Rule 1.26 Motions

A. (1) In Cases Not Subject to Electronic Filing. In any case filed in the family division in which the electronic filing program has not been implemented, see http://www.courts.state.nh.us/circuitcourt/efilingcourts.htm, parties may not address written communications directly to the judge.  All requests shall be by properly filed motion with certification of delivery of a copy of the motion to the other party, unless jointly filed.  No exhibits shall be attached to motions unless necessary to support an affidavit.

   (2)  In Cases Subject to Electronic Filing.  In any case filed in the family division in which the electronic filing pilot program has been implemented, see http://www.courts.state.nh.us/circuitcourt/efilingcourts.htm, parties may not address written communications directly to the judge.  All requests shall be by properly filed motion with certification of delivery of a copy of the motion to the other party, unless jointly filed.  No exhibits shall be attached to motions unless necessary to support the factual allegation(s) contained in a filing.

        B.  (1) In Cases Not Subject to Electronic Filing. In any case filed in the family division in which the electronic filing pilot program has not been implementd, see http://www.courts.state.nh.us/circuitcourt/efilingcourts.htm, the court will not hear any motion based upon facts unless the facts are verified by affidavit, or are already contained in the court record. No exhibits shall be attached to motions unless necessary to support an affidavit. The same rule will be applied as to all facts relied upon in objections to any motions.

    (2)  In Cases Subject to Electronic Filing.  In any case filed in the family division in which the electronic filing pilot program has been implemented, see http://www.courts.state.nh.us/circuitcourt/efilingcourts.htm, the court will not hear any motion based upon facts unless the moving party indicates in writing an understanding that making a false statement in the pleading may subject that party to criminal penalties or the facts are already contained in the court record. No exhibits shall be attached to motions unless necessary to support the factual allegation(s) contained in a filing. The same rule will be applied as to all facts relied upon in objections to any motions.

            C.  Any party filing a motion shall certify to the court that a good faith attempt has been made to obtain concurrence in the relief sought, except in the case of dispositive motions, motions for contempt or sanctions, or comparable motions where it can be reasonably assumed that the party or counsel will be unable to obtain concurrence.

            D.  Motions to which all parties assent or concur will be ruled upon as court time permits.

            E.  Motions that are not assented to will be held for 10 days from the filing date of the motion to allow other parties time to respond, unless justice requires an earlier Court ruling.

            F.  Motions to Reconsider:  A motion for reconsideration or other post-decision relief shall be filed within ten (10) days of the date on the Clerk’s written notice of the order or decision, which shall be mailed by the Clerk on the date of the notice.  The motion shall state, with particular clarity, points of law or fact that the Court has overlooked or misapprehended and shall contain such argument in support of the motion as the movant desires to present; but the motion shall not exceed ten (10) pages. To preserve issues for an appeal to the Supreme Court, an appellant must have given the Court the opportunity to consider such issues; thus, to the extent that the Court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. A hearing on the motion shall not be permitted except by order of the Court.

            No answer to a motion for reconsideration or other post-decision relief shall be required unless ordered by the Court, but any answer or objection must be filed within ten (10) days of notification of the motion.

            If a motion for reconsideration or other post-decision relief is granted, the court may schedule a further hearing.

            The filing of a motion for reconsideration or other post-decision relief shall not stay any order of the Court unless, upon specific written request, the Court has ordered such a stay.

Commentary:

  The third sentence of section F derives from N.H. Dep't of Corrections v. Butland , 147 N.H. 676, 679 (2002), and is not intended to preclude a party from raising an issue on appeal under the plain error rule set forth in Supreme Court Rule 16-A.