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RSA 491:24 · Civil Suits Against Municipal Officials

Title
LI: COURTS
Chapter
491 · SUPERIOR COURT
Status
current
Official source linked
Yes
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491:24 Civil Suits Against Municipal Officials. –

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I.

Whenever a municipal official or individual member of a municipal board or agency, who is subject to good faith immunity under the provisions of RSA 31:104 or the common law of New Hampshire, is sued personally for money damages and the plaintiff alleges injury or damage resulting from action taken in bad faith or with malice on the part of the official or member when acting in his or her official capacity, the superior court shall hold a preliminary hearing within 90 days of the service date specified by the court on the summons.

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II.

At the hearing the plaintiff shall demonstrate that the allegation of bad faith or malice is based upon information and belief formed after reasonable inquiry and well grounded in fact and that there is a substantial likelihood that, following discovery, evidence shall be adduced sufficient to create an issue for determination by the finder of fact. If the plaintiff fails in such demonstration, the action against such official or member shall be dismissed.

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III.

If, upon all the evidence presented at the hearing, the court determines that the action is frivolous or intended to harass or to influence the official actions or decisions of the municipal official or board member, the plaintiff shall pay the court costs and reasonable attorneys' fees of the defendant. Source. 1989, 169:1, eff. Jan. 1, 1990. 2014, 204:32, eff. July 11, 2014.

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Source note

Source. 1989, 169:1, eff. Jan. 1, 1990. 2014, 204:32, eff. July 11, 2014.

Source history

  • 1989, 169:1, eff. Jan. 1, 1990
  • 2014, 204:32, eff. July 11, 2014

Related materials

Bill relationships

  • 2026 HB1641 amend · effective 2027-01-01

    is issued against a person who is currently subject to a bail order or probation, within 24 hours, excluding any weekend or holiday. 4 New Section; Restraining Orders. Amend RSA 491 by inserting after section 25 the following new section: 491:26 Transmission of Civil Restraining Orders. The clerk's office shall transmit any civil restraining order, either temporary or final, entered by the cou

  • 2026 HB1641-FN amend · effective 2027-01-01

    is issued against a person who is currently subject to a bail order or probation, within 24 hours, excluding any weekend or holiday. 4 New Section; Restraining Orders. Amend RSA 491 by inserting after section 25 the following new section: 491:26 Transmission of Civil Restraining Orders. The clerk's office shall transmit any civil restraining order, either temporary or final, entered by the cou

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    f provisions or applications, judicial injunction or construction, or any other just and proper remedy. 4 New Section; Courts; Superior Courts; Blockchain Dispute Docket. Amend RSA 491 by inserting after section 7-b the following new section: 491:7-c Blockchain Dispute Docket. I. Without limiting the jurisdiction vested in any court in the state, and subject to the appointment of a presiding justi

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    f provisions or applications, judicial injunction or construction, or any other just and proper remedy. 4 New Section; Courts; Superior Courts; Blockchain Dispute Docket. Amend RSA 491 by inserting after section 7-b the following new section: 491:7-c Blockchain Dispute Docket. I. Without limiting the jurisdiction vested in any court in the state, and subject to the appointment of a presiding justi

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    s cognizable therein for which other special provision is not made. 8 New Section; Superior Court; Exclusive Jurisdiction of Former Circuit Court Family Division Cases. Amend RSA 491 by inserting after section 7-b the following new section: 491:7-c Exclusive Jurisdiction Over Certain Former Circuit Court Family Division Cases. The superior court shall have exclusive jurisdiction over the followin

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    s cognizable therein for which other special provision is not made. 8 New Section; Superior Court; Exclusive Jurisdiction of Former Circuit Court Family Division Cases. Amend RSA 491 by inserting after section 7-b the following new section: 491:7-c Exclusive Jurisdiction Over Certain Former Circuit Court Family Division Cases. The superior court shall have exclusive jurisdiction over the followin