New Hampshire Bar Exam Distinctions

NEW HAMPSHIRE BAR EXAM DISTINCTIONS

New Hampshire has adopted the Uniform Bar Examination (UBE), so the substantive law tested on the MBE, MEE, and MPT is the generally accepted national majority law rather than New Hampshire-specific doctrine. Even so, a thorough examinee should know the points at which New Hampshire law diverges from the national rules—both because a localized essay can call for them and because anyone who intends to practice in New Hampshire must internalize the differences before advising clients. This page is the single source of truth for those New Hampshire departures. (New Hampshire also offers the distinctive Daniel Webster Scholar Honors Program, an alternative two-year, practice-based path to admission for select law students at the University of New Hampshire.)

📘 This page covers only where New Hampshire law departs from the national MBE/MEE doctrine. For the universal law, see the MBE Subject Outlines and MEE Subject Outlines.

I. EXAM FORMAT & SCORING

A. Uniform Bar Examination

NH Rule: New Hampshire administers the UBE, consisting of the Multistate Bar Examination (MBE, 200 multiple-choice questions), the Multistate Essay Examination (MEE, six 30-minute essays), and the Multistate Performance Test (MPT, two 90-minute tasks). The MBE is weighted 50%, the MEE 30%, and the MPT 20%.

B. Passing Score and Transferability

NH Rule: New Hampshire requires a minimum scaled UBE score of 270 (out of 400)—on the higher end of UBE cut scores. Because the score is portable, an applicant may transfer a qualifying UBE score earned in another UBE jurisdiction within the allowed transfer window. National note: passing-score thresholds vary among UBE states (260 to 270); New Hampshire's 270 is comparatively demanding.

C. New Hampshire-Specific Admission Requirements

NH Rule: In addition to the UBE score, New Hampshire requires passing the Multistate Professional Responsibility Examination (MPRE) and a character-and-fitness review. The Daniel Webster Scholar Honors Program at UNH Franklin Pierce School of Law allows selected students to be admitted without taking the bar exam, through a rigorous practice-based curriculum and portfolio assessment—a nationally notable alternative pathway. New Hampshire does not impose a separate state-law essay component beyond the UBE.

ESSAY WRITING TIP: Because New Hampshire tests the UBE, your essays are graded against national majority rules—never write "New Hampshire law provides…" on an MEE answer unless the question expressly tells you to apply a named jurisdiction's law. State the majority rule, apply it cleanly, and reserve New Hampshire distinctions for your post-bar practice knowledge.

NEW HAMPSHIRE BAR TIP: The 270 cut score is high—a score that passes a 266-state still passes here, but lower-cut scores will not transfer up. If you are a UNH law student, evaluate the Daniel Webster Scholar path early, because it substitutes for the bar exam entirely.

II. CIVIL PROCEDURE

A. Statutes of Limitations

NH Rule: New Hampshire uses a notably uniform limitations scheme: most personal-injury and general civil actions carry a three-year statute of limitations (N.H. Rev. Stat. Ann. § 508:4), including personal injury, property damage, and many contract claims, subject to a discovery rule. Medical-injury actions also generally run three years from the act or omission (with discovery and repose limits). National: many states use a two-year tort period; New Hampshire's three-year period applies broadly across tort and contract.

B. State Court Structure and Pleading

NH Rule: The New Hampshire Superior Court is the court of general jurisdiction; the Circuit Court (district, probate, and family divisions) handles smaller civil, probate, and family matters. New Hampshire follows notice-pleading principles under its Rules of Civil Procedure, which broadly resemble the federal model. National (federal): an action commences upon filing.

C. Personal Jurisdiction and Venue

NH Rule: New Hampshire's long-arm jurisdiction extends to the limits of federal due process, so minimum-contacts analysis governs. National: the constitutional analysis is the same as the MBE tests.

