New Hampshire Court Types

Superior Courts have general jurisdiction over all civil and criminal cases but usually handle cases that are beyond the jurisdiction of other courts.

Only Superior Courts offer jury trials so cases in other courts that have a right to a jury will be transferred to Superior Court upon proper request.

Criminal cases heard by Superior Courts include felonies and other types of criminal cases that are eligible for a jury trial.

Civil cases heard by Superior Courts include all jury trials, general civil claims for more than $1,500 or involving title to real estate and general civil claims for more than $25,000. Superior Courts also handle divorce, child custody, domestic violence, redemption and foreclosure of mortgages, petitions to enforce contracts, and appeals from zoning and planning board decisions.

Superior Courts share jurisdiction with District Courts over domestic violence cases and most non-jury general civil claims for damages between $1,500 and $25,000 that do not involve disputes over title to real estate.

Superior Courts share jurisdiction with Probate Courts over certain types of cases, including certain types of trusts, certain kinds of durable powers of attorney and waivers for marriage of minors.

When a Family Court exists within the territorial jurisdiction of a Superior Court, Superior Courts share jurisdiction over temporary domestic violence orders and lack jurisdiction over within the exclusive jurisdiction of the Family Court, such as divorce, child custody and child support.

District Courts have limited jurisdiction over certain types of civil and criminal cases. District Courts do not offer jury trials and must transfer cases to Superior Court when a proper jury trial request is made.

District Courts have original jurisdiction over criminal cases when punishable by a fine of less than $2,000, imprisonment of a year or less, or both. Criminal cases heard by District Courts include misdemeanors and ordinance violations.

Civil cases heard by District Courts include landlord-tenant, family law, juvenile matters and small claims. District Courts share jurisdiction over domestic violence protection cases with Superior Courts.

District Courts have exclusive jurisdiction to hear most general civil claims for less than $1500, exclusive of interest and costs. District Courts share jurisdiction with Superior Courts for most general civil claims for more than $1500 and less than $25,000, exclusive of interest and costs. District Courts do not handle cases with title to real estate in dispute.

Each District Court has a Small Claims division that offers a simplified court procedure for certain types of civil cases with disputes for less than $5000, exclusive of interest and costs. When a claim is more $1500, a right to a jury trial exists, so if either party properly requests a jury trial, the case will be transferred to Superior Court.

When a Family Court shares territorial jurisdiction with a District Court, the District Court has limited jurisdiction to handle requests for temporary domestic violence orders.

The New Hampshire Supreme Court has authority to increase the financial limit on District Court jurisdiction to $50,000, so financial limits on jurisdiction may vary.

Probate Courts have limited jurisdiction over certain types of cases related to probate, real estate and juvenile matters. Probate Courts do not offer jury trials, so if a jury trial right exists and is properly requested, the case will be transferred to Superior Court.

Probate Courts have exclusive jurisdiction over the probate of wills, administration of estates and trusts, conservatorships, guardianships, most adoptions of children, most name change petitions, termination of parental rights, durable powers of attorney for health care, living wills, some partition actions, actions to quiet title to real estate and other types of cases.

Probate Courts share jurisdiction with Superior Courts for certain types of trusts, certain kinds of durable powers of attorney, waivers for marriage of minors and other certain types of cases.

When a Family Court shares territorial jurisdiction with a Probate Court, the Probate Court lacks jurisdiction over most cases heard by Family Courts, but continues to share jurisdiction over certain types of cases. Family Courts have exclusive jurisdiction over many adoptions, but private, agency or international adoptions remain within exclusive Probate Court jurisdiction. Family Courts have exclusive jurisdiction over most guardianships of minors, but if the case also involves the estate of a minor, jurisdiction over the entire case is exclusively vested in the Probate Court.

Family Courts only exist in certain locations, but when they do, Superior Courts, District Courts and Probate Courts generally lack jurisdiction over the types of cases handled by Family Court.

Family Courts have exclusive jurisdiction over most domestic relations and juvenile cases, including divorce, annulment, alimony, child custody, child support, paternity, juvenile delinquency, abuse or neglect of children, children in need of services, domestic violence protection, adoption of children in abuse and neglect cases, termination of parental rights, most guardianships of minors, and name change petitions associated with termination of parental rights.

Family Courts share jurisdiction with Superior Courts and District Courts for temporary orders in domestic violence protection cases.

Family Courts share jurisdiction with the District Courts for temporary detention orders in juvenile delinquency cases and certain orders in cases that involve abused and neglected children or children in need of services.

When a Family Court shares territorial jurisdiction with a Probate Court, the Probate Court lacks jurisdiction over most cases heard by Family Courts, but continues to share jurisdiction over certain types of cases. Family Courts have exclusive jurisdiction over many adoptions, but private, agency or international adoptions remain within exclusive Probate Court jurisdiction. Family Courts have exclusive jurisdiction over most guardianships of minors, but if the case also involves the estate of a minor, jurisdiction over the entire case is exclusively vested in the Probate Court.

Family Courts are also referred to as the Judicial Branch Family Division.