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Rule 35 – Filings with the Court

May 14, 2021 | Criminal Procedure, New Hampshire

(a) All pleadings and forms that are not electronically filed shall be upon 8 1/2 x 11 inch paper and shall be either typewritten or hand-printed and double-spaced so that they are clearly legible. No pleading, motion, objection, or the like, which is contained in a letter, will be accepted by the clerk, or acted on by the court.
(b) In any Circuit Court – District Division case in which all parties are represented by lawyers, all parties’ counsel may agree that pleadings filed and communications addressed to the court may be furnished to all other counsel by email. An agreement may be filed with the court by stipulation. Such agreement shall list the email address(es) at which counsel agree to be served. The email header shall include the caption of the case and its docket number. Pleadings and communications furnished in accordance with this rule shall be attached to the email in .PDF file format. Documents so furnished may have on their signature lines a copy of counsel’s signature, a facsimile thereof, “/s/ [counsel’s name]” as used in the federal ECF system, or similar notation indicating the document was signed.
(c) A party filing a pleading shall certify that a copy of the pleading and all attachments was mailed first class or delivered to all opposing counsel and any guardian ad litem. This rule shall not apply to ex parte pleadings and shall not require a party to provide duplicate copies of documents already in another party’s possession.
(d) A no contact order in a domestic violence, stalking, or similar matter shall not prevent either party from filing appearances, motions, and other appropriate pleadings. At the request of the party filing the pleading, the court shall forward a copy of the pleading to the party or counsel specified in the request. Furthermore, the no contact provisions shall not be deemed to prevent contact between counsel when both parties are represented.
(e) For the purpose of compliance with any time deadlines or statutes of limitation, the terms “filing” and “entry” shall have the same meaning and shall be used interchangeably. Whenever any document is received by the court and time-stamped as received, or the receipt is entered on the court’s database, the earlier of the two shall be accepted as the filing date.
(f) In computing any period of time prescribed or allowed by these rules, by order of court, or by applicable law, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall extend until the end of the next day that is not a Saturday, Sunday, or a legal holiday as specified in RSA chapter 288.
(g) All pleadings and the appearance and withdrawal of counsel shall be signed by the attorney of record or the attorney’s associate or by a self-represented party. Names, addresses, New Hampshire Bar Association member identification numbers, and telephone numbers shall be typed or stamped beneath all signatures on papers to be filed or served. No attorney or self-represented party will be heard until an appearance is so entered.
(h) By signing a pleading, an attorney certifies that the attorney has read the pleading, that to the best of the attorney’s knowledge, information and belief there is a good ground to support it, and that it is not interposed for delay.
(i) Requirements Relating to Motions Filed in Superior Court.

(1) The court will not hear any motion grounded upon facts, unless they are verified by affidavit, or are apparent from the record or from the papers on file in the case, or are agreed to and stated in writing signed by the parties or their attorneys; and the same rule will be applied as to all facts relied on in opposing any motion. Any party filing a motion shall certify to the court that a good faith attempt was made to obtain concurrence in the relief sought, except in the case of dispositive motions, motions for contempt or sanctions, or comparable motions where it can be reasonably assumed that the party or counsel will be unable to obtain concurrence. Any answer or objection to a motion must be filed within ten days of filing of the motion. Failure to object shall not, in and of itself, be grounds for granting a motion.
(2) All motions must contain the word “motion” in the title. Filers shall not combine multiple motions seeking separate and distinct relief into a single filing. Separate motions must be filed. Objections to pending motions and affirmative motions for relief shall not be combined in one filing.

N.H. R. Crim. P. 35

Adopted effective January 1, 2016 in Strafford and Cheshire counties and July 1, 2016 in Belknap County; amended effective August 1, 2018; amended July 18, 2019, effective August 6, 2019 in Rockingham County..

Comment

The provisions of Rule 35 are consistent with the General Rules of the Circuit Court of the State of New Hampshire – District Division, as set forth in Rules 1.1A (“Computation and Extension of Time”), 1.3 (“Attorneys”) and 1.3-A (“Pleadings – Copies to all parties”).