Rule 4.4 - Pre-trial hearing(a) In every small claim case in which the defendant has filed a timely response requesting a hearing, the court may schedule a pre-trial hearing. (b) Attendance at the pre-trial hearing shall be mandatory. Anyone appearing on behalf of another, including an attorney, will be expected to have settlement authority or telephonic access to the represented party. Failure by either party to attend the pre-trial hearing shall result in a judgment in favor of the other party. If neither party appears at the pre-trial hearing, the case shall be dismissed. A default judgment shall not be stricken except upon a finding of good cause by the court. (c) The court will provide the opportunity for parties to mediate on the day of the pre-trial hearing. The court may require parties in cases subject to mandatory mediation to mediate on the day of the pre-trial hearing or on a later date. If the parties reach an agreement, the agreement shall contain an acknowledgement that they understand that exempt income and assets may not be used in the enforcement of any judgment or agreement, and that failure to comply with the terms of the agreement may result in the matter being returned to the court's docket for a hearing as may be necessary. (d) As a result of the pre-trial hearing, the court will make pre-trial orders on all issues deemed appropriate and schedule the trial. (e) Parties are not required to bring witnesses or evidence to the pre-trial hearing. Parties may bring evidence which would be helpful during any discussion between the parties, including mediation. N.H. R. Cir. Ct. Sm. Clm. 4.4
Amended Dec. 29, 2014, eff. 7/1/2015.