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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 514:9 (2024)

Amendments

✓ 2024 N.H. RSA (Justia copy): later sessions are not included
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    514:9 Amendments. – Amendments in matters of substance may be permitted in any action, in any stage of the proceedings, upon such terms as the court shall deem just and reasonable, when it shall appear to the court that it is necessary for the prevention of injustice; but the rights of third persons shall not be affected thereby.

Source. RS 186:11. CS 198:11. GS 207:9. GL 226:9. 1879, 7:1. PS 222:8. PL 334:9. RL 390:9.

Notes of Decisions
Cited in 52 cases (10 in the last 5 years), 1955–2025 · leading case: Coan v. New Hampshire Dep't of Env't Servs., 161 N.H. 1 (2010).
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Coan v. New Hampshire Dep't of Env't Servs., 161 N.H. 1 (2010). · cites it 2× “The trial court denied the plaintiffs’ motion to amend in part because it viewed the allegation as a new cause of action and because it found that to allow the plaintiffs to amend at such a late stage in the proceedings would unfairly prejudice the defendants.”
Tessier v. Rockefeller, 33 A.3d 1118 (N.H. 2011). “Pursuant to RSA 514:9 (2007), a trial court may permit a substantive amendment to pleadings “in any stage of the proceedings, upon such terms as the court shall deem just and reasonable, when it shall appear to the court that it is necessary for the prevention of injustice.”
Sanguedolce v. Wolfe, 62 A.3d 810 (N.H. 2013). · cites it 2× “Pursuant to RSA 514:9 (2007), a trial court may permit a substantive amendment to pleadings “in any stage of the proceedings, upon such terms as the court shall deem just and reasonable, when it shall appear to the court that it is necessary for the prevention of injustice.”
Dupuis v. Smith Props., Inc., 325 A.2d 781 (N.H. 1974). · cites it 4× “Because the basic question underlying both of plaintiff’s motions is the same, they will be treated in effect as one.”
Dent v. Exeter Hosp., Inc., 931 A.2d 1203 (N.H. 2007). “Under RSA 514:9 (2007), a trial court may permit a substantive amendment to pleadings “in any stage of the proceedings, upon such terms as the court shall deem just and reasonable, when it shall appear to the court that it is necessary for the prevention of injustice____”…”
Miller v. Slania Enter., Inc., 843 A.2d 939 (N.H. 2004). “-See RSA 514:9 (1997). The landlord did not object either to the introduction of evidence related to the landlord’s compliance with RSA 540:13, VII, or to the plaintiffs arguments at the close of the evidence addressing the same issue.”
Milne v. Burlington Homes, Inc., 379 A.2d 198 (N.H. 1977). · cites it 2× “RSA 514:9. This court has interpreted RSA 514:9 and its predecessors to allow in a suit at law the filing of a bill in equity as an amendment to a pleading.”
In re Cole, 196 A.3d 950 (N.H. 2018). · cites it 2× “2d 1008 (1993) (emphasis added); see also RSA 514:9 (2007) (affirming court's power at "any stage of the proceedings" to allow nonprejudicial amendments when necessary to prevent injustice).”
Keshishian v. CMC Radiologists, 698 A.2d 1228 (N.H. 1997). “See RSA 514:9 (1974). Generally, a court should allow amendments to pleadings to correct technical defects but need only allow substantive amendments when necessary to prevent injustice.”
MacLeod v. Chalet Susse Int'l, Inc., 401 A.2d 205 (N.H. 1979). “This State takes a liberal view toward amendment of pleadings, see RSA 514:9; Mayhew v. New England Teamsters, 115 N.”
Patey v. Peaslee, 131 A.2d 433 (N.H. 1957). · cites it 2× “It cannot be presumed, as the majority opinion assumes, that the status of *31 the action before the Trial Court at the time of the hearing was considered and an order vacating the judgment impliedly made.”
Bel Air Assocs. v. New Hampshire Dep't of Health & Human Servs., 910 A.2d 1232 (N.H. 2006). “Under RSA 514:9 (1997), the trial court may permit a substantive amendment to pleadings, “in any stage of the proceedings, upon such terms as the court shall deem just and reasonable, when it shall appear to *236 the court that it is necessary for the prevention of injustice.”
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