A. Except for the initial hearing in a case or for an emergency hearing, hearing dates are generally selected by agreement of the parties and the court. Therefore, motions to continue will usually be denied, except for good cause shown. The Court may condition the granting of a motion to continue on a requirement that the moving party obtain a date and time agreeable to all other parties and the court.B. For hearings scheduled by the court without input from the parties, motions to continue shall be filed within ten (10) days from the date of the mailing of the notice of a hearing.C. Any motion to continue filed by counsel shall contain a certification that the client has been notified of the reasons for the continuance, has assented to the motion, and has been forwarded a copy of the motion.D.(1)In Cases Not Subject to Electronic Filing. In any case filed in the family division in which the electronic filing pilot program has not been implemented, see http://www.courts.state.nh.us/circuitcourt/efilingcourts.htm, a motion to continue based upon the unavailability of a material witness must be supported by an affidavit containing the name of the material witness, the anticipated content of the testimony, what has been done to procure the attendance of the witness, including the date the request was initially made of the witness to testify, and a statement that the adverse party will not admit to the facts without the presence of the witness. The same rule shall apply with regard to the unavailability of a material document or other evidence. (2) In Cases Subject to Electronic Filing. In any case filed in the family division in which the electronic filing pilot program has been implemented, see http://www.courts.state.nh.us/circuitcourt/efilingcourts.htm, a motion to continue based upon the unavailability of a material witness must be supported by a statement containing the name of the material witness, the anticipated content of the testimony, what has been done to procure the attendance of the witness, including the date the request was initially made of the witness to testify, and a statement that the adverse party will not admit to the facts without the presence of the witness. This statement shall be signed and shall indicate the person’s understanding that making a false statement in the pleading may subject that person to criminal penalties. The same rule shall apply with regard to the unavailability of a material document or other evidence.E. Priority of Scheduling. Where a hearing has been scheduled in one case prior to the scheduling of another hearing, the case scheduled first shall take priority over the subsequently scheduled cases, except as follows:
(1) to accommodate a subsequently scheduled case involving a jury trial in state or federal court, or argument before the New Hampshire Supreme Court or any federal appellate court;(2) to comply with the hearing requirements of RSA 169-B, C, or D;(3) to comply with the hearing requirements of RSA 173-B; or(4) if unusual circumstances cause the respective Courts to agree that an order of precedence other than the above shall take place.
N.H. R. Cir. Ct. Fam. Div. 1.27
Amended, on a temporary basis, April 21, 2015, effective June 1, 2015.
