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Rule 43 – Motions for Reconsideration

May 14, 2021 | Criminal Procedure, New Hampshire

(a) A motion for reconsideration or other post-decision relief shall be filed within ten days of the date on the clerk’s written notice of the order or decision, which shall be mailed or electronically delivered by the clerk on the date of the notice. The motion shall state, with particular clarity, points of law or fact that the court has overlooked or misapprehended and shall contain such argument in support of the motion as the movant desires to present; but the motion shall not exceed ten pages. To preserve issues for an appeal to the Supreme Court, an appellant must have given the court the opportunity to consider such issues; thus, to the extent that the court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. A hearing on the motion shall not be permitted except by order of the court.
(b) No answer to a motion for reconsideration or other post-decision relief shall be required unless ordered by the court, but any answer or objection must be filed within ten days of notification of the motion.
(c) If a motion for reconsideration or other post-decision relief is granted, the court may revise its order or take other appropriate action without rehearing or may schedule a further hearing.
(d) The filing of a motion for reconsideration or other post-decision relief shall not stay any order of the court unless, upon specific written request, the court has ordered such a stay.

N.H. R. Crim. P. 43

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

Comment

The third sentence of paragraph (a) derives from N.H. Dep’t of Corrections v. Butland, 147 N.H. 676, 679 (2002), and is not intended to preclude a party from raising an issue on appeal under the plain error rule set forth in Supreme Court Rule 16 -A.