State Court Stipulation and [Proposed] Order (General Civil)

STIPULATION AND [PROPOSED] ORDER

New Hampshire Superior Court — General Civil Matters

TEMPLATE INSTRUCTIONS

1. Replace all [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] and bracketed placeholder values with actual case information.
2. Review all Practice Notes and customize to your specific county Superior Court.
3. Remove all practice notes and instructional text before filing.
4. File electronically through the New Hampshire Superior Court e-Filing system.
5. Have this document reviewed by qualified New Hampshire-licensed counsel before filing.

PART I — CAPTION AND ATTORNEY INFORMATION

THE STATE OF NEW HAMPSHIRE
SUPERIOR COURT

[________________________________] COUNTY

Filing Attorney Information

PART II — STIPULATION

A. Recitals

The undersigned parties, through their respective counsel of record, hereby stipulate and agree as follows:

1. Parties and Representation. Plaintiff [________________________________] ("Plaintiff") is represented by [________________________________] of [________________________________], New Hampshire Bar ID [________________________________]. Defendant [________________________________] ("Defendant") is represented by [________________________________] of [________________________________], New Hampshire Bar ID [________________________________].

2. Procedural History. This action was commenced by the filing of the Writ of Summons and Complaint on [__/__/____]. Defendant filed an Answer on [__/__/____]. The parties conducted a structuring conference and the Court entered a Structuring Order on [__/__/____], establishing the following deadlines:

• Discovery propounding deadline: [__/__/____]
• Deposition completion deadline: [__/__/____]
• Expert disclosure deadline (N.H. Super. Ct. Civ. R. 27): [__/__/____]
• Discovery completion deadline: [__/__/____]
• Dispositive motion deadline (minimum 90 days before trial): [__/__/____]
• Other pretrial motions deadline (14 days before trial): [__/__/____]
• Mediation / ADR completion: [__/__/____]
• Trial date: [__/__/____]

3. Current Status. [________________________________]
   (Describe the current posture of the case, including discovery conducted, depositions completed, motions filed or pending, ADR status, and any other relevant procedural developments.)

4. Basis for Stipulation. The parties have conferred in good faith and agree that the following modifications are warranted because: [________________________________]
   (State specific reasons, such as complexity of issues, need for additional discovery, ongoing settlement discussions, scheduling conflicts, or newly identified witnesses or evidence.)

PRACTICE NOTE: Under N.H. Super. Ct. Civ. R. 3, within 20 days of the answer date, counsel must confer to attempt to reach agreement on scheduling matters including discovery deadlines. Modifications to the structuring order require a showing of good cause. If the requested modification impacts ADR or mediation deadlines, note the revised dates.

B. Stipulated Terms

NOW, THEREFORE, the parties stipulate and agree as follows:

Term 1. [________________________________]
(Example: "The deadline for propounding interrogatories and document requests is extended from [__/__/____] to [__/__/____].")

Term 2. [________________________________]
(Example: "The deadline for completion of all depositions under N.H. Super. Ct. Civ. R. 14 is extended from [__/__/____] to [__/__/____].")

Term 3. [________________________________]
(Example: "Expert disclosures pursuant to N.H. Super. Ct. Civ. R. 27 shall be exchanged by [__/__/____], which is an extension from the current deadline of [__/__/____].")

Term 4. [________________________________]
(Example: "The deadline for completion of all discovery is extended from [__/__/____] to [__/__/____].")

Term 5. [________________________________]
(Example: "The dispositive motion deadline is extended from [__/__/____] to [__/__/____], which remains not less than 90 days prior to the trial date.")

Term 6. [________________________________]
(Example: "The mediation / ADR completion deadline is extended from [__/__/____] to [__/__/____].")

Term 7. [________________________________]
(Additional terms as needed.)

C. Authority and Good Cause

This Stipulation is entered into pursuant to the following authority:

• N.H. Super. Ct. Civ. R. 21 (Stipulations): The parties may enter into stipulations on matters within their control, subject to approval by the Court where the stipulation modifies a court order.

• N.H. Super. Ct. Civ. R. 12 (Continuances and Extensions): Requests for continuances or extensions of time must be supported by a showing of good cause. Stipulations between the parties for extensions do not relieve the parties of the obligation to obtain court approval.

• N.H. Super. Ct. Civ. R. 3 (Structuring Conference and Order): The structuring order governs the case timeline. Modifications require good cause and court approval. Within 20 days of the answer date, counsel must confer to discuss claims, defenses, counterclaims, and attempt to reach agreement on scheduling matters.

