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New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 526:4 (2026)

Time

✓ current as of May 2026
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    526:4 Time. – A new trial shall not be granted unless the petition is filed within three years after the rendition of the judgment complained of, or the failure of the suit.

Source. RS 192:6. CS 205:6. GS 215:8. GL 234:4. PS 230:4. PL 342:4. RL 398:4.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1961–2023 · leading case: State v. Looney, 917 A.2d 1258 (N.H. 2007).
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State v. Looney, 917 A.2d 1258 (N.H. 2007). · cites it 5× “On appeal, the defendant argues that the trial court erroneously interpreted the relevant statute, RSA 526:4 (1997), which provides, in pertinent part: “A new trial shall not be granted unless the petition is filed within three years after the rendition of the judgment…”
James Conant & a. v. Timothy O'Meara & a., 167 N.H. 644 (N.H. 2015). “See RSA 526:4 (2007). We have not explicitly addressed whether, or under what circumstances, a judgment may be set aside or a new trial granted, on grounds of perjury, long after the original judgment was rendered.”
Hodgdon v. Beatrice D. Weeks Mem'l Hosp., 515 A.2d 1199 (N.H. 1986). · cites it 2× “The trial court’s dismissal of the plaintiff’s wrongful death case thus did not bar a motion for new trial so long as the three-year period for filing such a motion, RSA 526:4, had not yet run. Furthermore, the defendant asserts that the trial court erred in concluding that the…”
State v. Robert Breest, 155 A.3d 541 (N.H. 2017). “See RSA 526:4 (2007) (providing that “[a] new trial shall not be granted unless the petition is filed within three years after the rendition of the judgment complained of, or the failure of the suit”).”
Lillios v. Justices of New Hampshire Dist. Court, 735 F. Supp. 43 (D.N.H. 1990). “Defendants alternatively argue that this section 1983 action should be characterized as a petition for new trial and thus be time barred by the three-year statute of limitations under RSA 526:4. The Court rejects this argument.”
Bricker v. Sceva Speare Mem'l Hosp., 350 A.2d 623 (N.H. 1975). “Defendant filed a special plea asking that plaintiff’s motion dated September 25, 1974, be dismissed under the provisions of RSA 526:4. This section reads as follows: “A new trial shall not be granted unless the petition is filed within three years after the rendition of the…”
Magoon v. New England Power Co., 172 A.2d 366 (N.H. 1961). · cites it 2× “RSA 526:4 provides: “A new trial shall not be granted unless the petition is filed within three years after the rendition of the judgment complained of, or the failure of the suit.”
Heath Ex Rel. Heath v. Seymour, 270 A.2d 602 (N.H. 1970). “Nor do the provisions of RSA 526:4 regulating new trials constitute a bar.”
State of New Hampshire v. Scott Traudt (N.H. 2021). · cites it 11× “The State counters that we should affirm because the defendant’s motion for a new trial was untimely under the three-year limitation period set forth in RSA 526:4 (2007). We agree with the State.”
Hogan v. Leary, 333 A.2d 724 (N.H. 1975). “Plaintiffs’ motion for a new trial was filed in reliance upon the three-year time limit contained in RSA 526:4 for petitions for a new trial after judgment founded on information learned after judgment.”
State v. James Jaskolka (N.H. 2019). “See RSA 526:4. When, as here, a defendant seeks to withdraw a guilty plea and vacate a conviction outside the time limits governing the circuit court’s jurisdiction, the writs of habeas corpus and coram nobis are the proper procedural vehicles by which a party may seek review of…”
Marc Mallard v. Warden, New Hampshire State Prison (N.H. 2023). “Under RSA chapter 526, a petition for a new trial may be granted, if “filed within three years after the rendition of the judgment complained of,” RSA 526:4 (2007), “in any case when through accident, mistake or misfortune justice has not been done and a further hearing would be…”
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