New Hampshire Notice of Removal from State Superior Court to United States District Court

Federal courts may hear cases concerning state laws if the issue is whether the state law violates the federal Constitution.A person can go to federal or state court to bring a case under the federal law or both the federal and state laws. A state-law-only case can be brought only in state court.

Most state courts are courts of general jurisdiction, whereas federal courts have limited jurisdiction. That is, state courts are presumed to have power to hear virtually any claim arising under federal or state law, except those falling under the exclusive jurisdiction of the federal courts.

You can obtain a PACER login on-line or by calling (800) 676-6856. If you have a PACER account, you may login to the court's electronic case files. You may also view the court's electronic case files free of charge at the public terminals in the clerk's office.

Generally speaking, a case can be removed to federal court if it could have been filed in federal court by the plaintiff. In many cases both state and federal courts may have subject matter jurisdiction over a particular matter, and the plaintiff has his or her choice of which court to present the claim to.

So why would a defendant want to remove the case to federal court? Well, removing a case may alleviate certain concerns about prejudice or bias against an out-of-state defendant. Removal also allows the parties to use federal procedural rules instead of state rules.

A defendant can remove a case from state to federal court by filing a notice of removal in federal court and then notifying the state court and the other parties.After removal, the state court no longer has jurisdiction over the lawsuit.

New Hampshire has one federal district court, which is known as the U.S. District Court for the District of New Hampshire.

You need to file a request for a commission or letter rogatory which is essentially a request from the MA court to the NH court that includes a copy of the subpoena you want issued.