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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 25. Summary Disposition.

 

(1) Except in a mandatory appeal, the supreme court may at any time, on its own motion and without notice or on such notice as it may order, dispose of a case, or any question raised therein, summarily. An order of summary affirmance under this rule may be entered when (a) no substantial question of law is presented and the supreme court does not disagree with the result below, or (b) the case includes the opinion of the trial court, which identifies and discusses the issues presented and with which the supreme court does not disagree, or (c) the case includes the decision of the administrative agency appealed from, and no substantial question of law is presented and the supreme court does not find the decision unjust or unreasonable, or (d) other just cause exists for summary affirmance, in which case the order shall contain a succinct statement of the reason for affirmance. An order of summary dismissal under this rule may be entered when the supreme court has not considered the merits, because the court clearly lacks jurisdiction, or other just cause for summary dismissal exists, in which case the order shall contain a succinct statement of the reason for dismissal. An order of summary reversal may be made by the supreme court under this rule for just cause and the order shall contain a succinct statement of the reason therefor.

(2) Except in a mandatory appeal, a party may move for summary disposition of a docketed case by filing an original and 7 copies of a motion for summary reversal or affirmance within 20 days of the filing of the appeal. The party shall serve a copy of the motion on the opposing party. No motion for summary disposition of a docketed case shall be accepted after 20 days from the filing of the appeal, except if such motion is for the purpose of bringing to the court's attention the effect that an opinion issued since the filing of the docketed case may have on the docketed case. The opposing party has 10 days from the date of filing of any motion for summary disposition within which to file an original and 7 copies of a response to the motion. The supreme court may at any time, on such motion or response or both, or on its own motion, without notice or on such notice as the court may order, dispose of the case summarily.

(3) The motion for summary disposition and the response to it may each be accompanied by an original and 7 copies of a memorandum of law.

(4) The filing of a motion for summary disposition and of a response shall not toll any time limitations established by law, rule, or order.

(5) Cases summarily disposed of under this rule shall not be regarded as establishing precedent or be cited as authority.

(6) In a mandatory appeal, no motions for summary affirmance or summary reversal shall be filed. No such motion shall be considered or acted upon by the court.

(7) In a mandatory appeal, any party may file a motion to dismiss the appeal based upon lack of subject matter jurisdiction, mootness, untimeliness, or other cause unrelated to the merits of the appeal. The court may, without the issuance of any order, defer ruling upon the motion until after briefs are filed and oral argument, if any, is held. Any order or decision by the court disposing of the case on the merits shall be deemed to be a denial of any pending motion to dismiss.

In a mandatory appeal, the supreme court may at any time, on its own motion and without notice or on such notice as it may order, dismiss the appeal based upon lack of subject matter jurisdiction, mootness, untimeliness, or other cause unrelated to the merits of the appeal.

(8) The supreme court may, after briefing, oral argument (if any), and consideration of the record on appeal, decide a case on the merits, or any question therein, without a statement of reasons, except that an order reversing the decision below shall contain a succinct statement of the reason therefor.

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