New Hampshire Complaint for malicious prosecution

State:
Multi-State
Control #:
US-01627
Format:
Word; 
Rich Text
Instant download

Description

This is a sample Complaint against a defendant for false arrest, malicious prosecution, trespassing, slander, libel and intentional infliction of emotional distress. Adapt to fit your circumstances, including compliance with your state's procedural rules.
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FAQ

New Hampshire Criminal Statute of Limitations at a Glance The state of New Hampshire imposes a one-year statute of limitations for all misdemeanors (three months for violations), while there are a few different time limits for felony charges in the state. As in other states, there is no time limit for murder.

The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge.

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the Party seeking discovery or to the claim or defense of any other Party, including the existence, description, nature, custody, ...

The Granite State's criminal statute of limitations is six years for most felonies and 2 years for most misdemeanors, although there is no time limit for murder charges. There is a three-year time limit for injury and most other civil claims.

Intentional Infliction of Emotional Distress (?IIED?) The elements of intentional infliction of emotional distress are: (1) by extreme and outrageous conduct, (2) intentionally or recklessly cause[d] severe emotional distress to another. (3) serious mental and emotional harm accompanied by objective physical symptoms.

Six years for felonies. one year for misdemeanors, and. three months for violations.

The range is usually from one year for many misdemeanors, three years for many felonies, to no time limit at all for crimes that are punishable by death or by life in prison. If there is no statute of limitations, the prosecutor may bring charges against someone at any time.

In order to prevail on a civil malicious prosecution claim, the plaintiff must prove that he was subjected to criminal or civil proceeding instituted (or provoked) by the defendant without probable cause; with malice; and that the proceedings terminated in the plaintiff's favor.

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New Hampshire Complaint for malicious prosecution