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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 8. Interlocutory Appeal From Ruling.

(1) The supreme court may, in its discretion, decline to accept an interlocutory appeal, or any question raised therein, from a trial court order or ruling. The interlocutory appeal statement shall contain (a) a list of all parties of record and their counsel, the addresses of all parties and counsel, and the New Hampshire Bar identification numbers of counsel; (b) a statement of the facts necessary to an understanding of the controlling question of law as determined by the order or ruling of the trial court, and a statement as to whether any transcript will be necessary to decide the question if the interlocutory appeal is accepted by the court; (c) a statement of the question itself; (d) a statement of the reasons why a substantial basis exists for a difference of opinion on the question and why an interlocutory appeal may materially advance the termination or clarify further proceedings of the litigation, protect a party from substantial and irreparable injury, or present the opportunity to decide, modify or clarify an issue of general importance in the administration of justice; and (e) the signature of the trial court transferring the question.  In addition, if a transcript will be necessary to decide the question if the interlocutory appeal is accepted by the court, then the interlocutory appeal statement shall also contain a Transcript Order Form.  (The Transcript Order Form appears as part of the two Notice of Appeal Forms that may be found in the appendix to these rules.)

(2) The interlocutory appeal statement shall have annexed to it a copy of the order or ruling from which interlocutory appeal is sought, a copy of any findings of fact and rulings of law relating to the order or ruling, and a copy of the pertinent text of the constitutions, statutes, ordinances, rules, regulations, insurance policies, contracts, or other documents involved in the case. If any documents are annexed to the interlocutory appeal statement, then the interlocutory appeal statement shall contain a table of contents. If a copy of the pertinent text of the constitutions, statutes and other documents aggregates more than 5 pages, it may instead be filed as a separate appendix, including a table of contents referring to numbered pages, and 8 copies shall be filed. Note: Also see Rule 26(5).

(3) The moving party shall file the original and 8 copies of the interlocutory appeal statement, accompanied by the required filing fee, within 10 days from the date on the trial court's written notice to the parties that the trial court has signed the interlocutory appeal statement.

(4) The supreme court's refusal to accept an interlocutory appeal shall be without prejudice to any challenge to the trial court's order or ruling in a subsequent appeal pursuant to Rule 7.

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