N.H. Admin. Code § Hab 201.24

Current through Register No. 50, December 12, 2024

Section Hab 201.24 - Continuances

(a) A motion for a continuance, that is, a request to reschedule a hearing, shall:

(1) Be filed within 7 days of the clerk's date on the hearing notice except when a later filing is justified by accident, mistake, or misfortune;

(2) State with specificity the reason for the motion and, as applicable, comply with (b), (c), and (d) below;

(3) State when the matter can be rescheduled; and

(4) If filed by an attorney, agent, or municipal consultant, state:

a. The client has been advised of the motion and the reasons therefore;

b. The client has been sent a copy of the motion; and

c. The client has consented to the continuance.

(b) The moving party shall comply with the requirements for seeking concurrence set forth in Hab 201.16(b). The board shall not be bound by the other party's concurrence to the motion and shall only grant a continuance in extraordinary circumstances in accordance with (c), (d), (e), and (f) below.

(c) If, based on a conflicting court or other tribunal's hearing, the motion shall state:

(1) The date and time, case name, docket number, and court or tribunal of the other matter;

(2) The substance of the other hearing;

(3) Whether a continuance of the other matter has been sought and the results of that request; and

(4) Whether anyone else could cover either the board's hearing or the other hearing.

(d) If based on inability to procure or present material evidence, by testimony or by documents approved in advance of the hearing by the board, the motion shall:

(1) State the name of the witness or document;

(2) State the nature of the evidence;

(3) State the reason for its unavailability;

(4) State the steps taken to procure the evidence for the hearing; and

(5) Include a statement that the other party has been consulted about whether the evidence can be received without live testimony.

(e) If based on illness or injury, the motion shall state sufficient medical information to allow the board to determine whether a continuance is warranted. This information shall include the nature of the illness or injury and, if required by the board, the name and address of the treating physician.

(f) A party seeking a continuance may in the motion state that if the continuance is not granted the party will not attend the hearing. Such notice shall constitute notice under Hab 202.03(d)(1). The party shall, however, submit its Hab 202.03(d)(2) memorandum before the hearing.

N.H. Admin. Code § Hab 201.24

Derived from Volume XLI Number 32, Filed August 12, 2021, Proposed by #13226, Effective 7/7/2021