ESSAY WRITING TIP: On a Civil Procedure MEE you apply the Federal Rules, not New Hampshire procedure. The uniform three-year SOL and the Superior/Circuit Court structure are practice points—keep them out of your essay unless a question localizes to New Hampshire.

NEW HAMPSHIRE BAR TIP: The broad three-year limitations period under § 508:4 is the workhorse rule—when in doubt on a New Hampshire civil claim, three years from accrual (or discovery) is the default. Always confirm any specialized period and watch the repose limits for medical injuries.

III. EVIDENCE

A. New Hampshire Rules of Evidence vs. Federal Rules

NH Rule: New Hampshire has adopted its own New Hampshire Rules of Evidence, patterned on the Federal Rules of Evidence and largely parallel in numbering and substance. Most distinctions are minor; the state rules govern in state court while the FRE govern in federal court. National: the FRE control on the MBE.

B. Privileges and Expert Testimony

NH Rule: New Hampshire recognizes the usual statutory and common-law privileges (attorney-client, spousal, clergy, and a physician-patient privilege by statute). For expert testimony, New Hampshire applies a reliability-based gatekeeping standard consistent with Daubert (and codified by statute, RSA 516:29-a), so the state aligns with the federal approach. National: Daubert governs federally and in many states; New Hampshire conforms.

ESSAY WRITING TIP: The MBE and MEE test the FRE and Daubert. New Hampshire's evidence rules are FRE-parallel and its expert standard tracks Daubert, so apply the federal rule without inventing a New Hampshire wrinkle.

NEW HAMPSHIRE BAR TIP: New Hampshire codified the Daubert reliability standard in RSA 516:29-a—brief expert challenges under the statutory reliability factors in state court.

IV. FAMILY LAW

A. No-Fault Dissolution

NH Rule: New Hampshire allows both no-fault and fault-based divorce. The no-fault ground is irreconcilable differences causing the irremediable breakdown of the marriage; traditional fault grounds (adultery, extreme cruelty, abandonment, habitual drunkenness, etc.) remain available and can bear on the case. National (MEE): majority no-fault principles, which New Hampshire follows while retaining fault grounds.

B. Property Division—Equitable, Not Community

NH Rule: New Hampshire is an equitable distribution state, not a community-property state, and applies a distinctive presumption that an equal division is equitable (RSA 458:16-a), rebuttable by statutory factors. Notably, New Hampshire defines the divisible estate broadly to include essentially all property owned by either spouse, whether acquired before or during the marriage or by gift/inheritance—courts may divide separate as well as marital property, a comparatively expansive approach. National: most equitable-distribution states exclude separate/inherited property; New Hampshire's all-property approach is a notable departure.

C. Support

NH Rule: New Hampshire uses child-support guidelines based on parental income. Alimony was substantially reformed (effective 2019) to use a formula-based, generally durational model tied to the length of the marriage. National (MEE): apply the UMDA framework; New Hampshire's formula alimony is practice detail.

ESSAY WRITING TIP: On an MEE family-law essay, apply the UMDA framework and majority equitable-distribution principles. New Hampshire's all-property divisible-estate rule and formula alimony are practice tools, not MEE content.

NEW HAMPSHIRE BAR TIP: New Hampshire's "all property is on the table" rule surprises practitioners from other states—premarital and inherited assets are potentially divisible, so the equal-division presumption operates against an unusually broad estate. Document separate-property claims carefully to rebut the presumption.

V. WILLS, TRUSTS, AND ESTATES

A. Will Execution

NH Rule: A valid will requires a writing signed by the testator (or by another at the testator's express direction in the testator's presence) and signed by at least two credible witnesses who sign in the testator's presence (RSA 551:2). New Hampshire does not recognize holographic (unwitnessed handwritten) wills executed in the state. Self-proving affidavits are recognized. National (UPC): two witnesses; the UPC also allows holographic wills, so New Hampshire departs from the UPC by rejecting holographs.

