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Circuit Court Probate Division Rules Table of Contents

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

Rule 46. CONTINUANCES - Unavailability of a Material Witness.

 

(a) In Cases Not Subject to Electronic Filing.

In any case filed in the probate division in which the electronic filing pilot program has not been implemented, see http://www.courts.state.nh.us/circuitcourt/efilingcourts.htm, no motion for a continuance based on the unavailability of material testimony shall be granted, unless supported by an affidavit stating the name of the witness, if known, whose testimony is unavailable, the particular facts the witness is expected to prove with the grounds of such expectation, and what has been done to procure his or her attendance or deposition, so that the court may determine whether due diligence has been exercised for that purpose. No action shall be continued on such motion if the adverse party will agree that the affidavit shall be received and considered as evidence in like manner as if the witness were present and had testified to the facts therein stated, and such agreement shall be in writing at the foot of the affidavit and signed by the self-represented party or attorney.

(b) In Cases Subject to Electronic Filing.

In any case filed in the probate division in which the electronic filing pilot program has been implemented, see http://www.courts.state.nh.us/circuitcourt/efilingcourts.htm, no motion for a continuance based on the unavailability of material testimony shall be granted, unless supported by a statement containing the name of the witness, if known, whose testimony is unavailable, the particular facts the witness is expected to prove with the grounds of such expectation, and what has been done to procure his or her attendance or deposition, so that the court may determine whether due diligence has been exercised for that purpose. This statement shall be signed and shall indicate in writing the person’s understanding that making a false statement in the pleading may subject that person to criminal penalties. No action shall be continued on such motion if the adverse party will agree that the statement shall be received and considered as evidence in like manner as if the witness were present and had testified to the facts therein stated, and such agreement shall be in writing at the foot of the statement and signed by the self-represented party or attorney.


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