How to Appeal a Court’s Decision in New Hampshire?

If you are dissatisfied with the result of your trial based in NH, you can appeal the decision.

Notice of Appeal

First, you will need to submit a notice of appeal within thirty days of the final ruling. There are two types of forms, a mandatory appeal form (in most cases) and a discretionary appeal form. If your case requires you to fill out the discretionary form, then the court will first decide whether or not to review your case or dismiss it.

You can obtain the forms from the court Clerk’s office or online. The information you will need to include is:

• Names, addresses, email and phone numbers for all parties involved.
• Case & docket number, judge, district court information and final ruling.
• Contact information for all attorneys.
• The specific questions to be raised on appeal.
• Copy of the court’s decision.
• A filing fee of $25.

Be sure to fill out the form completely, or you may risk losing your appeal. You must file the notice of appeal with eight copies.

You will also need to request a copy of the court transcript for your case. It is your responsibility as an appellant to do this.

Briefs

The appellant is required to file a brief detailing the case and citing precedent cases to support their argument of errors in the original trial. There are specific guidelines you will need to follow for formatting and content, and you can review those online. Your brief cannot be more than thirty-five pages long. There are three critical requirements for the brief:

• A certification that you hand-delivered or sent by first class mail copies to all parties.
• You must sign your brief.
• A copy of the written final ruling.

The appellee is not required to file a brief but may do so if they wish.

Rarely the appellate court hears oral arguments as well as briefs.

Final Decision

It typically takes 45-60 days for a final opinion to be reached and published. You will receive the decision in writing.