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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 21. Motions, Brief Memoranda, and Extensions of Time.

  
        (1) Motions relating to substance shall be entered upon the filing with the clerk of the supreme court of the original and 7 copies of the motion and a signed statement by counsel that a copy of the motion and notice of the filing have been mailed first class or delivered to opposing counsel. See Rule 26. Motions shall be upon good quality, nonclinging paper 8 by 11 inches in size. They shall consist of standard size typewriter characters or size 12 font produced on one side of each leaf only. The text shall be double spaced and they shall have sequentially numbered pages. 

(2) Every motion to the court shall state with particularity the grounds on which it is based and the order or relief sought. A memorandum of law, affidavits, or other papers in support of the motion may be filed with it. 

(3) The original and 7 copies of objections to a motion relating to substance may be filed within 10 days from the date the motion has been filed in the clerk's office. The grounds of objections shall be stated with particularity. A memorandum of law, affidavits, or other papers in support of the objections may be filed with the objections. 

(3-A) No reply to an objection may be filed without permission of the court received in advance. A motion for permission to file a reply must be filed within 10 days from the date the objection has been filed in the clerk's office; provided, however, that the court may act upon a motion prior to the expiration of said ten-day period. Any reply to an objection filed without prior permission of the court shall not be considered by the court.

(4) Oral argument will not be heard on any motion, except at the invitation of the court. 

(5) If a motion does not relate to substance, but relates solely to scheduling or procedure, an original and one copy shall be filed with the clerk of the supreme court, with copies to opposing counsel. See Rule 26. All motions relating solely to scheduling or procedure shall state whether opposing counsel consents. 

(6) No motion to extend time to file an appeal document will be accepted unless accompanied by the required entry fee. See also Rule 5(1). No motion for late entry of an appeal document will be accepted unless accompanied by the appeal document and the required entry fee and unless the appeal document conforms to applicable rules. Motions to extend time to file an appeal document and motions for late entry of an appeal document are not favored and shall be granted only upon a showing of exceptional circumstances.   No court or agency other than the supreme court may extend the time to file an appeal document in the supreme court or permit late entry of an appeal document in the supreme court.

(6-A).  Extensions of time to file briefs.

        (a)  Unless the scheduling order states otherwise, any party may obtain an automatic extension of no more than fifteen days within which to file briefs (or memoranda of law) by filing an original and one copy of an assented-to notice of automatic extension of time.  The notice shall affirmatively state that all parties assent to the extension, and the notice MUST set forth the new dates upon which all briefs (or memoranda of law) for all parties shall be due, including the date for reply briefs.  No such date shall be extended by more than fifteen days.  Upon the filing of the notice, the new briefing schedule set forth therein shall become effective without further order of the court.

        (b)  A maximum of two assented-to notices of automatic extension of time may be filed by the parties collectively.  Thereafter, no additional extension of time will be granted by the court absent a showing of extraordinary circumstances.

        (c)  Extensions of time of more than fifteen days, or extensions when all parties do not consent, may be requested only by motion to the court.  Extensions of more than fifteen days are not favored.

(7) A single justice may rule on all non-dispositive motions and may issue any non-dispositive order.  A single justice may rule upon requests to withdraw or dismiss an appeal filed by the appellant, may dismiss an appeal pursuant to Rule 5(4), Rule 15(2) or Rule 16(12); and may dismiss an appeal without prejudice upon procedural grounds.  Any order of a single justice shall state which justice so ruled.   

(8)  The clerk of the supreme court may rule on all motions relating to scheduling except for motions for expedited consideration, motions to extend time to file an appeal document, and motions for late entry of an appeal document. The clerk may issue briefing and other scheduling orders.  The clerk may issue orders requiring parties to file necessary documents with the court or to cure technical defects in filings, including orders requiring parties to refile a notice of appeal on the proper form.  The clerk may grant or refer to the court dispositive motions to which all parties consent, and non-dispositive motions to which no objection is filed or all parties consent except for motions to extend time to file an appeal document and motions for late entry of an appeal document. With respect to other motions filed between the issuance of the scheduling order pursuant to Rule 12-B and the date of oral argument or submission of the case on the briefs, the clerk may refer such motions to the court or issue an order to the effect that no ruling will be made on the motion prior to oral argument or submission of the case on the briefs, but that the parties may address the motion during their allotted oral argument time if oral argument is held.  In mandatory appeals, the clerk may issue orders accepting the case. Any order of the clerk shall state that it is issued pursuant to this rule. 

(9)  Any motion to reconsider an order issued by a single justice or the clerk shall be filed within ten days from the date of the issuance of the order.  A motion to reconsider an order issued by a single justice shall be referred to the court for decision.  A motion to reconsider an order issued by the clerk shall be referred to a single justice or to the court for decision.

(10) Whenever the court issues an order requiring or permitting a party to file a brief memorandum, the brief memorandum shall be entered upon the filing with the clerk of the supreme court of the original and 7 copies of the brief memorandum and a signed statement by counsel that a copy of the brief memorandum and notice of the filing have been mailed first class or delivered to opposing counsel. See Rule 26.  Brief memoranda shall be upon good quality, nonclinging paper 8 by 11 inches in size. They shall consist of standard size typewriter characters or size 12 font produced on one side of each leaf only. The text shall be double spaced and they shall have sequentially numbered pages. 

(11) Any order or decision by the court disposing of the case on the merits shall be deemed to be a denial of any pending non-dispositive motion.  

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