Understanding Civil Court Records in New Hampshire

Civil court records in New Hampshire are juridical documents that contain information about a local civil case. Unlike criminal cases, civil cases involve private parties, where one party (the plaintiff) seeks compensation from another party (the defendant) due to losses incurred as a result of the defendant's conduct.

Generally, New Hampshire civil court records are essential instruments for maintaining transparency and accountability within the judicial system. These records are presumed to be public under New Hampshire's right-to-know law, codified in RSA Chapter 91-A. As a result, they are usually available to the public upon request and through online resources provided by their respective custodians.

Civil Court Record Statistics Reported by New Hampshire Courts

In 2024, 49,987 incoming civil cases were reportedly filed in New Hampshire Courts, representing a 13.49% increase from the previous year, when 43,669 civil cases were filed. Small claims made up the largest portion (22.9%) of 2024's civil caseload, with 11,441 cases filed, followed by cases linked to contract, with 10,550 cases (21.1%). Other notable type of civil cases and their respective statistics in 2024 include 9,971 probate/estate cases, 2,586 mental health cases, 1,250 tort cases, and 434 real property cases.

How Civil Records Differ from Criminal Records in New Hampshire

The primary difference between civil and criminal records in New Hampshire is centered on their origin. Civil court records result from disputes between private parties, typically where one party seeks compensation or another form of relief from the other. In contrast, criminal court records arise from cases in which the government (the state) brings charges against an individual accused of committing a crime.

Other noteworthy distinguishing factors between civil and criminal records in New Hampshire are detailed in the table below:

Category	Civil Record	Criminal Record
Legal Focus	Finding the defendant "liable" or "not liable" for damages	Finding a defendant "guilty" or "not guilty" of committing a crime
Case Titles	Plaintiff v. Defendant	The State of New Hampshire v. Defendant
Potential Outcome	Money damages, compensatory damages, and injunctions.	Fines, incarceration, and probation
Public Access	Generally public, with some restrictions

Structure of the Civil Court System in New Hampshire

The New Hampshire court system consists of three (3) types of courts: the Supreme, Superior, and Circuit Courts. The Supreme Court is the state's sole appellate court, while the Superior and Circuit courts are the state's trial courts. There are 11 Superior Court locations in New Hampshire, and these courts have general jurisdiction over civil cases. Meanwhile, the Circuit Courts consist of three divisions (district, family, and probate), each of which has jurisdiction over specific types of civil matters.

The table below contains a detailed breakdown of the types of civil cases handled by the New Hampshire Superior Court, as well as those handled by each division of the Circuit Courts.

Court	Type of Civil Cases
New Hampshire Superior Courts	Has general jurisdiction over civil cases. This court may hear cases involving contracts, negligence, real property rights, and other civil matters in which a jury trial is requested, provided the claim exceeds $1,500. Additionally, this court has exclusive jurisdiction over civil cases where the amount in controversy is greater than $25,000
New Hampshire Circuit Court District Division.	Have original jurisdiction over small claims, stalking cases, landlord-tenant cases, involuntary emergency admissions (IEAs), and other civil cases where damages do not exceed $25,000. Note that small claims are cases where the sought damages are $10,000 or less.
New Hampshire Circuit Court Family Division.	Has jurisdiction over all family law cases. These include child support, termination of parental rights, guardianship of minors, divorce/parenting actions, child in need of services, domestic violence petitions, juvenile delinquency, abuse/neglect cases, and some adoptions
New Hampshire Circuit Court Probate Division.	Handles matters related to trust and estate, wills, name changes, guardianships, equity, and involuntary admissions.

Public Access to Civil Court Documents in New Hampshire

Civil court documents in New Hampshire are presumably subject to public inspection and copying pursuant to New Hampshire's right-to-know law and the state's Guidelines for public access to court records. Notwithstanding, some specific categories of cases are considered confidential and not open to the public. These include, but are not limited to, juvenile cases, such as termination of parental rights, adoptions, delinquency, abuse or neglect, and child in need of services (CHINS).

