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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 21A. Motions for Recusal.

A motion for recusal shall: (1) be made in writing, (2) state clearly and concisely in separately numbered paragraphs each ground relied upon as a basis for recusal together with the facts alleged in support thereof and, if applicable, citations to any pertinent provision of Supreme Court Rule 38, The Code of Judicial Conduct, (3) contain a verification by affidavit of any facts upon which the motion is grounded, unless the facts are apparent from the record or from the papers on file in the case, or are agreed to and stated in a writing signed by the parties or their attorneys, (4) except for good cause shown, be filed with the court by the appealing party with the notice of appeal or by another party within twenty (20) days of the filing of the appeal, and (5) certify the date or dates when the movant first became aware of the facts set forth in the motion.

Except for good cause shown, failure to file a timely motion for recusal shall be deemed a waiver of the movant's right to request recusal.

The Court's ruling on the motion shall issue promptly. If the motion is denied, the Courtís ruling shall be supported by findings of fact with respect to the allegations contained in the motion.

A motion for recusal shall be decided by the justice whose recusal is being sought.  A motion to reconsider any such order shall be referred to the court for decision.

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