N.H. Admin. Code § Rev 203.02

Current through Register No. 52, December 26, 2024
Section Rev 203.02 - Motions

Unless otherwise specifically provided in this chapter, all motions and replies shall conform to the following:

(a) Unless presented during an oral session of a proceeding, all motions and replies thereto shall be in writing;
(b) A motion presented at oral session shall be submitted in writing if the presiding officer determines that doing so would be in the interests of justice and the orderly and prompt conduct of the proceeding;
(c) All motions shall state clearly and concisely:
(1) The purpose of the motion;
(2) The relief sought by the motion;
(3) The statutes, rules, orders, or other authority authorizing the relief sought by the motion;
(4) The facts claimed to constitute the grounds requiring the relief requested by the motion; and
(5) That concurrence to the motion has been sought and that the opposing party objects, consents, or takes no position on the motions or that attempts to contact the opposing party were not successful;
(d) Replies to motions shall state clearly and concisely:
(1) The defense of the party filing the reply;
(2) The action which the party filing the reply wishes the agency to take on the motion;
(3) The statutes, rules, order, or other authority relied upon in defense of the motion; and
(4) Any facts which are additional to or different from the facts stated in the motion; and
(e) A reply to a motion shall specifically admit or deny each fact contained in the motion. Failure to deny a fact contained in a motion shall constitute the admission of the fact for the purposes of the motion. In the event a party filing a reply to a motion lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact.

N.H. Admin. Code § Rev 203.02

#4060, eff 5-29-86; ss by #5389, eff 5-5-92, EXPIRED: 5-5-98

New. #6749, eff 5-19-98 (from Rev 203.03) , EXPIRED: 5-19-06

New. #8658-A, eff 6-3-06

Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11185-A, Effective 9/20/2016.