Rule 2.9 – Emergency and Ex Parte Relief

May 14, 2021 | Family Law, New Hampshire

A. Emergency. If either party believes a hearing is needed prior to participation in mediation, that party shall file a request for an immediate hearing, identifying the emergency and the issues to be addressed at the hearing.
B. Ex Parte. Subject to the provisions of RSA 458:16 and RSA 461-A:9, an emergency order may be granted without written or oral notice to the other party or attorney only if it clearly appears to the Court from specific facts shown by sworn statement or by the verified petition that immediate and irreparable injury, loss, or damage shall result to the applicant, the children, or the marital estate before the other party or attorney can be heard. If the other party is represented or has filed an appearance, normally no relief will be granted without notice to the other party and an opportunity to be heard. An ex parte order may be requested by motion of the petitioner/attorney prior to service of the petition. A hearing shall be scheduled within thirty (30) days of the issuance of an ex parte order. In addition, the party against whom the orders are issued may file a written request with the court for a hearing on such orders, which hearing shall be held no later than five (5) days after the request is received.

N.H. R. Cir. Ct. Fam. Div. 2.9