Circuit Court Probate Division Rules Table of Contents
In accordance with RSA 547:11-f, as amended, the following
procedures shall govern Motions for summary judgment in the Probate Court.
Motions for summary judgment shall be filed, defended and disposed of in
accordance with the provisions of RSA 491:8-a, as amended, which is incorporated
herein. 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 Court with a statement of agreed facts sufficient to explain the
case and place it in a proper context so that the Court might more readily
understand what it 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 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 or affidavit caused the
Party to incur, including reasonable attorney's fees. Such additional sanctions
may be imposed as justice may require.