NH Law About ...: Frivolous Lawsuits and Vexatious Litigants: Read The Law About ...

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Read The Law About ...

New Hampshire Statutes

There are statutes penalizing frivolous lawsuits in situations other than those involving torts and contracts. Below are some examples. A keyword search of the Revised Statutes Online using "frivolous," "bad faith," "vexatious," "unconscionable" or "unconscionability" will bring up several others.

Revised Statutes Online
RSA 91-A. Access to Governmental Records and Meetings
See RSA 91-A:8, II.
RSA 205-A. Regulation of Manufactured Housing Parks
See RSA 205-A:19.
RSA 356-C. Protection of Tenants in Conversion of Rental Units
See RSA 356-C:10.
RSA 358-C. Unfair, Deceptive or Unreasonable Collection Practices
See RSA 358-C:4, V.
RSA 382-A. Uniform Commercial Code
See RSA 382-A:2A-108(4)(b).
RSA 491. Superior Court
See RSA 491:8-a, V and RSA 491:24, III.
RSA 507. Actions
See RSA 507:15, RSA 507:15-a, and RSA 507:15-b.
RSA 540-A. Prohibited Practices and Security Deposits
See RSA 540-A:4 X

New Hampshire Cases

Harkeem v. Adams, 117 N.H. 687 (1977)
"Bad faith conduct held to justify the award of counsel fees has been found where one party has acted "in bad faith, vexatiously, wantonly, or for oppressive reasons," where the litigant's conduct can be characterized as unreasonably obdurate or obstinate, and where it should have been unnecessary for the successful party to have brought the action."
Appeal of Parmelee, 127 N.H. 758 (1986)
"As a general rule, parties must pay their own legal fees. Exceptions arise, however, "where litigation is instituted or unnecessarily prolonged through a party's oppressive, vexatious, arbitrary, capricious or bad faith conduct." In such cases "an award of attorneys' fees . . . is within the court's power.""
LaMontagne Builders, Inc. v. Brooks,154 N.H. 252 (2006)
"[W]ith respect to attorney's fees, Supreme Court Rule 23 plainly states that "the supreme court in its sole discretion may award attorney's fees related to an appeal." The rule thus gives this court the exclusive authority to award attorney's fees for an appeal, "if the appeal is deemed ... to have been frivolous or in bad faith.""

New Hampshire Court Orders

2018-0191, Keenan v. Tuthill
"[T]he court found that the plaintiff’s “difficult nature and unreasonable conduct has turned what, in a civilized society, would otherwise be a simple neighbor dispute into an unnecessarily long and vexatious litigation. Accordingly, these proceedings should have been unnecessary and the [defendants] are entitled to attorney’s fees and costs.”"

New Hampshire Court Rules

Below are examples of rules that allow courts to assess attorney's fees against litigants who engage in frivolous or delaying tactics.

New Hampshire Rules of Professional Conduct
Frequently, frivolous actions and vexatious litigants relate to a pro se litigant, that is, a person representing him or herself in court. There is a related concept, found in the New Hampshire Rules of Professional Conduct, which applies to attorneys. Rule 3.1 discusses to “Meritorious Claims and Contentions.”
Rules of the Circuit Court of the State of New Hampshire -- District Division
See Rule 1.8(F).
Rules of the Circuit Court of the State of New Hampshire -- Family Division
See Rule 1.25 (E)(7)
Rules of the Circuit Court of the State of New Hampshire -- Probate Division
See Rule 59. Pleadings -- Frivolous Conduct
Rules of the Superior Court of the State of New Hampshire
See Rule 11(d).
Rules of the Supreme Court of the State of New Hampshire
See Rule 23. Taxation of Costs; Waiver; Attorney's Fees.

Please remember that this guide is for information purposes only and is not comprehensive.
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About ... is not a substitute for the services of an attorney.