Rule 3.12 - Motions - Specific(a)Motions to Amend. (1) No plaintiff shall have leave to amend a pleading, unless in matters of form, after a default until the defendant has been provided with notice and an opportunity to be heard, to show cause why the amendment should not be allowed.(2) Amendments in matters of form will be allowed or ordered, as of course, on motion; but, if the defect or want of form be shown by the adverse party, the order to amend will be made on such terms as justice may require.(3) Amendments in matters of substance may be made on such terms as justice may require.(4) Amendments may be made to the Complaint or Answer upon the order of the court, at any time and on such terms as may be imposed. (b)Motions to Consolidate. Whenever a Motion is filed in any Circuit Court requesting the transfer of an action there pending to another Circuit Court for trial with an action there pending, arising out of the same transaction or event or involving common issues of law, and/or fact, the court may, after notice to all parties in all such pending actions and hearing, make such order for consolidation in any one of such Circuit Courts in which such actions are pending, as justice and convenience require.(c)Motions for Summary Judgment. (1) Motions for summary judgment shall be filed, defended and disposed of in accordance with the provisions of 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 of or in 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 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.(2) The non-moving party shall have 30 days to respond to a motion for summary judgment, unless another deadline is established by agreement of the parties or order of the court.(3) Where a plaintiff successfully moves for summary judgment on the issue of liability or a defendant concedes liability and the case proceeds to trial, the parties must provide the trial judge or trier of fact with a statement of agreed facts sufficient to explain the case and place it in a proper context so that the trier of fact might more readily understand what she/he will be hearing in the remaining portion of the trial. (4) Any party filing a Motion for Summary Judgment shall provide the opposing party with notice, substantially as set forth in the following form, of the obligation to file an objection and supporting affidavit within 30 days. The form of the notice in substance shall be as follows: NOTICE TO THE DEFENDANT/OR PLAINTIFF
THIS MOTION FOR SUMMARY JUDGMENT IS FILED IN ACCORDANCE WITH RSA 502-A:27-c AND RSA 491:8-a. IF YOU OBJECT TO THE FACTS SET FORTH IN THIS MOTION, YOU MUST FILE YOUR WRITTEN OBJECTION WITHIN 30 DAYS. YOUR OBJECTION MUST BE ACCOMPANIED BY AN AFFIDAVIT SETTING FORTH SPECIFIC FACTS SHOWING THAT THERE IS A GENUINE ISSUE FOR TRIAL. IF YOU FAIL TO FILE AN OBJECTION AND ACCOMPANYING AFFIDAVIT WITHIN 30 DAYS, THIS MOTION MAY BE ACTED UPON WITHOUT A HEARING OR TRIAL, AND JUDGMENT ENTERED IN FAVOR OF THE PARTY WHO FILED THE MOTION.
(d) See also Rules 1.8 and 1.8A.N.H. R. Cir. Ct. Dist. Div. 3.12
Amended effective 9/30/2019; amended effective 1/1/2020.