N.H. Rev. Stat. Ann. » N.H. Rev. Stat. Ann. / Title li / Chapter 490-d
New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 490-D:3 (2024)

Equity Jurisdiction

✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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    490-D:3 Equity Jurisdiction. – Notwithstanding any law to the contrary, the judicial branch family division shall have the powers of a court of equity in cases where subject matter jurisdiction lies with the judicial branch family division. Suits in equity where subject matter jurisdiction lies with the judicial branch family division including, but not limited to, petitions for divorce, nullity of marriage, alimony, custody of children, support, and other similar proceedings may be heard upon oral testimony or depositions, or both, or when both parties consent, or service having been made and a notice of the time and place of the hearing having been given, when both parties appear. Such suits may be heard by any justice of the judicial branch family division at any time, but nothing contained in this section shall be construed as limiting the power of the judicial branch family division to have issues of fact framed and tried by a jury, according to the rules in equity, or the course of such proceedings at common law.

Source. 2005, 177:14, eff. July 1, 2005.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 2010–2022 · leading case: In re Mallett, 37 A.3d 333 (N.H. 2012).
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In re Mallett, 37 A.3d 333 (N.H. 2012). · cites it 13× “RSA 490-D:3, or otherwise, to adjudicate legal or equitable claims with respect to assets of parties who have children together but who never married? (2) Does the family division have jurisdiction under N.”
In re O'Neil, 992 A.2d 672 (N.H. 2010). · cites it 5× “The family division is a court of limited jurisdiction, with exclusive power conferred by statute to decide cases in certain discrete areas, including “[petitions for divorce.” RSA 490-D:2,1 (Supp.”
In re Muller, 62 A.3d 770 (N.H. 2013). “Further, the legislature’s recognition that the need to render equitable orders is inherent in the resolution of divorce matters is reflected in RSA 490-D:3 (2010), which provides that “the judicial branch family division shall have the powers of a court of equity in cases where…”
In the Matter of Gregory Neal & Lauren DiGiulio, 184 A.3d 90 (N.H. 2018). · cites it 2× “" RSA 490-D:3 (2010); see also RSA 490-F:3 (Supp.”
In the Matter of Brian Colsia & Allana Kelley-Colsia, 281 A.3d 228 (N.H. 2022). · cites it 4× “” RSA 490-D:3 (2010). Thus, the circuit court has broad and flexible equitable powers that allow it to shape and adjust the precise relief to the requirements of a particular situation.”
In the Matter of Philip Borelli & Catherine Borelli, 286 A.3d 1150 (N.H. 2022). · cites it 2× “625, 629 (2018) (quotation and citation omitted); see RSA 490-D:3 (2010). “[T]he overall scheme of the relevant divorce statutes governs issues of, among other things, .”
Est. of Theodore R. Mortner & a. v. Lindsay Thompson, 182 A.3d 1260 (N.H. 2018). “3d 770 (2013), the legislature has afforded the family division the powers of a court of equity in exercising this jurisdiction, see RSA 490-D:3 (2010). The family division's equitable powers in a divorce proceeding include the full authority to divide the parties' marital…”
In the Matter of Tara Broom & Jeffrey Broom, No. 2016-0284 (N.H. Mar. 10, 2017). “See RSA 490-D:3 (2010); see also RSA 490-F:3 (Supp.”
In the Matter of Karen Kilcup & Christopher Chimera, No. 2019-0042 (N.H. Oct. 11, 2019). “See RSA 490-D:3 (2010) (giving family division equity powers when it has subject matter jurisdiction); see also RSA 490-F:3 (Supp.”
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