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THE STATE OF NEW HAMPSHIRE

JUDICIAL BRANCH

INSTRUCTIONS FOR FILING A RULE 7 MANDATORY APPEAL

Who should use the Mandatory Notice of Appeal Form

Use the mandatory notice of appeal form if you are appealing a final decision from a state trial court

(superior or circuit court), except if you are appealing any of the following matters: (1) a post-

conviction review proceeding; (2) a proceeding involving a collateral challenge to a conviction or

sentence; (3) a sentence modification or suspension proceeding; (4) an imposition of sentence

proceeding; (5) a parole revocation proceeding; (6) a probation revocation proceeding; (7) a

landlord/tenant action or a possessory action filed under RSA chapter 540; (8) the denial of a motion

to intervene in a case; or (9) a domestic relations matter filed under RSA chapters 457 to 461-A other

than an appeal from a final divorce decree or decree of legal separation. (An appeal from a final

divorce decree or from a decree of legal separation should be filed on the mandatory notice of appeal

form.)

Do not use this form to appeal a decision of an administrative agency, such as the workers’

compensation appeals board, or a decision of a court committee, such as the Committee on

Professional Conduct.

Do not use this form to file a petition for original jurisdiction.

Do not use this form to file an interlocutory appeal.

Determine the Deadline for Filing the Mandatory Notice of Appeal Form

It is important to file your notice of appeal on time. The deadline for filing a mandatory notice of

appeal is 30 days from the date on the trial court clerk’s written notice of a “decision on the merits.”

Motions to extend the deadline for filing an appeal will be granted only in exceptional circumstances.

Review Supreme Court Rule 7(1)(A) and (C) carefully so that you understand how the deadline is

determined. A timely filed post-trial motion, such as a motion for reconsideration of the trial court’s

decision, stays the running of the appeal period. An untimely filed post-trial motion or a

successive post-trial motion does not stay the appeal period.

Filing means receipt by the clerk of court. You may mail or deliver your appeal to the clerk of court.

An appeal will be considered timely if the clerk receives it by the appeal deadline or if it is postmarked

at least 2 days prior to the deadline.

If you are attempting to appeal a trial court decision but the deadline for filing an appeal has passed,

you must file a motion for late entry with the notice of appeal form. Motions for late entry will be

granted only in exceptional circumstances.

Completing the Mandatory Notice of Appeal Form

Complete all sections of the form. Do not use small type. (Letters cannot be smaller than size 12

font.) If a section is not applicable to your appeal, write “not applicable.”

The following are instructions for completing certain sections of the form:

Section 2 asks for the name of the judge or judges who issued the decision. List only the judges who

issued an order or orders that you are appealing. It is not necessary to list every judge who may

have ruled on a motion in your case unless you are appealing the judge’s ruling on the motion.

Section 6 requests the date of the clerk’s notice of decision or sentencing and the date of the

clerk’s notice of decision on a post-trial motion, if any. You are also required to attach to the form a

copy of the trial court decision that you are appealing and a copy of the clerk’s notice of this

decision. If a motion for reconsideration was filed, attach a copy of the trial court’s ruling on the

motion and the clerk’s notice of the ruling.

NHJB-2296-SUP-Instructions (12/23/2013)

Instructions For Filing A Rule 7 Mandatory Appeal - The State Of New Hampshire Judicial Branch

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