SB 301 – AS AMENDED BY THE SENATE

03/28/12 1409s

2012 SESSION

12-2906

05/09

SENATE BILL 301

AN ACT relative to the amendment of pleadings in landlord-tenant actions.

SPONSORS: Sen. Barnes, Jr., Dist 17; Rep. Reagan, Rock 1

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill allows the landlord to amend a writ of summons to correct minor procedural defects.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/28/12 1409s

12-2906 05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the amendment of pleadings in landlord-tenant actions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Landlord-Tenant Actions; Amendment of Pleadings. Amend RSA 540 by inserting after section 13-d the following new section:

540:13-e Amendment. Within 7 days of filing the writ of summons, the landlord may file a motion to amend the writ to correct a procedural or technical defect. The motion shall be granted in matters of form and may be granted in matters of substance under such terms as justice may require; provided, however, that the return day may not be amended.

2 Effective Date. This act shall take effect January 1, 2013.