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Supreme Court Rules Table of Contents

RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

PROCEDURAL RULES 1 TO 34

Rule 13. The Record.

     

(1) The papers and exhibits filed and considered in the proceedings in the trial court or administrative agency, the transcript of proceedings, if any, and the docket entries of the trial court or administrative agency shall be the record in all cases entered in the supreme court.

(2) Generally, the trial court record is not automatically transferred to the supreme court.  Unless a party takes appropriate action to ensure that the record is before the supreme court either by filing an appendix pursuant to Rule 13(3) or by filing a motion pursuant to Rule 13(4), then the record may not be before the supreme court to be considered. The moving party shall be responsible for ensuring that all or such portions of the record relevant and necessary for the court to decide the questions of law presented by the case are in fact provided to the supreme court.  The supreme court may dismiss the case or decline to address specific questions raised on appeal for failure to comply with this requirement.

(3) The supreme court will not ordinarily review any part of the record that has not been provided to it in an appendix by a party or transmitted to it by the trial court or administrative agency.  See Rules 13(2), 17(1).  Unless a party believes that providing a copy in an appendix of a paper or exhibit filed below would be impracticable or inadequate for appellate review, a party seeking to provide a paper or exhibit to the supreme court shall file a copy of the paper or exhibit in an appendix to the party's brief, which shall be filed on or before the date established for filing the party's brief.

(4) If a party believes that providing a copy in an appendix of any papers or exhibits filed below would be impracticable or inadequate for appellate review, the party shall file a motion with the supreme court on or before the date established for filing the party's brief, requesting that the supreme court order the trial court or administrative agency to transmit the papers or exhibits in question to the supreme court.  The motion shall designate the papers and exhibits in question, and shall show cause why providing a copy in an appendix would be impracticable or inadequate for appellate review.  

(5) Neither the original nor a reproduction of the record nor any part of the record shall be transmitted to the supreme court by the trial court or administrative agency from which the questions of law have been transferred, unless a supreme court order, rule, or form expressly requires such a transmittal.

(6) In lieu of the record as defined in section (1) of this rule, the parties may prepare and sign an original and 8 copies of a statement of the case showing how the questions of law transferred arose and were decided, and setting forth only so many of the agreed facts as are essential to a decision of the questions presented.

 

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