New Hampshire Revised Statutes 536-A:5 – Show Cause Hearing
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Terms Used In New Hampshire Revised Statutes 536-A:5
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
If the defendant fails to appear at the preliminary hearing, a writ of replevin shall issue. Otherwise, upon the hearing on the order to show cause, the court shall consider the showing made by the parties appearing, and shall make a preliminary determination which party, with reasonable probability, is entitled to possession, use, and disposition of the property, pending final adjudication of the claims of the parties. If the court determines that the action is one in which a prejudgment writ of replevin should issue, it shall direct the issuance of such writ forthwith.