Papers must be in 12-point, double-spaced type. First, the Statement of Facts, as served, cannot exceed 20 pages, and cannot include several types of facts: Parties may submit these types of material, without argument or commentary, in an addendum to the party’s memorandum. Now, requests must be captioned as a pleading, not exceed one page, state the grounds for the relief sought, and include a certificate of service. The provisions of Paragraph (b)(5)(i)-(iv) apply to cross-motions for summary judgment and any other cross-motion (including a motion to strike) served with the Opposition to a motion for summary judgment. Within 10 days of service of the Opposition, the moving party must either (1) file the Rule 9A Package with the court or (2) notify all parties that the motion has been withdrawn and will not be filed. The rule also directs the parties to cite both the joint appendix exhibit number and the corresponding paragraph in the Statement of Facts in their memoranda. The parties must agree in writing, and parties must include “served via email” on their filings for the clerk to accept scanned signatures. The Statement of Facts as served shall not exceed 20 pages in length and shall not include: a. Where an opposing party relies upon any evidence included in the moving party’s exhibits, the opposing party must cite to that evidence using the form of designation of the moving party. Appointment. Take the completed forms and related documents to the court office where the plaintiff filed the claim. (vi) All exhibits referred to in a motion, a cross-motion, or opposition thereto shall be filed as a joint appendix, which shall include an index of the exhibits. R. Civ. Include a statement that a fact is not supported by the materials cited by the moving party, unless the responding party has a good faith basis for contesting it. RULES OF THE SUPERIOR COURT OF THE STATE OF NEW HAMPSHIRE . Rule 9A governs almost all civil motions filed in Superior Court.
the motion seeks to add the non-party as a party to the case; the motion seeks an order or other relief against the non-party; or. Opposing parties may state whether a fact is disputed, and if so, cite supporting record evidence. (e) Exceptions.
Separate memorandum. Papers must be served on specifically named non-parties in compliance with this Rule if (a) the Motion seeks to add the non-party as a party to the case; (b) the Motion seeks an order or other relief against the non-party; (c) the issues affect the personal information or other interests of the non-party. Parties Must Now Confer on Dispositive Motions. The Moving Party’s Statement of Facts must also be sent contemporaneously in electronic form by email to all parties in Rich Text Format (RTF) or such other format as to which the parties agree. They may not, however: Third, opposing parties are no longer permitted to serve Statements of Additional Facts, except in support of a cross-motion for summary judgment. The initial moving party, with the cooperation of each opposing party, is responsible for assembling the Joint Appendix and index. When a cross-motion (including motion to strike) is brought, the time for filing the Rule 9A Package for the original motion is extended to be coterminous with the date for filing the cross-motion. The revisions to the rules are comprehensive and range from small clarifications to large procedural modifications.
The caption, footnotes, and indented quotations may be single-spaced in 12-point type. All Oppositions must be served no later than 10 days after service of the Motion Papers. A motion for summary judgment must be accompanied by a separate memorandum of law “stating the reasons, including supporting authorities, that the motion should be granted.”. If the moving party does not receive an Opposition within 3 business days after expiration of the time permitted for service of an Opposition, then the moving party must file with the clerk the Motion Papers together with an affidavit reciting compliance with this Rule and receipt of no Opposition in a timely fashion, unless the moving party withdraws the motion and has so notified all parties.
These papers are referred to below as the “Opposition.”. The Guardian Ad Litem ("GAL") is appointed to assist in a domestic relations case by the superior court judge assigned to hear that particular case, or otherwise having the responsibility to hear such case. Although the Rule has been amended several times in the last few years, the most recent changes are big. Only such facts as are material to deciding the motion shall be included in the Statement of Facts.
P. 5(d)(1). Upon receipt of the opposition and associated documents, if any, the moving party shall attach the original of the opposition and associated documents to the original motion and associated documents and within 10 days shall file with the clerk the combined documents ("the Rule 9A package"), unless within the same 10-day period the moving party notifies all counsel that the motion has been withdrawn. These rules are adopted by the Supreme Court of New Hampshire pursuant to the authority established in Part II, Article 73-A of the New Hampshire Constitution. In view of the limitations upon a reply memorandum, a sur-reply is strongly disfavored and may not be filed without leave of court sought within 5 days of service of the reply. How to conduct effective workplace investigations remotely, Diversity & Inclusion in the Legal and Business Environment. An amendment to Massachusetts Superior Court Rule 9A(a)(3), effective January 1, 2016, allows litigants to file certain reply memoranda without first obtaining the court’s permission, and changes the procedure for obtaining leave of court where permission is still required. %PDF-1.5 %���� A request for a hearing must set forth any statute or rule of court which, in the judgment of the submitting party, requires a hearing on the motion, as well as any reason why the court should hold a hearing.
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