Making the decision to pursue a civil action in New Hampshire can feel intimidating. Ideally, you make that decision with the representation of experienced trial counsel at your side. But even with that assistance, identifying and satisfying threshold rules of law, and collecting key items and pieces of information can make the process much less challenging. Whether you are dealing with a dispute over a contract, boundary line, estate, personal injury or property damage, an important first step is collecting the evidence which supports your case. Having clear, organized records and a detailed timeline of events can help you meet the preponderance-of-the-evidence standard of proof which applies in most civil actions. This standard means you must prove that your version of the facts is more likely true than the opposing party’s version.
Duties, Deadlines & Documents
One of the key rules under New Hampshire law is the filing deadline, commonly known as the statute of limitations. In most civil causes of action, you have just three years from the date on which the incident occurred to file your action in court. Exceptions may apply for certain other statutory claims. If you miss this deadline, the court will likely dismiss your case regardless of your proof.
If your claim is serious enough to justify your time, effort and money, start by being diligent. Challenges which are unfamiliar or feel overwhelming often make people procrastinate. Avoid that temptation. Be proactive and begin collecting your paper trail. Physical evidence and documentation are very strong items of proof in a court of law. These items often include:
- Contracts or Other Memoranda: Any signed agreements.
- Financial Records: Receipts, invoices and bank statements showing money owed.
- Articles of Property or Samples of Materials: Some cases can turn on the existence or condition of certain objects or samples.
- Communications: Printed copies of emails, text messages and letters.
- Official or Professional Reports: Police, Fire, EMS reports, government records, photos of property damage and professional reports.
Keep copies of all documents and information in one place so you can find them quickly when questions come up. Organize and label each item of evidence with dates to help show a clear timeline of events.
Witnesses & Testimony
Most witnesses who are important to your case are the people who were there when the events which form the basis of your lawsuit took place. Written witness statements from these people can be helpful in pretrial negotiations, but if the case does not settle before trial, then your witnesses will have to appear in court and give live or videotaped testimony. In a courtroom trial before a Judge or Jury, New Hampshire’s Rules of Evidence apply, and they limit what information is admitted into evidence. Only that information which is deemed reliable and probative by the Judge will be admitted. For these reasons, your witnesses must appear in person to tell the court what they saw, heard and know.
Photographic & Graphic Evidence
Clear photos, diagrams and videos can be powerful tools of persuasion. They provide a visual presentation of objects, events, or the condition of people or objects at times which are central to your case. Diagrams created by either lay or expert witnesses can convey complex information in clear terms for the Judge or Jury to examine. A record of the dates, times and people who created this evidence should be collected and preserved.
Conclusion
The decision to file a civil action is a commitment to yourself or your loved ones to seek justice. The New Hampshire Judicial System has created a highly developed system and process in which people can pursue their civil claims. Once you decide you will make that commitment, gathering your evidence early will make the process easier to accomplish. Having an experienced New Hampshire trial attorney at your side will help you navigate the laws and rules which apply to your case, and will apply the art and skills of presentation when it comes time to try your case in court.