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RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

PROCEDURAL RULES 1 TO 34

Rule 9. Interlocutory Transfer without Ruling.

(1) The supreme court may, in its discretion, decline to accept an interlocutory transfer of a question of law without ruling by a trial court or by an administrative agency. The interlocutory transfer 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 transferring trial court or administrative agency, and a statement as to whether any transcript will be necessary to decide the question if the interlocutory transfer 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 transfer 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 or of the administrative agency transferring the question.   In addition, if a transcript will be necessary to decide the question if the interlocutory transfer is accepted by the court, then the interlocutory transfer 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 transfer statement shall have annexed to it 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 transfer statement, then the interlocutory transfer 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.

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

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