New Hampshire Small Claims Jury Trial Request

Most people assume small claims cases are always decided by a single judge. In New Hampshire, that is true — unless the claim exceeds $1,500 and one party requests a jury trial. That request transfers the case out of the Circuit Court District Division entirely and into the county Superior Court, where different rules, different timelines, and a completely different atmosphere apply.

The $1,500 Threshold

Under RSA 503:1, III, the right to a jury trial exists only when the debt or damages claimed exceed $1,500. If the plaintiff's complaint is for $1,500 or less, that claim does not qualify by itself; a counterclaim exceeding $1,500 can give the plaintiff the right to demand a jury.

This threshold applies to the amount in the complaint, not the amount you think you owe. If the plaintiff claims $2,000 and you believe you owe $800, the complaint exceeds $1,500 and the jury option is available. The same applies to counterclaims: if you file a counterclaim exceeding $1,500, the plaintiff gains the right to request a jury trial within 14 calendar days.

How to Request a Jury Trial

The jury trial election is one of the options on the Response to Small Claim (Form NHJB-2830-De) in TurboCourt. You must select it and pay the $145 transfer fee at the time you file your response — which means before your return date.

If you miss the deadline to request a jury trial, the option is gone. There is no mechanism to request a transfer after the response window closes.

The $145 fee is paid by whichever party makes the request. If the plaintiff requests a jury trial on your counterclaim, they pay the fee.

What Changes in Superior Court

Once the jury demand is filed and the fee is paid, the Circuit Court clerk transfers the entire case file to the county Superior Court. From that point forward, the case follows Superior Court Rules of Civil Procedure and the formal Rules of Evidence. Here is what that means in practice:

Formal rules of evidence apply. In small claims, the judge can consider any relevant evidence regardless of technical objections. In Superior Court, hearsay rules, authentication requirements, and other evidentiary standards apply. Text messages or photographs that a small claims judge would accept without question may face challenges in Superior Court.

Discovery is available. Small claims prohibits formal discovery (depositions, interrogatories, requests for production). Superior Court allows them. This can be an advantage if you need documents from the plaintiff, but it also means the plaintiff can demand documents and testimony from you.

The timeline is longer. Small claims cases typically move from response to trial in a few months. Superior Court cases can take significantly longer, with scheduling conferences, discovery deadlines, and motions practice.

Attorneys are common. While both sides can still represent themselves, Superior Court proceedings are more likely to involve attorneys, which increases the formality and potential cost of the case.

When a Jury Trial Makes Sense

A jury demand is a tactical decision that should not be made lightly:

Consider it when: The case involves a large amount near the $10,000 cap, the facts are sympathetic to your position, the evidence is complex enough that multiple perspectives may help, or you believe a jury of ordinary people will view the dispute more favorably than a single judge.

Think twice when: The disputed amount is modest (transferring a $2,000 case to Superior Court adds cost and delay that may exceed the amount at stake), the facts are straightforward and best resolved quickly, or the additional formality of Superior Court is likely to complicate rather than help your case.

The Responding to a Small Claims Case in New Hampshire guide helps you evaluate the jury trial option alongside the other choices on your response form — disputing, admitting, counterclaiming, or settling.

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