• N.H. Super. Ct. Civ. R. 13 (Discovery): Discovery is governed by the Superior Court Civil Rules. The parties may agree to reasonable modifications of discovery procedures, but extensions of court-ordered discovery deadlines require court approval.

Good cause exists because: [________________________________]
(Provide specific factual support demonstrating good cause for the requested relief.)

D. Reservation of Rights

Except as expressly modified by this Stipulation:

1. All other deadlines and provisions of the Court's Structuring Order dated [__/__/____] remain in full force and effect.
2. All rights, claims, defenses, objections, and privileges of each party are expressly reserved.
3. Nothing in this Stipulation shall be construed as an admission of any fact, liability, or legal theory by any party.
4. This Stipulation shall not constitute a waiver of any party's right to seek additional or different relief from the Court.

E. Certifications

The parties represent and certify the following:

☐ This Stipulation is made in good faith and not for the purpose of unnecessary delay.

☐ The parties have conferred regarding the terms of this Stipulation as contemplated by N.H. Super. Ct. Civ. R. 3.

☐ Each attorney signing this Stipulation is authorized to bind his or her respective client to the terms herein.

☐ The proposed modifications will not materially prejudice any party or interfere with the Court's scheduling needs.

☐ If the stipulation impacts ADR or mediation deadlines, revised dates have been included above.

☐ The dispositive motion deadline, if modified, remains not less than 90 days prior to the trial date as required by N.H. Super. Ct. Civ. R. 3.

☐ Other pretrial motion deadlines, if modified, remain not later than 14 days prior to the trial date.

F. Request for Entry of Order

The parties respectfully request that this Court approve the foregoing Stipulation, adopt its terms, and enter the accompanying [Proposed] Order.

PART III — SIGNATURES OF COUNSEL AND PARTIES

DATED: [__/__/____]

For Plaintiff:

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
New Hampshire Bar ID [________________________________]
[________________________________] (Address)
[________________________________], New Hampshire [____]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Plaintiff [________________________________]

For Defendant:

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
New Hampshire Bar ID [________________________________]
[________________________________] (Address)
[________________________________], New Hampshire [____]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Defendant [________________________________]

Additional Party (if applicable):

[________________________________] (Firm Name)

By: [________________________________]
[________________________________] (Print Name)
New Hampshire Bar ID [________________________________]
Counsel for [________________________________]

Self-Represented Party Signature (if applicable):

By: [________________________________]
[________________________________] (Print Name)
[________________________________] (Address)
[________________________________], New Hampshire [____]
Telephone: [________________________________]
Email: [________________________________]
Self-Represented ☐ Plaintiff / ☐ Defendant

PRACTICE NOTE: Electronic signatures ("/s/ Name") are accepted for documents filed through the New Hampshire Superior Court e-Filing system. All signatures must comply with applicable New Hampshire Supreme Court rules on electronic filing.

PART IV — [PROPOSED] ORDER

THE STATE OF NEW HAMPSHIRE
SUPERIOR COURT

[________________________________] COUNTY

The Court, having reviewed the parties' Stipulation filed on [__/__/____], and having considered the representations of counsel, and finding good cause shown:

IT IS HEREBY ORDERED as follows:

1. The parties' Stipulation dated [__/__/____] is APPROVED and incorporated herein by reference.

2. [________________________________]
   (Mirror the specific stipulated terms as ordered relief.)

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. All other provisions of the Court's Structuring Order dated [__/__/____], and all prior orders not expressly modified herein, remain in full force and effect.

7. The Clerk shall serve copies of this Order on all parties of record.

SO ORDERED.

DATED: [__/__/____]

[________________________________]
Presiding Justice
[________________________________] County Superior Court

PART V — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a copy of the foregoing Stipulation and [Proposed] Order was served upon the following by the methods indicated:

Via New Hampshire Superior Court E-Filing System:

☐ [________________________________] (Attorney Name)
NH Bar ID [________________________________]
Counsel for [________________________________] (Party Name)
Email: [________________________________]

☐ [________________________________] (Attorney Name)
NH Bar ID [________________________________]
Counsel for [________________________________] (Party Name)
Email: [________________________________]

Via Alternative Service (for parties not registered with e-Filing) per N.H. Super. Ct. Civ. R. 5:

☐ [________________________________] (Name)
[________________________________] (Address)
Method: ☐ U.S. First-Class Mail ☐ Hand Delivery ☐ Email to [________________________________]

☐ [________________________________] (Name)
[________________________________] (Address)
Method: ☐ U.S. First-Class Mail ☐ Hand Delivery ☐ Email to [________________________________]

By: [________________________________]
[________________________________] (Print Name)
New Hampshire Bar ID [________________________________]

