Defamation Lawsuit in New Hampshire: What to Do After Receiving a Summons – FAQ
If you've just been served with a defamation summons in New Hampshire Superior Court, you're likely feeling overwhelmed. This FAQ explains exactly what the papers mean, your immediate deadlines, what to watch out for, and why hiring an experienced attorney is a good idea.
1. What does a “Summons in a Civil Action” actually mean?
A summons is official notice from the court that someone has filed a lawsuit against you for defamation (libel or slander), intentional infliction of emotional distress, or related claims. In New Hampshire, the summons often includes a temporary hearing date for a preliminary injunction. A copy of the complaint is attached. Ignoring it is the worst thing you can do—New Hampshire courts can enter a default judgment against you, meaning the plaintiff wins without you ever presenting your side.
2. What are the most important deadlines after service?
- File an Appearance by the date listed on the summons (often the same day as the preliminary hearing).
- File an Answer or responsive pleading within 30 days after you were served.
- Electronically file everything through the NH Courts portal (www.courts.nh.gov) (www.courts.nh.gov). Self-represented litigants must register and follow the exact steps in the “Notice to Defendant” that came with your papers.
- Miss these dates and the case can be decided against you without a hearing.
Defamation cases in New Hampshire are not DIY-friendly. They involve complex legal defenses such as:
- Absolute or qualified privilege for statements made to police, DCYF, courts, or school officials (RSA 169-C:31 gives strong immunity for good-faith child-protection reports).
- Truth/substantial truth as a complete defense.
- Anti-SLAPP considerations and First Amendment issues.
4. What should I watch out for right now?
- Do not contact the plaintiff or their lawyer except through your own attorney. Any communication can be used against you.
- Preserve every document, email, text, and record related to the underlying dispute (especially prior custody, DCYF, or police matters). Do not delete anything.
- Avoid social media posts, emails, or conversations about the case or the plaintiff—republication of the same statements can create new claims.
- Watch the preliminary hearing date. This is often the first time the judge decides whether to order you to stop certain speech or actions.
- Beware of “friendly” calls or emails from the other side. They may be gathering evidence.
- Missing the electronic-filing deadline (the court is strict).
- Assuming “I was just telling the truth” is enough without proper legal proof.
- Treating the case like a family-court fight instead of a formal civil lawsuit.
- Failing to recognize that statements made during child-custody battles or to mandated reporters often carry legal protections.
High-conflict cases tied to custody or DCYF investigations can escalate quickly and become expensive if not handled by counsel from day one.
- Read the entire summons and complaint carefully.
- Gather all related paperwork from any prior family, DCYF, or police proceedings.
- Contact a NH attorney who handles defamation or civil litigation in Superior Court (Rockingham, Strafford, or Hillsborough counties are common venues).
- Register for the NH Courts electronic filing system so you (or your lawyer) can meet deadlines.
- Stop discussing the case with anyone except your lawyer.
Call Attorney Levasseur at 6030622-7575 for a free initial Consult by Phone.
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