New Hampshire Revised Statutes 421-A:12 – Appeal to Superior Court
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I. Any party aggrieved by a decision or final order of the secretary of state under N.H. Rev. Stat. § 421-A:6 or N.H. Rev. Stat. § 421-A:11 may appeal to the superior court by filing a petition within 20 days of the date of said decision or order, setting forth that such decision is illegal, unjust or unreasonable, in whole or in part, and specifying the grounds upon which the same is claimed to be illegal, unjust or unreasonable. A copy of such petition shall be served on the secretary of state.
II. Upon the filing of an appeal, the secretary of state shall transfer to the court the record of the proceeding before him and all papers on file in his department relating to or affecting such decision or order, or a certified copy thereof. The appeal shall be given precedence over other matters then pending in the court. The scope of review by the superior court shall be limited to questions of law. After hearing and upon consideration of the record, the court may affirm, vacate or modify, in whole or in part, the decision of the secretary of state, or may remand the same to the secretary of state for further findings. In the absence of a seasonable appeal, said decision and order shall be final.
III. An appeal does not suspend the operation of the order or decision from which the appeal is taken during the pendency of the appeal unless so ordered by the court. An appeal may be taken from the judgment of the court on any appeal as an appeal is otherwise taken in civil actions.
II. Upon the filing of an appeal, the secretary of state shall transfer to the court the record of the proceeding before him and all papers on file in his department relating to or affecting such decision or order, or a certified copy thereof. The appeal shall be given precedence over other matters then pending in the court. The scope of review by the superior court shall be limited to questions of law. After hearing and upon consideration of the record, the court may affirm, vacate or modify, in whole or in part, the decision of the secretary of state, or may remand the same to the secretary of state for further findings. In the absence of a seasonable appeal, said decision and order shall be final.
Terms Used In New Hampshire Revised Statutes 421-A:12
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. An appeal does not suspend the operation of the order or decision from which the appeal is taken during the pendency of the appeal unless so ordered by the court. An appeal may be taken from the judgment of the court on any appeal as an appeal is otherwise taken in civil actions.