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RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

PROCEDURAL RULES 1 TO 34

Rule 12-D.  SUMMARY PROCEDURES ON APPEAL 

(1)  Selection of Cases.    

    (a)  By order of the court, consistent with the criteria set out at paragraph (5) below, any case may be set for oral argument before a panel of three justices (3JX panel).    

    (b)  Any party may request or consent that a case be set for oral argument before a 3JX panel.  The court will consider and act upon such request, based upon criteria set out at paragraph (5) below.  

    (c)  The court may direct that the matter be submitted on briefs, without oral argument, to a 3JX panel.  See Rule 18(1). 

    (d)  Except as noted in this rule, the procedure for cases assigned to a 3JX panel shall be the same as otherwise provided in these rules.  Any motions made in a case assigned to a 3JX panel shall be acted upon by the panel.  The panel may, in its discretion, refer any such motion to the full court for resolution.  

(2)  Disposition after Argument Before Three Justices; Additional Briefing, etc.  

    (a)  Any case which has been heard by a 3JX panel shall be decided by unanimous order of the three justices.  If the panel cannot reach a unanimous decision, it shall direct that the case be decided by the full court.  The panel may order that a case be decided by the full court in such other circumstances as it deems appropriate.  The panel may, prior to determining that a unanimous decision cannot be reached, require additional briefing.  If decision by the full court is ordered, the court may issue an additional order setting forth matters to be reargued or rebriefed.

    (b)  Unless the court orders otherwise, whenever a 3JX panel directs after oral argument that a case be decided by the full court, no further oral argument shall be held and the members of the court who were not on the 3JX panel shall listen to the recording of the 3JX oral argument before deciding the case.   

(3)   Nonprecedential Status of Orders.  An order issued by a 3JX panel shall have no precedential value and shall not be cited in any pleadings or rulings in any court in this state; provided, however, that such order may be cited and shall be controlling with respect to issues of claim preclusion, law of the case and similar issues involving the parties or facts of the case in which the order was issued.

(4)  [Repealed.]   

(5)  Criteria for Selection of Cases for 3JX Panel.  Cases suitable for oral argument before a 3JX panel include, but are not limited to:  

    (a)  appeals involving claims of error in the application of settled law;  

    (b)  appeals claiming an unsustainable exercise of discretion where the law governing that discretion is settled;  

    (c)  appeals claiming insufficient evidence or a result against the weight of the evidence.  

(6)  Briefing, Argument, etc.    

    (a)   In all cases selected for oral argument before a 3JX panel, briefs shall be limited to 35 pages, exclusive of the table of contents, tables of citations and any addendum containing pertinent texts of constitutions, statutes, rules, regulations and other such matters.  Reply briefs shall be limited to 10 pages.

    (b)  Oral argument will be limited to five minutes per side. In the event of multiple parties on the same side, the court may determine, either upon its own motion or upon motion of a party, an appropriate amount of time for oral argument.               

(7)  Motion for Rehearing or Reconsideration.  Motions for rehearing or reconsideration of any order assigning a case to a three-justice panel or of any order issued by a three-justice panel shall be governed by Rule 22

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