICATION
CHAPTER 15: MOTIONS GENERALLY
CHAPTER 16: INITIAL DISPOSITIVE PLEADINGS
CHAPTER 17: ATTACHMENT AND TRUSTEE PROCESS
CHAPTER 18: REPLEVIN
CHAPTER 19: INJUNCTIONS
CHAPTER 20: RECEIVERS AND GUARDIANS AD LITEM
CHAPTER 21: CONFESSION OF CLAIM/OFFER OF JUDGMENT
CHAPTER 22: GENERAL PRINCIPLES OF PRETRIAL DISCOVERY
CHAPTER 23: WRITTEN INTERROGATORIES
CHAPTER 24: MEDICAL EXAMINATIONS
CHAPTER 25: PRODUCTION OF DOCUMENTS AND THINGS AND ELECTRONICALLY STORED INFORMATION (ESI)
CHAPTER 26: REQUESTS FOR ADMISSIONS
CHAPTER 27: DEPOSITIONS
CHAPTER 28: DEPOSITIONS IN PERPETUAL REMEMBRANCE
CHAPTER 29: PRETRIAL CONFERENCES, STATEMENTS AND STIPULATIONS
CHAPTER 30: ASSIGNMENT OF TRIAL DATE
CHAPTER 31: SUMMARY JUDGMENT
CHAPTER 32: VOLUNTARY NONSUIT
CHAPTER 33: DEFAULT
CHAPTER 34: SETTLEMENT
CHAPTER 35: OTHER ACTIONS RESULTING IN DISPOSITION OF CASE WITHOUT TRIAL
CHAPTER 36: DECLARATORY JUDGMENT
CHAPTER 37: INTERPLEADER
CHAPTER 38: EXTRAORDINARY WRITS
CHAPTER 39: ALTERNATIVE DISPUTE RESOLUTION AND ARBITRATION
CHAPTER 40: TRIALS AND FINAL HEARINGS GENERALLY
CHAPTER 41: CONSOLIDATION OR SEPARATION OF CASES OR PROCEEDINGS FOR TRIAL
CHAPTER 42: RIGHT TO JURY TRIAL
CHAPTER 43: COMMENCEMENT OF TRIAL OR FINAL HEARING
CHAPTER 44: SUMMONING AND SELECTION OF JURORS
CHAPTER 45: CONDUCT OF THE TRIAL GENERALLY
CHAPTER 46: PRESENTATION OF CASE BY PARTIES
CHAPTER 47: PREVERDICT DISPOSITIVE MOTIONS
CHAPTER 48: SUBMISSION OF CASE TO COURT AND JURY FOR DECISION
CHAPTER 49: CONDUCT OF DELIBERATIONS BY JURY AND RETURN OF VERDICT
CHAPTER 50: COSTS
CHAPTER 51: INTEREST
CHAPTER 52: ATTORNEYS FEES
CHAPTER 53: POSTVERDICT RELIEF GENERALLY
CHAPTER 54: MOTION TO SET ASIDE VERDICT, MOTION FOR JUDGMENT NOTWITHSTANDING VERDICT, AND MOTION TO INCREASE OR REDUCE DAMAGES
CHAPTER 55: MOTION FOR NEW TRIAL
CHAPTER 56: OTHER FORMS OF RELIEF
CHAPTER 57: JUDGMENTS
CHAPTER 58: EXECUTIONS
CHAPTER 59: APPELLATE REVIEW GENERALLY
CHAPTER 60: APPELLATE REVIEW IN SUPREME COURT
CHAPTER 61: EQUITY PROCEEDINGS
CHAPTER 62: ADMINISTRATIVE AGENCY PROCEEDINGS