Motion to Dismiss - New Hampshire

STATE OF NEW HAMPSHIRE

[____________________] COUNTY — SUPERIOR COURT

DEFENDANT'S MOTION TO DISMISS

[DEFENDANT'S FULL NAME] ("Defendant"), by and through undersigned counsel, respectfully moves this Court pursuant to New Hampshire Superior Court Civil Rule 12 to dismiss the Complaint filed by [PLAINTIFF'S FULL NAME] ("Plaintiff"), with prejudice, on one or more of the grounds set forth below. In support, Defendant states:

I. INTRODUCTION

Plaintiff filed this action on [__/__/____], alleging [________________________________]. The Complaint should be dismissed because [briefly summarize primary grounds — e.g., "it fails to state any claim upon which relief can be granted, this Court lacks personal jurisdiction over Defendant, and/or the action is barred by the applicable statute of limitations"].

This Motion is timely filed within 30 days of Defendant's receipt of the Summons and Complaint. See N.H. Super. Ct. Civ. R. 9(b).

II. STATEMENT OF FACTS

1. Plaintiff is [________________________________], a resident/entity of [____________________].

2. Defendant is [________________________________], a resident/entity of [____________________].

3. Plaintiff served Defendant with the Summons and Complaint on [__/__/____].

4. Plaintiff's Complaint alleges [________________________________].

5. Plaintiff further alleges [________________________________].

6. [Continue with additional factual paragraphs as necessary, referencing Complaint paragraphs by number.]

7. As demonstrated below, the Complaint is legally deficient and must be dismissed.

III. GROUNDS FOR DISMISSAL

Defendant moves to dismiss the Complaint on the following grounds (check all that apply):

☐ Ground 1 — Failure to State a Claim Upon Which Relief Can Be Granted
The Complaint fails to allege facts sufficient to state a cognizable claim for relief. Even accepting all factual allegations as true and drawing all reasonable inferences in Plaintiff's favor, the Complaint does not state a plausible claim for [________________________________].

☐ Ground 2 — Lack of Subject Matter Jurisdiction
This Court lacks subject matter jurisdiction over the claims alleged in the Complaint because [________________________________].

☐ Ground 3 — Lack of Personal Jurisdiction
This Court lacks personal jurisdiction over Defendant because Defendant does not have sufficient minimum contacts with New Hampshire to support personal jurisdiction consistent with the requirements of the Due Process Clause. See RSA 510:4.

☐ Ground 4 — Insufficient Process
The process served upon Defendant was legally insufficient because [________________________________], in violation of RSA 510:2 et seq.

☐ Ground 5 — Insufficient Service of Process
Service of process upon Defendant was legally insufficient because [________________________________], in violation of the New Hampshire Rules of Civil Procedure governing service.

☐ Ground 6 — Statute of Limitations
The claims asserted in the Complaint are time-barred under RSA [____________________] because the cause of action accrued on [__/__/____], and Plaintiff did not file this action until [__/__/____], which is outside the applicable [____]-year limitations period.

☐ Ground 7 — Res Judicata / Claim Preclusion
The claims asserted in this action are barred by the doctrine of res judicata (claim preclusion) because [________________________________]. The prior action was finally adjudicated in [____________________] Court, Case No. [____________________], by [________________________________].

☐ Ground 8 — Collateral Estoppel / Issue Preclusion
The issues raised in the Complaint are barred by the doctrine of collateral estoppel (issue preclusion) because the same issues were actually litigated and necessarily decided in [________________________________].

☐ Ground 9 — Improper Venue
Venue is improper in [____________________] County because [________________________________]. The proper venue is [____________________] County.

☐ Ground 10 — Failure to Join a Necessary Party
The Complaint fails to join a necessary party, specifically [________________________________], without whom complete relief cannot be granted and/or whose interests may be prejudiced.

