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Superior Court Rules Table of Contents

RULES OF THE SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE APPLICABLE IN CRIMINAL CASES FILED IN SUPERIOR COURT

 

[Editor’s note: The rules that follow were, prior to October 1, 2013, titled Rules of the Superior Court of the State of New Hampshire. Effective October 1, 2013, these rules applied only in criminal cases filed in Superior Court and in domestic relations cases filed in the Cheshire County Superior Court. Effective December 16, 2013 these rules apply only in criminal cases filed in Superior Court. For civil cases filed or pending in Superior Court on or after October 1, 2013, see the Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions.]

CONTINUANCES, POSTPONEMENTS AND SETTLEMENTS


    46. No motion for a continuance, grounded on the want of material testimony, will be granted, unless supported by an affidavit stating the name of the witness, if known, whose testimony is wanted, the particular facts he is expected to prove with the grounds of such expectation, and what has been done to procure his attendance or deposition, so that the Court may determine whether due diligence has been used for that purpose. No action shall be continued on such motion, if the adverse party will agree that the affidavit shall be received and considered as evidence in like manner as if the witness were present and had testified to the facts therein stated; and such agreement shall be in writing at the foot of the affidavit and signed by the party or his attorney.


    47. The same rule shall apply, with necessary changes, when the motion is grounded on the want of any material document, paper or other evidence of like nature; or on the absence of a material witness whom the party deems it necessary to have upon the stand.


    48. Continuances granted shall be upon such terms as the Court may order.


    49. All motions for continuance or postponement in a civil action or equity proceeding shall be signed and dated by counsel. Other counsel wishing to join in any such motion shall also do so in writing. Each motion shall contain a certificate by counsel that the client has been notified of the reasons for the continuance or postponement, has assented thereto either orally or in writing, and has been forwarded a copy of the motion.

    All such motions shall be filed within ten days from the date of the mailing of the notice of a hearing or trial. Any such motion that is filed after ten days from the date of the mailing of such notice shall not be considered by the Court, except for good cause expressly shown in the motion and supporting affidavit to have arisen after the ten days have passed.


    49-A.  Where a trial has been scheduled in one case prior to the scheduling of another matter in another court, or elsewhere, where an attorney or party has a conflict in date and time, the case first scheduled shall not be subject to a continuance because of the subsequently scheduled matter which is in conflict as to time and date except as follows:

        (a) A subsequently scheduled case involving trial by jury in a District, Superior, or Federal District Court, or argument before the Supreme Court.

        (b) Unusual circumstances causing the respective courts to agree that an order of precedence other than the above shall take place.


    50. All actions will be in order for trial during the term at which they are entered and, notwithstanding agreements of counsel, will not be continued or postponed except for good cause shown, and upon such terms as the Court may order. All requests for continuances or postponements shall be made by written motions setting forth the grounds relied on.


    50-A. All grounds for recusal that are known or should reasonably be known prior to trial or hearing shall be incorporated in a written motion for recusal and filed promptly with the Court. Grounds for recusal that first become apparent at the time of or during the hearing shall be immediately brought to the attention of the judge. Failure to raise a ground for recusal shall constitute a waiver as specified herein of the right to request recusal on such ground. If a record of the proceedings is not available, the trial judge shall make a record of the request, the Court's findings, and its order.  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.


    51. Whenever an attorney states orally or in writing to the clerk that a particular case has been settled and that agreements and/or docket markings, and the ADR report will be filed, the clerk shall forthwith notify by mail the parties of record or their attorneys of such statement.  If the  agreements and/or docket markings, and the ADR report are not filed within thirty days after the mailing of such notice, the court shall take such action as justice may require including scheduling a show-cause hearing and imposing sanctions appropriate to the circumstances, if necessary.


    52. In actions continued for notice, when the order of notice issued thereafter has not been complied with, the action will be discontinued sixty days after the return day named in said order of notice, unless an affidavit of the party showing good cause why it should not be discontinued is filed prior to the expiration of said sixty days. An affidavit of the attorney will not be sufficient. All actions continued for notice will be discontinued thirty days after the original return day unless prior to that time an order of notice has been requested, or further continuances are granted for not more than thirty days upon motion for good cause shown.


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