B. Elective Share

NH Rule: New Hampshire protects a surviving spouse through a "waiver of will" elective share (RSA 560:10), under which a surviving spouse who waives the provisions of the will takes a statutory share of the decedent's estate (a fraction that depends on whether the decedent left issue or other kin). This is a traditional fractional elective share rather than the UPC's augmented-estate sliding scale. National (UPC): augmented-estate sliding-scale elective share; New Hampshire uses a simpler statutory-fraction approach.

C. Intestacy and Trusts

NH Rule: New Hampshire's intestacy statute (RSA 561) gives the surviving spouse a share that varies with surviving issue and parents (e.g., a base amount plus a fraction when there are surviving issue who are not all the spouse's). New Hampshire has adopted the Uniform Trust Code and is a leading modern trust jurisdiction—it permits perpetual (dynasty) trusts by repealing the rule against perpetuities for trusts, and is known for favorable directed-trust and asset-protection-trust statutes. National: most states retain some perpetuities limit; New Hampshire's trust-friendly regime is distinctive.

D. Homestead

NH Rule: New Hampshire provides a statutory homestead exemption (RSA 480) protecting a set dollar amount of equity in a residence from most creditors, and the surviving spouse retains a homestead right. National: amounts vary; New Hampshire's is a fixed statutory figure.

ESSAY WRITING TIP: On an MEE estates essay, apply the UPC where the question is national. The New Hampshire traps to remember are the rejection of holographic wills and the traditional statutory-fraction (rather than augmented-estate) elective share—use them only when a question localizes to New Hampshire.

NEW HAMPSHIRE BAR TIP: For New Hampshire clients, never rely on a holographic instrument—use two witnesses and a self-proving affidavit. New Hampshire's perpetual-trust and asset-protection statutes make it a destination jurisdiction for sophisticated estate planning.

EXAMPLE: A testator handwrites and signs a will at her New Hampshire home with no witnesses. Under the UPC this could be a valid holographic will; in New Hampshire it is invalid, and the estate passes by intestacy.

VI. REAL PROPERTY

A. Recording Act

NH Rule: New Hampshire is a notice jurisdiction (RSA 477:3-a). A subsequent good-faith purchaser for value who takes without notice of a prior unrecorded interest prevails over that interest, whether or not the subsequent purchaser records first. National: recording acts are notice, race, or race-notice; New Hampshire's pure notice rule turns on good-faith lack of notice.

B. Adverse Possession

NH Rule: New Hampshire's adverse-possession period is twenty years (RSA 508:2), with the usual elements of actual, open, notorious, hostile, exclusive, and continuous possession. National: periods range widely (commonly 10 or 20 years); New Hampshire's is on the longer end at 20.

C. Homestead

NH Rule: As above, New Hampshire's homestead exemption (RSA 480) protects a fixed dollar amount of residential equity. National: amounts vary.

D. Foreclosure

NH Rule: New Hampshire principally uses nonjudicial foreclosure by power of sale where the mortgage contains a power-of-sale clause (RSA 479:25), which is the dominant residential method, with statutory notice requirements. Judicial foreclosure (entry and possession) is also available. New Hampshire generally does not provide a statutory post-sale right of redemption after a power-of-sale foreclosure. National: states split judicial/nonjudicial; New Hampshire's power-of-sale process without post-sale redemption is characteristic of the region.

ESSAY WRITING TIP: An MEE Real Property essay will give you the recording-act type or expect you to discuss all three. If the facts read like New Hampshire, apply the pure notice rule: a later BFP without notice wins even without recording first.

NEW HAMPSHIRE BAR TIP: New Hampshire's 20-year adverse-possession period is long—claims mature slowly. And in foreclosure, the power-of-sale process moves quickly with no post-sale redemption, so distressed borrowers must act before the sale.