IV. MEMORANDUM OF LAW

A. Standard of Review — New Hampshire Motion to Dismiss

New Hampshire applies a liberal notice pleading standard. On a motion to dismiss, the Court must accept all well-pleaded factual allegations as true and construe all reasonable inferences in the light most favorable to the plaintiff. See Beane v. Dana S. Beane & Co., 160 N.H. 708, 711 (2010); Hobin v. Coldwell Banker Residential Affiliates, Inc., 144 N.H. 626, 628 (2000). However, dismissal is appropriate when the allegations, even taken as true, fail to state a claim upon which relief can be granted.

The plaintiff bears the burden of establishing that the facts alleged would, if proved, constitute a valid cause of action. A complaint that offers only conclusory statements, legal buzzwords, or speculative allegations — without supporting factual content — does not satisfy even New Hampshire's notice pleading standard, because the trial court "need not accept allegations in the [complaint] that are merely conclusions of law." Konefal v. Hollis/Brookline Coop. School Dist., 143 N.H. 256, 258 (1998).

New Hampshire courts do not apply the federal Twombly/Iqbal plausibility standard. Instead, the standard of review is "whether the plaintiff's allegations are reasonably susceptible of a construction that would permit recovery." Hobin, 144 N.H. at 628. Nonetheless, the court need not accept allegations that are merely conclusions of law. See Beane, 160 N.H. at 711.

B. Failure to State a Claim

(Include if Ground 1 is checked)

1. Count [____] — [Name of Claim]

To state a claim for [________________________________] under New Hampshire law, a plaintiff must allege [________________________________]. See [New Hampshire case citation].

The Complaint fails to allege [________________________________]. Specifically:

a. Paragraph [____] of the Complaint alleges [________________________________], but this allegation is [conclusory / insufficient / contradicted by the documents].

b. The Complaint does not allege [________________________________], which is a required element.

c. Even accepting all allegations as true, the claim fails because [________________________________].

2. Count [____] — [Name of Additional Claim]

[Repeat analysis for each additional count in the Complaint.]

C. Lack of Subject Matter Jurisdiction

(Include if Ground 2 is checked)

The New Hampshire Superior Court has general jurisdiction over civil matters under RSA 491:7, but lacks subject matter jurisdiction when [________________________________]. Subject matter jurisdiction is a threshold requirement that cannot be waived by the parties and may be raised by any party, or by the court on its own motion, at any stage of the proceeding.

In this case, this Court lacks subject matter jurisdiction because [________________________________]. Accordingly, the Complaint must be dismissed.

D. Lack of Personal Jurisdiction

(Include if Ground 3 is checked)

New Hampshire's long-arm statute, RSA 510:4, extends personal jurisdiction over non-resident defendants to the fullest extent permitted by the Due Process Clause of the Fourteenth Amendment. For personal jurisdiction to exist, Defendant must have:

1. Minimum contacts with New Hampshire such that the suit does not offend traditional notions of fair play and substantial justice (International Shoe Co. v. Washington, 326 U.S. 310 (1945)); and

2. Either: (a) Specific jurisdiction — the claims arise out of or relate to Defendant's contacts with New Hampshire; or (b) General jurisdiction — Defendant's contacts are so continuous and systematic as to render it essentially at home in New Hampshire.

Defendant lacks the requisite contacts with New Hampshire because [________________________________]. Defendant is not incorporated in, does not maintain a principal place of business in, and does not have continuous and systematic contacts with New Hampshire. The claims in this lawsuit also do not arise from any activity by Defendant in New Hampshire. Accordingly, exercising personal jurisdiction over Defendant would violate the Due Process Clause, and the Complaint must be dismissed.

E. Statute of Limitations

(Include if Ground 6 is checked)

The applicable statute of limitations for [________________________________] claims in New Hampshire is [____] years under RSA [____________________]. A claim accrues when [________________________________]. See [New Hampshire case citation].

In this case, Plaintiff's claim accrued on [__/__/____] when [________________________________]. Plaintiff did not file this action until [__/__/____] — [____] years and [____] months after the claim accrued. The claim is therefore time-barred, and the Complaint must be dismissed with prejudice.

