STATE OF NEW HAMPSHIRE

[SUPERIOR / CIRCUIT — CIVIL] COURT

[__] COUNTY

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

Docket No.: [_]

ANSWER AND GENERAL DENIAL

(of Defendant [DEFENDANT NAME])

Effective Date: [DATE]
Jurisdiction: State of New Hampshire

[// GUIDANCE: Verify the court (Superior or Circuit-Civil) and county before filing. Confirm the docket number supplied by the clerk.]

1. PRELIMINARY STATEMENT

1.1 Defendant appears through undersigned counsel and, pursuant to New Hampshire Superior Court Civil Rule 12(a) files this Answer within thirty (30) days after service of the Complaint.
1.2 Except as expressly admitted herein, Defendant denies each and every allegation, matter, and thing contained in the Complaint and demands strict proof thereof.
1.3 Numbered paragraphs below correspond to the identically numbered paragraphs of the Complaint. A blank or omitted paragraph number indicates that the corresponding allegation was wholly denied.

[// GUIDANCE: Delete unused response lines; add additional lines if the Complaint contains more numbered paragraphs.]

2. RESPONSES TO COMPLAINT ALLEGATIONS

2.n+1 To the extent any allegation in the Complaint is not specifically admitted herein, it is hereby denied.

3. AFFIRMATIVE DEFENSES

Without assuming any burden of proof beyond that imposed by applicable law, and preserving all rights to amend, Defendant asserts the following defenses:

1. Failure to state a claim upon which relief can be granted.
2. Lack of subject-matter jurisdiction.
3. Lack of personal jurisdiction.
4. Improper venue.
5. Insufficiency of process.
6. Insufficiency of service of process.
7. Statute of limitations and/or repose.
8. Accord and satisfaction.
9. Payment and discharge.
10. Waiver.
11. Estoppel.
12. Laches.
13. Unclean hands.
14. Failure to mitigate damages.
15. Comparative/contributory negligence.
16. Set-off and recoupment.
17. Reservation: Defendant reserves the right to assert additional defenses as discovery progresses.

[// GUIDANCE: Strike any inapplicable defenses; add others unique to the facts or required under RSA or federal preemption doctrines.]

4. COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY CLAIMS

Pursuant to New Hampshire Superior Court Civil Rule 13:

4.1 [MANDATORY COUNTERCLAIM]: Defendant asserts the following claim(s) arising out of the same transaction or occurrence:
 a. Count I – [BREACH OF CONTRACT / NEGLIGENCE / etc.]
  • Parties: [_]
  • Elements: [_]
  • Damages: $[__]

4.2 [PERMISSIVE COUNTERCLAIM]: Defendant asserts the following independent claim(s):
 a. Count II – [__]

4.3 [CROSS-CLAIM / THIRD-PARTY CLAIM]: If applicable, Defendant asserts claims against [CO-DEFENDANT / THIRD-PARTY DEFENDANT].

[// GUIDANCE: If no claims are asserted, replace this section with: “Defendant asserts no counterclaims at this time but expressly reserves the right to do so pursuant to Rule 13.”]

5. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
a. Dismiss the Complaint with prejudice;
b. Enter judgment in favor of Defendant on all claims;
c. Award Defendant costs and reasonable attorneys’ fees as permitted by law;
d. Grant such other and further relief as justice requires.

6. RESERVATION OF RIGHTS

Nothing herein shall be construed as a waiver of any right, defense, set-off, counterclaim, or claim for indemnity or insurance coverage that Defendant now has or may acquire.

7. DEMAND FOR ORAL ARGUMENT

Defendant requests oral argument on any dispositive motion filed herein.

[// GUIDANCE: Delete if not desired.]

8. JURY DEMAND (IF APPLICABLE)

Pursuant to N.H. Const. pt. I, art. 20 and Superior Court Rule 8(a), Defendant demands a trial by jury on all issues so triable.

[// GUIDANCE: Omit if the matter is in a non-jury docket or if a jury waiver applies.]

9. CERTIFICATION OF SERVICE

I hereby certify that a copy of the foregoing Answer and General Denial was this day forwarded by [ELECTRONIC FILING / FIRST-CLASS MAIL / HAND DELIVERY] to all counsel of record.

Date: ________ Respectfully submitted,

10. SIGNATURE BLOCK

[DEFENDANT NAME]
By its attorney,

[ATTORNEY NAME] (NH Bar #_)
[LAW FIRM NAME]
[Street Address]
[City, State ZIP]
Tel: [--]
Email: [______]

[// GUIDANCE: Confirm that the signer is admitted in New Hampshire or admitted pro hac vice with local counsel.]

NOTES & GUIDANCE FOR PRACTITIONERS

1. Answer Deadline: As of this template’s publication, an Answer must be filed within 30 days after service (N.H. Super. Ct. Civ. R. 12(a)). Verify the current rule and any extensions granted by the Court.
2. Affirmative Defenses: New Hampshire follows a notice-pleading standard; however, affirmative defenses should be pled with enough specificity to avoid waiver.
3. Counterclaims: Rule 13(a) requires compulsory counterclaims arising from the same transaction/occurrence; failure to plead may bar later action.
4. Amendments: Amend as of right within 30 days after service of this Answer (Rule 15(a)) or by leave of court.
5. Verification: A civil Answer generally need not be verified unless a statute so requires (e.g., libel). Check RSA-specific causes of action.
6. E-Filing: All Superior Courts now require e-filing for civil matters. Register through the NH Judicial Branch E-court system and upload a PDF conforming to formatting rules (one-inch margins, 12-pt font, etc.).
7. Local Rule Check: Some counties maintain supplemental local rules. Confirm no additional formatting or scheduling orders apply.

[// GUIDANCE: Delete these practitioner notes prior to filing if the Court disfavors commentary in pleadings.]