Additionally, a civil court document may be subject to a federal or state statute or a court rule that restricts its public accessibility. In other cases, a court document may be sealed per a court order. Once sealed, the affected document typically becomes confidential and exempt from public access.

How to Lookup New Hampshire Civil Court Records

Interested persons may look up New Hampshire civil court records through any of the following methods:

• Online: The New Hampshire Judicial Branch's Case Access Portal provides users with access to limited information about cases handled by the state's trial courts, including civil cases. Cases available on the portal include non-confidential Superior Court criminal and civil cases, Circuit Court district division cases, small claims, estate cases, and name change records. Note that users must register an account or log in to access and use the portal.
• In-person: record seekers must ascertain the specific court where the sought-after civil case was filed. Depending on the case's specifics, it may have been filed with either a Superior Court or one of the divisions of a Circuit Court. Notwithstanding, record seekers must possess sufficient information about the case to identify it. These include a case number, the name of the case's parties, or filing date.

In most cases, public computer terminals are available in New Hampshire courthouses for visitors to electronically access public court records of cases the court handles. Alternatively, interested persons may visit the court clerk's office to request paper copies of public court documents for a fee.

• Mail-in requests: This method of requesting records is not offered by every court. Therefore, it is generally advisable to contact the relevant court clerk's office to determine if they accept mail-in requests. In cases where mail-in requests are accepted, individuals may draft a written request or use a request form provided by the clerk to facilitate their requests.

Types of Civil Cases Filed in New Hampshire Courts

Some common types of civil cases filed in New Hampshire courts include the following:

• Family law: These cases involve matters that directly affect or concern a family unit. The family division of a Circuit Court handles them. Some examples include divorce, child support, CHINS, termination of parental rights, and guardianship of minors.
• Contract disputes: these cases pertain to disagreements over the terms of a legally binding contract. They fall under the jurisdiction of the Superior Courts.
• Torts: these cases arise as a result of injuries an individual suffers due to a liable party's actions or negligence.
• Landlord-tenant matters: these involve disagreements between a landlord and their tenant over matters concerning a rented property, such as failure to pay rent, failure to make repairs, and breach of lease. The District division of a Circuit Court has original jurisdiction over these cases.
• Small claims: these are civil lawsuits where the sought damages are less than $10,000. The Circuit Court District Division handles them.

Information Captured in New Hampshire Civil Court Files

New Hampshire civil court files generally contain basic information about a civil case. These include the names of the parties involved and their attorneys, the case filing date, case number, case status, and hearing details (including date and location). Additionally, civil court files also consist of different documents filed with or generated by the court during the "life cycle" of the case. These documents include, but are not limited to

• Civil complaint
• Claims and counterclaims
• Final judgment
• Motions
• Orders
• Answer
• Summons

Retention and Archiving of Civil Court Records in New Hampshire

New Hampshire does not have a general court record retention schedule that outlines the retention periods for different types of court records. Instead, certain state statutes establish the minimum retention time limit for specific types of cases. For instance, RSA 548:6 provides the following records management and retention policy;

• Administration, estate, trust, and probate files: permanently retained, provided they have the potential for being historically significant.
• Conservatorship and guardianship files: retained for five (5) years after the conservatorship or guardianship termination, provided that real estate is not part of the conservatorship or guardianship.
• Name change, adoption, termination of parental rights, and relinquishment of parental rights files: permanently retained, provided they have the potential for being historically significant.

References and Official Resources

• New Hampshire Courts Directory: This may be used to find the contact information and addresses of various types of courts in New Hampshire.
• New Hampshire Judicial Branch's Case Access Portal: provides online access to case information of different types of cases handled by New Hampshire trial courts.
• New Hampshire Law Library: may be visited to conduct legal research about state laws, administrative regulations, and court decisions.