The New Hampshire Superior Court is the statewide court of general
jurisdiction which provides
jury trials in
civil 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 Ca ...
cases. There are 11 locations of the Superior Court, one for each
county 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 rights and other civil matters with a minimum claim of $1,500 in damages in which either party requests a
trial by jury. 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 cour ...
over cases in which the damage claims exceed $25,000.
*
Divorce,
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 v ...
cases.
* Felonies (major crimes such as
drugs,
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 and aggravated felonious
sexual assault).
*
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, in which parties seek a court order to block action, such as appeals from
zoning 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) and "Hillsborough Superior Court South" (located in
Nashua).
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 ...
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
1901 establishments in New Hampshire
Courts and tribunals established in 1901