F. Res Judicata / Claim Preclusion

(Include if Ground 7 is checked)

The doctrine of res judicata bars re-litigation of claims that were, or could have been, raised in prior litigation between the same parties. Under New Hampshire law, res judicata applies when:

1. The parties are the same or in privity;
2. The same cause of action was involved; and
3. There was a final judgment on the merits.

See Brzica v. Trustees of Dartmouth College, 147 N.H. 443, 449 (2002).

In this case, all three elements are satisfied because [________________________________]. The prior action was adjudicated by [________________________________] on [__/__/____], resulting in a final judgment [________________________________]. Plaintiff is barred from relitigating these claims, and the Complaint must be dismissed.

G. Improper Venue

(Include if Ground 9 is checked)

Venue in New Hampshire civil actions is governed by RSA 507:9 et seq. Transitory civil actions shall be commenced in the county where any plaintiff or defendant resides. See RSA 507:9.

In this case, venue is improper in [____________________] County because [________________________________]. Neither party resides in [____________________] County, and the cause of action did not arise there. The proper venue is [____________________] County, and this action should be dismissed or transferred.

V. NEW HAMPSHIRE PROCEDURAL REQUIREMENTS

Timing and Deadlines

• Motion Filing Deadline: A motion to dismiss must be filed within 30 days after service of the Summons and Complaint (in lieu of an Answer). N.H. Super. Ct. Civ. R. 9(b).

• Objection Deadline: The non-moving party has 10 days from the filing of the motion to file an objection, unless extended by court order. See N.H. Super. Ct. Civ. R. 13.

• Answer After Denial: If the motion to dismiss is denied, Defendant must file an Answer within 30 days of the clerk's final written notice of the trial court's decision. N.H. Super. Ct. Civ. R. 9(b).

• Appeal of Denial (Jurisdictional/Process Challenges Only): If a motion to dismiss challenging personal jurisdiction, sufficiency of process, and/or sufficiency of service of process is denied, and Defendant wishes to preserve that challenge, Defendant must seek review by the New Hampshire Supreme Court within 30 days of the clerk's final written notice of the denial. If no such appeal is taken, the challenge is deemed waived. N.H. Super. Ct. Civ. R. 9(e).

Hearing

Upon request of a party, hearings on motions to dismiss shall be scheduled as soon as practicable, but no later than 30 days prior to the trial date, unless the Court orders otherwise. All parties must be prepared to present all necessary arguments at such hearing. N.H. Super. Ct. Civ. R. 12.

Electronic Filing — NH eCourt (Odyssey File & Serve)

This Motion is filed electronically through the New Hampshire eCourt system (Odyssey File & Serve, powered by Tyler Technologies). Electronic filing is mandatory for attorneys and represented parties in civil cases commenced on or after the applicable effective date, subject to the exemptions set forth in the rules; self-represented parties may be excused from mandatory e-filing. Counsel must register in the NH eCourt e-filing system before filing. All filings must comply with the technical requirements established by the Supplemental Rules of the Superior Court of New Hampshire for Electronic Filing (cited as "Super. Ct. Supp. R. __").

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Grant Defendant's Motion to Dismiss and dismiss Plaintiff's Complaint in its entirety, with prejudice;

2. Alternatively, dismiss the specific claims identified above;

3. Award Defendant its costs and reasonable attorneys' fees to the extent allowed by law;

4. Decline to schedule a hearing and decide this Motion on the submitted memoranda; or, if the Court schedules a hearing, allow Defendant to present oral argument; and

5. Grant such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]
    [Attorney's Full Name]
    New Hampshire Bar No. [____________________]
    [Firm Address Line 1]
    [City], New Hampshire [____]
    Telephone: ([____]) [____]-[________]
    Facsimile: ([____]) [____]-[________]
    Email: [________________________________]

Attorney for Defendant [____________________]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Defendant's Motion to Dismiss to be served upon counsel of record as follows:

Plaintiff's Counsel:
[Attorney's Full Name]
[Firm Name]
[Address]
[City], New Hampshire [____]
Email: [________________________________]

Method of Service:

☐ Via NH eCourt electronic filing system (electronic service upon registered users)
☐ Via United States Mail, First-Class, postage prepaid
☐ Via Email (with prior written consent)
☐ Via Hand Delivery / Personal Service

[________________________________]
[Attorney's Name]

EXHIBIT LIST

NEW HAMPSHIRE-SPECIFIC NOTES FOR COUNSEL

Key Procedural Distinctions — NH Superior Court

1. No Rule 12(b) Numbering: New Hampshire's Superior Court Civil Rules use a different structure than the Federal Rules. The motion to dismiss is governed by N.H. Super. Ct. Civ. R. 12, not a numbered subsection like federal Rule 12(b). Counsel should cite "N.H. Super. Ct. Civ. R. 12" and the applicable RSA statutes.

2. Notice Pleading: New Hampshire is a notice pleading state. Courts accept all well-pleaded facts as true but do not require Twombly/Iqbal plausibility. The standard is whether the complaint states any possibility of recovery.

3. 10-Day Objection Period: Under N.H. Super. Ct. Civ. R. 13, the non-moving party has only 10 days to file an objection (vs. 14 or 21 days in many other states). This is significantly shorter than most jurisdictions — calendar this deadline carefully.

4. Post-Denial Answer: After denial of a motion to dismiss, the answer is due within 30 days of the clerk's notice of the ruling — not from the ruling date itself. Confirm the date of the clerk's written notice. N.H. Super. Ct. Civ. R. 9(b).

5. Jurisdictional/Process Challenge Appeal: If a motion challenging personal jurisdiction, sufficiency of process, and/or sufficiency of service of process is denied, Defendant must seek supreme court review within 30 days of the clerk's final written notice or the challenge is deemed waived. N.H. Super. Ct. Civ. R. 9(e). This waiver rule does not apply to subject matter jurisdiction, which is non-waivable and may be raised at any time.

6. NH eCourt System: New Hampshire has implemented the Odyssey File & Serve eCourt system. Filings must generally be submitted electronically by registered users, subject to the exemptions in the Supplemental Rules of the Superior Court of New Hampshire for Electronic Filing. Non-electronic (conventional) filings may be permitted only for excused or exempt parties, or with court approval.

7. District Court vs. Superior Court: For claims under $25,000, the action may be in the New Hampshire Circuit Court — District Division. The procedural rules differ. This template is designed for the Superior Court.

8. No Demurrer: New Hampshire abolished the common-law demurrer in favor of the modern motion to dismiss. Do not characterize the motion as a "demurrer."

SOURCES AND REFERENCES

• N.H. Superior Court Civil Rules: https://www.courts.nh.gov/rules-superior-court-state-new-hampshire/civil-rules
• N.H. Super. Ct. Civ. R. 9 — Answers; Defenses; Forms of Denials: https://www.courts.nh.gov/rules-superior-court-state-new-hampshire/civil-rules/rule-9-answers-defenses-forms-denials
• N.H. Super. Ct. Civ. R. 12 — Motions Specific: https://www.courts.nh.gov/rules-superior-court-state-new-hampshire/civil-rules/rule-12-motions-specific
• N.H. Super. Ct. Civ. R. 13 — Objections: https://www.courts.nh.gov/rules-superior-court-state-new-hampshire/civil-rules/rule-13-objections
• Supplemental Rules of the Superior Court of New Hampshire for Electronic Filing: https://www.courts.nh.gov/supplemental-rules-superior-court-new-hampshire-electronic-filing
• RSA 491:7 (Superior Court Jurisdiction) / RSA 491:8-a (Summary Judgment) / RSA 510:4 (Nonresident Defendant — long-arm) / RSA 507:9 (Venue — Transitory): https://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LI.htm and https://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LII.htm
• RSA Title LI (Courts) / Title LII (Actions, Process, and Service of Process): https://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LI.htm