VII. TORTS

A. Comparative Negligence—Modified (51% bar)

NH Rule: New Hampshire applies modified comparative negligence under the 51% rule (RSA 507:7-d). A plaintiff may recover only if the plaintiff's fault is not greater than the combined fault of the defendants—recovery is barred at 51% or more but permitted (reduced) at 50% or less. National (MBE): the MBE default is pure comparative negligence. New Hampshire departs: it is a modified 51% jurisdiction.

B. Joint and Several Liability

NH Rule: New Hampshire has modified joint and several liability by statute (RSA 507:7-e). A defendant who is found 50% or more at fault may be jointly and severally liable, while a defendant less than 50% at fault is generally liable only for its proportionate (several) share. National: New Hampshire's threshold approach reallocates exposure away from minor tortfeasors.

C. Dram Shop Liability

NH Rule: New Hampshire imposes statutory dram-shop liability (RSA 507-F) on licensed servers who negligently or recklessly serve alcohol to an intoxicated person or a minor, where that service causes injury, subject to statutory standards and limits. National: dram-shop liability is statutory and varies; New Hampshire's act is established.

D. Damage Caps

NH Rule: New Hampshire generally does not cap compensatory damages in ordinary tort actions; the New Hampshire Supreme Court has held caps on noneconomic personal-injury damages unconstitutional under the state constitution. New Hampshire does not permit punitive damages at all (RSA 507:16)—only "enhanced compensatory damages" for egregious conduct. National: many states cap noneconomic damages and allow punitive damages; New Hampshire bars punitive damages outright, a significant departure.

ESSAY WRITING TIP: The MBE default is pure comparative negligence. If a question localizes to New Hampshire, apply the modified 51% bar (recovery only if not greater than the defendants' combined fault). And flag that New Hampshire does not allow punitive damages—only enhanced compensatory damages.

NEW HAMPSHIRE BAR TIP: The no-punitive-damages rule is a frequent surprise—never plead "punitive damages" in New Hampshire; plead enhanced compensatory damages for wanton or malicious conduct. And analyze the 50% joint-liability threshold for each multi-defendant case.

EXAMPLE: A plaintiff is found 50% at fault for a $100,000 injury. In New Hampshire the plaintiff recovers $50,000 (not barred). At 51% fault, the plaintiff recovers nothing.

VIII. CONTRACTS AND UCC

A. Statute of Frauds and UCC

NH Rule: New Hampshire's Statute of Frauds (RSA 506) follows the familiar categories—land, contracts not performable within one year, suretyship, contracts in consideration of marriage—and, under the UCC (RSA tit. XXXIV-A), sales of goods of $500 or more. National (MEE): UCC questions are tested against the uniform text, which New Hampshire substantially follows.

ESSAY WRITING TIP: Contracts and UCC essays are pure majority/UCC law—New Hampshire offers essentially no departures here, so apply the Restatement (Second) and the UCC straight.

NEW HAMPSHIRE BAR TIP: When perfecting an Article 9 security interest in New Hampshire, file with the Secretary of State; substantive priority rules are uniform.

IX. BUSINESS ENTITIES

A. Corporations and LLCs

NH Rule: New Hampshire corporations are governed by the New Hampshire Business Corporation Act (RSA 293-A), which is substantially based on the Model Business Corporation Act. New Hampshire LLCs are governed by RSA 304-C, and partnerships by the Uniform Partnership Act (RSA 304-A). National (MEE): tested against MBCA/RUPA/RULLCA generalities, which New Hampshire closely follows.

ESSAY WRITING TIP: Business-entity MEE answers apply the MBCA and uniform partnership/LLC acts. Because New Hampshire's corporate act is MBCA-based, your essay rule and New Hampshire law largely coincide.

NEW HAMPSHIRE BAR TIP: New Hampshire has no general sales tax and no broad personal income tax, which (with its trust statutes) makes it an attractive domicile for entities and trusts; confirm the Business Profits Tax and Business Enterprise Tax implications in entity planning.

