Legal Question in Appeals and Writs in New Hampshire
Amending a Petition
I want to amend a Petition I submitted to a NH Superior Court pro se. The orders of notice was returned on Auigust 7. Can I submit a Motion to Amend, and if so, do I ADD to the petition in numerical order or can I REVISE the petition and organize it according to my sets of arguments?
2 Answers from Attorneys
Re: Amending a Petition
You should call the judge's clerk in the department where the matter is set to be heard. Generally, a trial court judge wants a "simple" set of papers to work from. This means you should probably take your original Petition "off-calendar" and re-file the Petition with whatever amendments you want to add. Then there will only be one Petition before the Court to hear, without having amendment papers confusing matters. This costs you and additional filing fee, and requires a complete re-noticing of the matter, but it is the generally the proper way to do it.
But ask the clerk who may advise you differently.
Re: Amending a Petition
Depends on the rules of court in your state. Check in your local library or law library, there's probably a copy there; ask the reference librarian. Be sure, no matter what the rules say, to call the clerk of court (after you've figured it out as well as you can for yourself) to confirm that your understanding is how they'd like to see it. They won't give you legal advice, but they can tell you how it's normally done.