New Hampshire Motion to Release Property from Levy upon Filing Bond

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US-03319BG
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A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

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FAQ

Rule 9. Answers; Defenses; Forms of Denials. (a) An Answer or other responsive pleading shall be filed with the court within 30 days after the person filing said pleading has been served with the pleading to which the Answer or response is made.

Summary Disposition. (1) Except in a mandatory appeal, the supreme court may at any time, on its own motion and without notice or on such notice as it may order, dispose of a case, or any question raised therein, summarily.

(i) The party, who is served with interrogatories, shall serve his or her answers thereto, by mail or delivery in hand, upon the party propounding them within 30 days after service of such interrogatories.

Upon a sufficient showing of good cause, the court may at any time order that discovery required hereunder be denied, restricted, or deferred, or make such other order as is appropriate.

Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.

A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 5 (1997) (amended 2000); 5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).

Replevin is a type of civil remedy used to recover personal property that has been wrongfully taken or detained. A writ of replevin is an order from a court authorizing the retaking of the wrongfully taken or detained personal property. "To replevy" is to recover goods by a writ of replevin.

LEGAL STANDARD A motion to dismiss asks the trial court ?to determine whether the allegations contained in the [Plaintiffs'] pleadings are sufficient to state a basis upon which relief may be granted.? ?K.L.N. Constr. Co.

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New Hampshire Motion to Release Property from Levy upon Filing Bond