New Hampshire Court Filing Fees, Costs, and Fee Waivers

Court filing fees in New Hampshire represent the mandatory charges assessed at point of submission for civil, family, probate, and other non-criminal filings across the state's unified court system. These fees vary by court division, case type, and the nature of the relief sought, and they directly affect access to justice for low-income litigants. A structured fee waiver mechanism exists under state statute and court rule, allowing qualifying individuals to proceed without prepayment.

Definition and scope

Filing fees in New Hampshire are administrative charges collected by the New Hampshire Judicial Branch at the time a party submits an initial pleading or certain subsequent filings. The fee structure is established under New Hampshire Revised Statutes Annotated (RSA) Title LV, Chapter 490, which governs Superior Court operations, and companion statutes covering the Circuit Court's three divisions: Family Division, District Division, and Probate Division.

The New Hampshire Judicial Branch publishes a consolidated fee schedule applicable across court divisions. Fees are not uniform — a Superior Court civil complaint carries a different fee than a Circuit Court small claims filing or a domestic petition. Fees also attach to specific procedural events beyond initial filing, including motions to continue, appeals from lower divisions, and requests for certified copies of records.

Scope and coverage: This page addresses filing fees and waiver mechanisms applicable exclusively within New Hampshire state courts. Federal court filings in the United States District Court for the District of New Hampshire operate under a separate federal fee schedule governed by 28 U.S.C. § 1914 and the Judicial Conference of the United States, and are not covered here. Municipal ordinance proceedings, administrative agency filings before bodies such as the New Hampshire Department of Employment Security, and arbitration filing costs similarly fall outside the scope of this reference. For broader regulatory context, see the regulatory context for the New Hampshire legal system.

How it works

Filing fees are assessed at the clerk's office at the moment of case initiation or at the triggering procedural event. Payment methods accepted by the Judicial Branch include cash, money order, credit card, and attorney trust account check, depending on the specific courthouse location.

The fee schedule as published by the New Hampshire Judicial Branch identifies base filing fees by case category. Representative amounts from the published schedule include:

1. Superior Court civil complaint (general): $280 at filing (NH Judicial Branch Fee Schedule)
2. Circuit Court – District Division civil complaint: $165 for claims above the small claims threshold
3. Circuit Court – Small Claims Division: $90 for claims up to $10,000 (NH RSA 503:1)
4. Circuit Court – Family Division – Divorce petition: $250 at filing
5. Circuit Court – Probate Division – Estate administration (supervised): $215 base fee
6. Notice of Appeal to the New Hampshire Supreme Court: $250

These figures reflect the published schedule and are subject to legislative or rule-based adjustment. Parties should verify current amounts directly with the New Hampshire Judicial Branch fee schedule page before filing.

Fee waiver process: RSA 490:26-a and the corresponding New Hampshire Superior Court Rules authorize waiver of filing fees for parties who demonstrate financial inability to pay. The mechanism operates in three phases:

1. Submission of Form NHJB-2296-S (or the division-specific equivalent): The applicant submits a sworn financial affidavit at the time of or before filing.
2. Judicial review: A judge or authorized clerk reviews income, household size, and expenses against poverty guidelines published by the U.S. Department of Health and Human Services.
3. Order of waiver or partial waiver: The court issues a written order. A full waiver eliminates the filing fee; a partial waiver may require installment payment.

Waiver eligibility is not discretionary on the clerk's part — it requires a judicial determination. Denial of a waiver is subject to reconsideration by the presiding judge.

Common scenarios

Three practical contexts illustrate how fee and waiver rules operate in the New Hampshire court system:

Uncontested divorce with minor children: A petition filed in the Circuit Court – Family Division carries a $250 base fee. If the petitioner qualifies for a fee waiver under RSA 490:26-a, that fee is waived. The responding party's filing of an appearance does not generate an independent filing fee in most Family Division proceedings.

Small claims action for unpaid rent or wages: Filing in the New Hampshire small claims court system costs $90 for claims at or below $10,000. A separate $50 service fee applies if the clerk is requested to arrange process service by certified mail. Fee waivers are available in small claims matters on the same financial affidavit basis.

Probate estate opening: The base $215 fee for supervised estate administration applies at the time the petition is filed in the Probate Division. Additional fees attach to subsequent filings such as inventory acceptance ($15) and account approval. For a detailed treatment of probate-specific procedural costs, see the New Hampshire probate law reference.

Decision boundaries

Fee structure and waiver eligibility diverge based on three determinative factors:

Court division: Superior Court fees are generally higher than Circuit Court fees for comparable civil matters. The $280 Superior Court civil filing fee contrasts with the $165 Circuit Court District Division fee for the same type of claim where jurisdictional thresholds permit filing in either venue.

Case type versus procedural event fees: Initial filing fees and subsequent procedural fees are distinct charges. A party who obtains a fee waiver for the initial filing does not automatically receive a waiver for all subsequent filings — each chargeable event may require a separate determination or an order explicitly covering ongoing proceedings.

Income threshold versus categorical eligibility: New Hampshire's fee waiver standard under RSA 490:26-a is income-based, not categorically automatic. Receipt of public benefits such as SNAP or Medicaid creates a rebuttable presumption of eligibility under some court interpretations, but the formal standard remains a judicial assessment of the affidavit. This contrasts with federal in forma pauperis practice under 28 U.S.C. § 1915, where statutory language governs more explicitly.

Litigants navigating the fee landscape alongside representation questions will find the New Hampshire legal self-representation reference relevant, as pro se filers are subject to identical fee obligations as represented parties. For legal aid resources that may assist with both fee waiver applications and substantive case needs, see New Hampshire legal aid organizations.

An overview of the full legal services landscape in New Hampshire, including how courts and fee structures fit within the broader system, is available at the site index.

References

• New Hampshire Judicial Branch – Fee Schedule
• New Hampshire Revised Statutes Annotated (RSA) – Title LV, Chapter 490
• New Hampshire RSA 490:26-a – Waiver of Filing Fees
• New Hampshire RSA 503:1 – Small Claims Jurisdiction
• New Hampshire Superior Court Rules
• New Hampshire Circuit Court Rules
• U.S. Department of Health and Human Services – Federal Poverty Guidelines
• 28 U.S.C. § 1914 – District Court Filing Fees
• 28 U.S.C. § 1915 – Proceedings In Forma Pauperis
• Judicial Conference of the United States – Court Fees