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New Hampshire Court Appeals

Once the court has reached a verdict in your case, an appeal may be done. You always have the right to a hearing from the Bureau of Hearings. Applying for an appeal is a process that takes some time and because the vehicle code can be complicated you should hire an experienced attorney.

Attorney Garrity has tried hundreds of bench trials and has also handled dozens of appeals in the New Hampshire Supreme Court and the United States Court of Appeals for the First Circuit. 

Whether your lawyer failed to fight for your rights, or neglected to aggressively defend your rights, Garrity Law welcomes the opportunity to review your case and look for any areas that may have been missed or if you may have  received an unfair trial. There are many factors that will determine whether or not a verdict can be appealed, if you would like to discuss your appeal options please call us today and we will review your case.

Appeal Process for New Hampshire

The New Hampshire Supreme Court, composed of the Chief Justice and four associate justices, sits in Concord and is the state's only appellate court.

The Supreme Court has jurisdiction to review appeals from the State trial courts and from many State administrative agencies.  It also has original jurisdiction to issue writs of certiorari, prohibition, habeas corpus and other writs.  The duties of the Supreme Court include correcting errors in trial court proceedings, interpreting case law and statutes and the state and federal constitutions, and administration of the courts.

Since January 2004, the Supreme Court has accepted the vast majority of appeals from the State's trial courts: the family division and the district, probate and superior courts.  With a few exceptions (which are listed in the definition of "mandatory appeal" in Supreme Court Rule 3), a timely appeal from a final decision of a trial court is a "mandatory appeal," meaning that the appeal is automatically accepted by the court.  In a mandatory appeal, the parties generally are given the opportunity to submit a transcript of the lower court proceedings and to file written briefs.  After the briefs have been filed, the Supreme Court decides whether the case should be scheduled for oral argument or decided on the briefs alone.  The court then issues a final decision, which may be a brief order, an order with some explanation, or a full written opinion.

Administrative appeals, interlocutory appeals and interlocutory transfers, petitions for original jurisdiction (such as petitions for writs of habeas corpus) and appeals from the decisions of the trial courts in a few types of cases are "discretionary appeals," meaning that the Supreme Court may decide, in its discretion, not to accept the cases for review.  If a discretionary appeal is accepted, it typically follows the same process as a mandatory appeal, i.e., preparation of a transcript, briefings, oral argument, if necessary, and final decision.

MOTOR VEHICLES

CHAPTER 263
DRIVERS' LICENSES

Appeal
Section 263:76

263:76 Appeals from Suspension or Revocation. - Any person whose license has been suspended or revoked, except where such suspension or revocation is mandatory, or any person who has been denied a license, may petition, within 30 days thereafter, the superior court in the county where such person resides. The court, upon 14 days' written notice to the director, shall determine, after hearing, whether the decision of the director is unreasonable or unlawful. The burden of proof shall be upon the petitioner. All findings of the director upon all questions of fact properly before him shall be deemed prima facie lawful and reasonable. The decision appealed from shall not be set aside or vacated except for errors of law, unless the court is satisfied, by a clear preponderance of the evidence before it, that such order is unjust or unreasonable. The provisions of RSA 263:56, IV shall apply in appeals concerning accidents involving motor vehicle fatalities.

CHAPTER 262
ANTITHEFT LAWS, OFFENSES, PENALTIES, HABITUAL OFFENDERS, ARREST OF NONRESIDENTS AND ABANDONED VEHICLES

Habitual Offenders
Section 262:25

 262:25 Appeals. - An appeal to the superior court of Merrimack County may be had from any final action or order of the director pursuant to this chapter within 30 days of the date of the final action or order. All findings of the director upon all questions of fact properly before him shall be deemed prima facie lawful and reasonable and shall not be disturbed on appeal, unless the court finds that they could not reasonably have been made. The action or order appealed from shall not be set aside or vacated unless the party appealing shall prove that the director acted illegally with respect to jurisdiction, authority, or observance of law. An appeal to the supreme court of New Hampshire may be had from any action or order of the superior court entered under RSA 262:25 in the same manner and form as such an appeal would be noted, perfected, and tried in any other criminal action.

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