The Appellate Process in New Hampshire
Published 04/05/07

Readers of these articles will have noticed that many of them deal with recent New Hampshire Supreme Court decisions. The purpose of this article is to explain, briefly, the role of the state Supreme Court in New Hampshire 's legal system and what an appeal to that court entails.

There are two court systems in New Hampshire, namely the state courts and the federal courts. This article will address the state court system. The NH Supreme Court is the highest court in the state system and oversees all other courts. The other courts are known as the trial courts. These include the district court, probate court, superior court, and in some counties, the family division. As the names suggest, the trial courts are responsible for resolving the initial dispute between the parties. The trial court hears the testimony from the witnesses and reviews the documents or other evidence the parties introduce. When the case before the trial court is concluded, the judge or jury will reach a decision.

Under New Hampshire law, if a party believes it has been aggrieved with the decision it receives from the trial court, it has the right to appeal the decision to the New Hampshire Supreme Court. The aggrieved party must file the appeal within a specific time or the Supreme Court will dismiss the case.

While the Supreme Court is also a trial court in limited circumstances, most of its function is as an appellate court. When the Supreme Court is acting as an appellate court, it does not hear witnesses and does not receive new evidence. Instead, the Supreme Court may review a transcript of the trial court proceedings which is the written record of the parties and witness testimony, copies of the exhibits introduced before the trial court and the written pleadings submitted to the trial court.

In an appeal, each side is allowed to file written arguments known as briefs advocating the court to adopt their respective positions. The Supreme Court may, but is not required to, ask the parties to appear for oral argument. Oral argument lasts no more than fifteen minutes and is an interchange between the Supreme Court justices and the party or their attorney debating the merits of their legal positions.

Andrew J. Piela is an associate attorney at Hamblett & Kerrigan, P.A. His legal practice includes civil litigation, family law, land use litigation and probate. You can reach Attorney Piela by e-mail at: apiela@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.