X. PROFESSIONAL RESPONSIBILITY

A. New Hampshire Rules of Professional Conduct vs. ABA Model Rules

NH Rule: New Hampshire has adopted the New Hampshire Rules of Professional Conduct, modeled on the ABA Model Rules with state-specific modifications, enforced by the Attorney Discipline Office and the Professional Conduct Committee. The MPRE tests the ABA Model Rules, so for the exam the ABA standards control. National: the MPRE applies the ABA Model Rules.

ESSAY WRITING TIP: The MPRE and any PR essay apply the ABA Model Rules. Do not cite New Hampshire's variations on the exam unless instructed; reserve them for practice.

NEW HAMPSHIRE BAR TIP: New Hampshire's trust-account rules are strictly enforced; master the New Hampshire IOLTA requirements before opening a practice.

XI. CRIMINAL LAW AND PROCEDURE NOTES

A. Substantive Criminal Law

NH Rule: New Hampshire's criminal code (RSA 625 et seq.) is heavily influenced by the Model Penal Code, so its culpability and offense structure align fairly closely with MPC principles tested on the MBE—though statutory grading of homicide and theft differs in labeling. New Hampshire abolished the death penalty in 2019 (prospectively). National (MBE): tests common-law and MPC principles; New Hampshire's MPC orientation makes it a closer fit than some states.

B. Search, Seizure, and Confessions

NH Rule: New Hampshire courts have at times construed Part I, Article 19 of the New Hampshire Constitution to provide greater protection than the federal Fourth Amendment in search-and-seizure contexts. National (MBE): the federal constitutional floor governs the MBE.

ESSAY WRITING TIP: Criminal MBE questions apply common-law/MPC definitions and the federal constitutional floor. Do not import New Hampshire's enhanced state-constitutional protections into an exam answer.

NEW HAMPSHIRE BAR TIP: When litigating suppression motions in New Hampshire, argue Part I, Article 19 alongside the Fourth Amendment—the state constitution has been independently construed to grant greater protection, and preserving the state ground can win where the federal claim fails.

XII. NEW HAMPSHIRE DISTINCTIONS CHECKLIST

1. UBE jurisdiction—minimum passing score 270; MBE/MEE/MPT weighted 50/30/20; score transferable; distinctive Daniel Webster Scholar bar-exam-alternative path at UNH.
2. Civil Procedure—broad three-year SOL for most tort and contract actions (§ 508:4); Superior Court general jurisdiction, Circuit Court for smaller/probate/family matters.
3. Evidence—own New Hampshire Rules of Evidence (FRE-based); Daubert codified (RSA 516:29-a); statutory physician-patient privilege.
4. Family Law—no-fault (irreconcilable differences) plus fault grounds; equitable distribution with an equal-division presumption over an all-property divisible estate (separate/inherited property divisible); formula alimony.
5. Estates—two witnesses; no holographic wills; traditional statutory-fraction elective share (waiver of will, RSA 560:10), not augmented estate; UTC adopted; perpetual/dynasty and asset-protection trusts; homestead exemption.
6. Real Property—notice recording act; 20-year adverse possession; power-of-sale nonjudicial foreclosure with no post-sale redemption.
7. Torts—modified comparative negligence (51% bar); joint-and-several liability only for defendants ≥50% at fault; dram-shop liability (RSA 507-F); no punitive damages (only enhanced compensatory); generally no compensatory damage caps.
8. Contracts/UCC—UCC adopted; standard Statute of Frauds; few departures.
9. Business Entities—MBCA-based corporate act (RSA 293-A); RSA 304-C LLCs; no general sales/income tax.
10. Professional Responsibility—New Hampshire RPC based on ABA Model Rules; strict trust-account enforcement.
11. Criminal—MPC-influenced code; death penalty abolished (2019); state constitution (Pt. I, Art. 19) may exceed federal search-and-seizure protection.