RULES OF THE DISTRICT COURTS OF THE STATE OF NEW HAMPSHIRE CIVIL RULESRule 3.11. Motions.

Rule 3.11. Motions.

RULES OF THE DISTRICT COURTS OF THE STATE OF NEW HAMPSHIRE

CIVIL RULES

Rule 3.11. Motions.

A. Motions for summary judgment shall be filed, defended and disposed of in accordance with the provisions of RSA 502-A:27-c and RSA 491:8-a as amended. Such motions and responses thereto shall provide specific page, paragraph, and line references to any pleadings, exhibits, answers to interrogatories, depositions, admissions, and affidavits filed with the court in support or opposition to the motion for summary judgment. Only such materials as are essential and specifically cited and referenced in the motion for summary judgment, responses, and supporting memoranda shall be filed with the court. In addition, except by permission of the court received in advance, no such motion, response, or supporting memorandum of law shall exceed twenty (20) double-spaced pages. The purpose of this rule is to avoid unnecessary and duplicative filing of materials with the court. Excerpts of documents and discovery materials shall be used whenever possible.

Where a plaintiff successfully moves for summary judgment on the issue of liability or a defendant concedes liability, the parties must provide the trial judge with a statement of agreed facts sufficient to explain the case to the jury and place it in a proper context so that the jurors might more readily understand what they will be hearing in the remaining portion of the trial. Absent such an agreement on facts, the matters of liability and damages cannot be severed.

If it appears to the court at any time that any motion for summary judgment, response, or affidavit has not been presented in good faith or has been presented solely for the purpose of delay, the court shall forthwith order the party and/or the attorney presenting it to pay to the other party the amount of the reasonable expenses which the filing of the motion, response, or affidavit caused the party to incur, including reasonable attorney's fees. Such additional sanctions may be imposed as justice may require.

B. Unless the opposing party requests a hearing upon any motion within ten days after the filing thereof, he shall be deemed to have waived hearing and the Court may act thereon.

C, D. Repealed.

E. (1) 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 particularity, 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. A hearing on the motion shall not be permitted except by order of the Court.

(2) 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.

(3) If a motion for reconsideration or other post-decision relief is granted, the Court may revise its order or take other appropriate action without rehearing or may schedule a further hearing.

(4) 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.

F. Any party filing a Motion for Summary Judgment shall provide the opposing party with notice, substantially as set forth in Form M, of the obligation to file an objection and supporting affidavit within 30 days.