Wiebusch on New Hampshire Civil Practice and Procedure

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4th Edition
ISBN: 9781630437725
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4th Edition
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4th Edition
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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