PART VI — NEW HAMPSHIRE PRACTICE NOTES

A. Court Structure

New Hampshire has a unified court system:

• Superior Court — The court of general jurisdiction for civil cases. There are 10 Superior Courts, one in each county:
• Belknap County (Laconia)
• Carroll County (Ossipee)
• Cheshire County (Keene)
• Coos County (Lancaster)
• Grafton County (North Haverhill)
• Hillsborough County — North (Manchester) and South (Nashua)
• Merrimack County (Concord)
• Rockingham County (Brentwood)
• Strafford County (Dover)

• Sullivan County (Newport)

• Circuit Court — Handles district division matters (small claims, landlord-tenant), family division, and probate division.

• Supreme Court — The single appellate court in New Hampshire.

B. The Structuring Conference and Order

The structuring conference and order are central to New Hampshire Superior Court civil practice:

• Under N.H. Super. Ct. Civ. R. 3, within 20 days of the answer date, counsel (or parties if unrepresented) must confer to discuss:
• Claims, defenses, and counterclaims
• Deadlines for propounding interrogatories
• Deadlines for completion of all depositions
• Deadlines for completion of all discovery
• Deadlines for filing dispositive motions (not less than 90 days before trial)
• Deadlines for filing other pretrial motions (not later than 14 days before trial)
• ADR/mediation dates

• Anticipated trial length

• The parties must submit a proposed structuring order to the Court within the time specified.

• Modifications to the structuring order require good cause and court approval.

C. Discovery Rules

New Hampshire Superior Court discovery is governed by N.H. Super. Ct. Civ. R. 13-20:

• Rule 13 (Discovery Generally): Sets out the scope and limits of discovery.
• Rule 14 (Depositions): Governs the conduct of depositions.
• Rule 15 (Interrogatories): Limits interrogatories to 25 per party (including subparts) unless the court orders otherwise.
• Rule 16 (Requests for Production): Governs document requests.
• Rule 17 (Requests for Admission): Governs requests for admission.
• Rule 27 (Expert Witnesses): Requires disclosure of expert witnesses including the subject matter and substance of anticipated testimony.

D. ADR and Mediation Requirements

New Hampshire Superior Courts actively promote alternative dispute resolution:

• Most civil cases are referred to mediation or other ADR processes.
• The structuring order typically includes an ADR completion deadline.
• If the stipulation modifies ADR deadlines, the proposed order should reflect the new dates.
• The Court may require the parties to participate in a judicial settlement conference.

E. Electronic Filing

• The New Hampshire Superior Court operates an e-Filing system for electronic submission of documents.
• Attorneys are generally required to file electronically.
• When filing a stipulation:
• Select the appropriate document type
• Upload the proposed order as a separate attachment if required by the court
• Electronic service is provided to all registered counsel
• Self-represented litigants may be exempt from mandatory e-filing

F. Service Requirements

Under N.H. Super. Ct. Civ. R. 5, service of filings after the original process may be made by:

1. Electronic service through the e-Filing system
2. Delivering a copy to the attorney or party
3. Mailing a copy to the attorney's or party's last known address
4. Any other method approved by the Court

G. Unique New Hampshire Terminology

• New Hampshire uses "Presiding Justice" rather than "Judge" for Superior Court judicial officers.
• The initial scheduling order is called a "Structuring Order" (not a "Scheduling Order" or "Case Management Order").
• Civil actions are commenced by "Writ of Summons" accompanied by a Complaint.
• Cases are identified by "Docket Number" rather than "Case Number."

SOURCES AND REFERENCES

• Rules of the Superior Court of the State of New Hampshire (Civil Rules): https://www.courts.nh.gov/rules-superior-court-state-new-hampshire/civil-rules
• N.H. Super. Ct. Civ. R. 1 — Applicability of rules
• N.H. Super. Ct. Civ. R. 3 — Structuring conference and order
• N.H. Super. Ct. Civ. R. 5 — Service of pleadings and papers
• N.H. Super. Ct. Civ. R. 12 — Continuances and extensions
• N.H. Super. Ct. Civ. R. 13 — Discovery
• N.H. Super. Ct. Civ. R. 14 — Depositions
• N.H. Super. Ct. Civ. R. 15 — Interrogatories
• N.H. Super. Ct. Civ. R. 21 — Stipulations
• N.H. Super. Ct. Civ. R. 27 — Expert witnesses
• RSA 491:7 — Superior Court jurisdiction
• New Hampshire Judicial Branch: https://www.courts.nh.gov
• New Hampshire Superior Court e-Filing: https://www.courts.nh.gov/our-courts/superior-court/civil