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Circuit Court District Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

CIVIL RULES

Rule 3.11. Motions.


    A. Motions for summary judgment shall be filed, defended and disposed of in accordance with the provisions of RSA 502-A:27-c and RSA 491:8-a as amended. Such motions and responses thereto shall provide specific page, paragraph, and line references to any pleadings, exhibits, answers to interrogatories, depositions, admissions, and affidavits filed with the court in support or opposition to the motion for summary judgment. Only such materials as are essential and specifically cited and referenced in the motion for summary judgment, responses, and supporting memoranda shall be filed with the court. In addition, except by permission of the court received in advance, no such motion, response, or supporting memorandum of law shall exceed twenty (20) double-spaced pages. The purpose of this rule is to avoid unnecessary and duplicative filing of materials with the court. Excerpts of documents and discovery materials shall be used whenever possible.
    
    Where a plaintiff successfully moves for summary judgment on the issue of liability or a defendant concedes liability, the parties must provide the trial judge with a statement of agreed facts sufficient to explain the case to the jury and place it in a proper context so that the jurors might more readily understand what they will be hearing in the remaining portion of the trial. Absent such an agreement on facts, the matters of liability and damages cannot be severed.
    
    If it appears to the court at any time that any motion for summary judgment, response, or affidavit has not been presented in good faith or has been presented solely for the purpose of delay, the court shall forthwith order the party and/or the attorney presenting it to pay to the other party the amount of the reasonable expenses which the filing of the motion, response, or affidavit caused the party to incur, including reasonable attorney's fees. Such additional sanctions may be imposed as justice may require.

    B. Unless the opposing party requests a hearing upon any motion within ten days after the filing thereof, he shall be deemed to have waived hearing and the Court may act thereon.

    C, D. Repealed.

    E.  (1) A motion for reconsideration or other post-decision relief shall be filed within ten (10) days of the date on the clerk's written notice of the order or decision which shall be mailed by the clerk on the date of the notice. The motion shall state, with particularity, points of law or fact that the Court has overlooked or misapprehended and shall contain such argument in support of the motion as the movant desires to present; but the motion shall not exceed ten (10) pages. To preserve issues for an appeal to the Supreme Court, an appellant must have given the Court the opportunity to consider such issues; thus, to the extent that the Court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. A hearing on the motion shall not be permitted except by order of the Court.

        (2) No answer to a motion for reconsideration or other post-decision relief shall be required unless ordered by the Court, but any answer or objection must be filed within ten (10) days of notification of the motion.

        (3) If a motion for reconsideration or other post-decision relief is granted, the Court may revise its order or take other appropriate action without rehearing or may schedule a further hearing.

        (4) The filing of a motion for reconsideration or other post-decision relief shall not stay any order of the Court unless, upon specific written request, the Court has ordered such a stay.

Commentary:

  The third sentence of paragraph (1) derives from N.H. Dep't of Corrections v. Butland , 147 N.H. 676, 679 (2002), and is not intended to preclude a party from raising an issue on appeal under the plain error rule set forth in Supreme Court Rule 16-A.


    F. Any party filing a Motion for Summary Judgment shall provide the opposing party with notice, substantially as set forth in the following form, of the obligation to file an objection and supporting affidavit within 30 days.  The form of the notice in substance shall be as follows:

NOTICE TO THE DEFENDANT/OR PLAINTIFF

 THIS MOTION FOR SUMMARY JUDGMENT IS FILED IN ACCORDANCE WITH RSA 502-A:27-c AND RSA 491:8-a.  IF YOU OBJECT TO THE FACTS SET FORTH IN THIS MOTION, YOU MUST FILE YOUR WRITTEN OBJECTION WITHIN 30 DAYS.  YOUR OBJECTION MUST BE ACCOMPANIED BY AN AFFIDAVIT SETTING FORTH SPECIFIC FACTS SHOWING THAT THERE IS A GENUINE ISSUE FOR TRIAL.  IF YOU FAIL TO FILE AN OBJECTION AND ACCOMPANYING AFFIDAVIT WITHIN 30 DAYS, THIS MOTION MAY BE ACTED UPON WITHOUT A HEARING OR TRIAL, AND JUDGMENT ENTERED IN FAVOR OF THE PARTY WHO FILED THE MOTION. 

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Circuit Court District Division Rules Table of Contents