The New Hampshire Superior Court is the statewide court of general
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Jur ...
which provides
jury trials
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
Jury trials are used in a significant ...
in
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
and
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
cases. There are 11 locations of the Superior Court, one for each
county
A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
and two in
Hillsborough County.
Jurisdiction
The Superior Court has jurisdiction in the following matters:
*
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a ...
,
contracts
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
,
real property
In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
rights and other civil matters with a minimum claim of $1,500 in damages in which either party requests a
trial by jury
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions.
Jury trials are used in a significant ...
. The Superior Court has
exclusive jurisdiction
Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court ...
over cases in which the damage claims exceed $25,000.
*
Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
,
child custody
Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the righ ...
and support and domestic violence. The Superior Court and the
District Court share jurisdiction over
domestic violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
cases.
* Felonies (major crimes such as
drugs
A drug is any chemical substance that causes a change in an organism's physiology or psychology when consumed. Drugs are typically distinguished from food and substances that provide nutritional support. Consumption of drugs can be via inhalat ...
,
burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...
,
theft
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...
and aggravated felonious
sexual assault
Sexual assault is an act in which one intentionally sexually touches another person without that person's consent, or coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence, which ...
).
*
Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
appeals from the District Court.
* The Superior Court also has exclusive jurisdiction over petitions for
injunctive relief
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
, in which parties seek a court order to block action, such as appeals from
zoning
Zoning is a method of urban planning in which a municipality or other tier of government divides land into areas called zones, each of which has a set of regulations for new development that differs from other zones. Zones may be defined for a si ...
and
planning board
An urban planner (also known as town planner) is a professional who practices in the field of town planning, urban planning or city planning.
An urban planner may focus on a specific area of practice and have a title such as city planner, town ...
decisions, disputes over title to real estate and petitions to enforce contracts.
* All other cases which are not the jurisdiction of the other courts.
In
Grafton,
Rockingham and
Sullivan Counties, the Family Division has jurisdiction over divorce, custody/support and domestic violence cases.
Organization
The Superior Court has one Chief Justice of the Superior Court and up to 28 associate justices. Currently, 26 justices sitting in 11 locations in the 10 counties. All counties have one courthouse except for
Hillsborough County which has two. Each court is known by the county which it is located. For example: the superior court located in Rockingham County is known as the "Rockingham Superior Court." The two Hillsborough superior courts are known as "Hillsborough Superior Court North" (located in
Manchester
Manchester () is a city in Greater Manchester, England. It had a population of 552,000 in 2021. It is bordered by the Cheshire Plain to the south, the Pennines to the north and east, and the neighbouring city of Salford to the west. The t ...
) and "Hillsborough Superior Court South" (located in
Nashua Nashua may refer to:
* Nashaway people, Native American tribe living in 17th-century New England
Places
In Australia:
* Nashua, New South Wales
In the United States:
* Nashua, California
* Nashua, Iowa
* Nashua, Minnesota
* Nashua, Kansas City ...
).
The Superior Court is headed by the Chief Justice of the Superior Court which is responsible for the administration of the court. The chief justice also recommends
marital masters
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...
to be nominated and appointed by the governor and council.
Appointment
Part II, Article 46 of the
state constitution, states all judicial officers shall be nominated and appointed by the Governor and
Executive Council. It also states that such nominations shall be made at least three days prior to such appointment and no such appointment shall take place unless a majority of the council agrees.
Length of tenure
All judicial officers hold their offices during "good behavior," according to Part II, Article 73 of the state constitution. Part II Article 78 of the state constitution requires Judges retire at the age of seventy years. Unde
RSA 491:1 the Chief Justice is appointed to a five-year term and is not prohibited from being reappointed to another term.
Salary
The salaries of the Superior Court justices and other state judges are set b
The Chief Justice of the Superior Court makes $175,837 annually, and associate justices make $164,911 annually.
History
In April 1901, the Superior Court was established by the
General Court when two courts were organized to take the place of the Supreme Court as it then existed. The Supreme Court was given jurisdiction over "law terms," or questions of law heard on appeal. The Superior Court was given jurisdiction over trials. Having the two courts, allowed a trial court’s ruling to be heard by a separate court of appeals of which the trial court judge was not a member.
Lists
*
State courts by cities, towns, and unincorporated places
External links
*
NH RSA Chapter 491 Superior Court
{{New Hampshire state courts
Superior Court
In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...
New Hampshire
New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
1901 establishments in New Hampshire
Courts and tribunals established in 1901