N.H. Admin. Code § Ed 203.06

Current through Register No. 50, December 12, 2024
Section Ed 203.06 - Motions
(a) Unless otherwise specifically provided in this chapter, all motions and objections thereto shall conform to the requirements of this section.
(b) Unless presented orally during a pre-hearing conference, hearing or other proceeding, all motions and objections thereto shall be in writing and served upon all other parties.
(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, and other authority authorizing the relief sought by the motion; and
(4) The facts claimed to constitute the grounds requiring the relief requested by the motion.
(d) Objections 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 presiding officer to take on the motion; and
(3) The statutes, rules, orders, or other authority, including but not limited to case law, relied upon in defense of the motion.
(e) An objection to a motion shall specifically admit, deny, or state that the respondent has insufficient information to admit or deny each and every fact contained in the motion. Failure to deny or claim insufficient information shall constitute the admission of the fact for the purpose of the motion.
(f) All motions shall be decided upon the written record submitted unless oral argument on the motion is requested by a party. Any request for oral argument on a motion shall be filed with the hearing officer and shall set forth specific reasons for the request. Repetitious motions shall not be filed.
(g) Unless otherwise provided by statute, this chapter, or by agreement of the parties, objections to motions shall be filed within 10 days after the party receives a copy of the motion. Failure to reply to a motion within the time allowed shall constitute a waiver of objection to the motion.

N.H. Admin. Code § Ed 203.06

#8334-A, eff 4-23-05 (from Ed 208.02 )