New Hampshire Small Claims Motion to Reconsider

You lost your small claims case in New Hampshire. The judge's decision feels wrong — maybe they misunderstood a key fact, misapplied a rule, or overlooked a critical piece of evidence. You have options, but the window is narrow. A motion to reconsider must be filed within 10 calendar days, and an appeal to the Supreme Court must be filed within 30 calendar days. Here is how each works.

The 10-Day Motion to Reconsider

Under District Division Rule 4.8, a Motion for Reconsideration must be filed within 10 calendar days of the date on the clerk's written notice of the decision. Not the date of the hearing, and not the date you received the notice — the date printed on the notice itself.

The motion must identify specific points of law or fact that the court overlooked or misapprehended. The judge is not going to reopen the case and rehear all the evidence. You need to point to something concrete: the court miscalculated the amount, ignored a contract provision that controls the dispute, applied the wrong legal standard, or missed a piece of evidence you presented.

Broad statements like "the decision was unfair" or "the judge did not listen to my side" are not enough. The motion must show the court what went wrong and why the result should be different.

Filing a Motion for Reconsideration does not automatically stop enforcement. The plaintiff can still try to collect the judgment while the motion is pending. If you need to pause enforcement, you must explicitly request a stay in the same motion — and the court may or may not grant it.

The 30-Day Appeal to the Supreme Court

Under RSA 503:14 and Rule 4.9, a party can appeal a final small claims judgment to the New Hampshire Supreme Court within 30 calendar days of the rendition of judgment or notice of judgment, whichever is later.

Small claims appeals are limited strictly to questions of law. The Supreme Court does not conduct a new trial or hear new evidence. It reviews the trial record for questions of law.

Filing a motion for reconsideration first can preserve issues for appeal and gives the trial judge a chance to correct an obvious error without the time and expense of an appellate proceeding.

Post-Judgment Interest

While you are deciding whether to challenge the decision, interest is accruing. Under RSA 524:1-a, post-judgment interest runs at a flat 10% per annum. On a $5,000 judgment, that is $500 per year — roughly $42 per month — adding up from the date of the judgment.

If you ultimately owe the judgment and cannot pay it all at once, the plaintiff can file a Motion for Periodic Payments ($25 fee) under Rule 4.10 after the 30-day post-judgment period if no appeal is pending. The court then schedules a payment ability hearing where you complete a confidential Statement of Assets and Liabilities. Based on your financial situation, the judge may order installment payments. Exempt income — Social Security, disability benefits, and protected public assistance — cannot be used to satisfy the judgment.

Choosing the Right Post-Decision Path

• Motion to Reconsider if the trial judge made an identifiable error you can point to — fastest and cheapest option, but the same judge decides
• Supreme Court Appeal if the error is a question of law and worth the time and cost of appellate proceedings — this is not a second trial
• Negotiate a payment arrangement if the judgment is valid and you need to manage the financial impact
• Pay the judgment to stop interest from accruing and close the case

The Responding to a Small Claims Case in New Hampshire guide includes a post-decision timeline tracker that maps the 10-calendar-day reconsideration window from the clerk's written notice and the 30-calendar-day appeal window from the rendition or notice of judgment, whichever is later.

See more New Hampshire guides →