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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 58-A. MOTIONS FOR SUMMARY JUDGMENT.

    
    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.

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Circuit Court Probate Division Rules Table of Contents