N.H. Admin. Code § Pub 201.08

Current through Register No. 45, November 7, 2024

Section Pub 201.08 - Motions to Continue

(a) All requests to continue a scheduled hearing or pre hearing shall be made by motion, which shall:

(1) Be submitted by motion at least 7 calendar days prior to the scheduled hearing or pre hearing;

(2) State the specific reason for the request;

(3) State that concurrence to the request has been sought from the opposing party;

(4) State that the represented party has concurred, objects, consents, or takes no position on the request;

(5) State at least 2 alternative hearing dates that are acceptable to the parties; and

(6) If unable to contact opposing party, describe all attempts that were made to contact opposing party.

(b) Motions filed by counsel or other authorized representative shall state that the petitioner, complainant, or respondent being represented has been informed of the basis for the requested continuance and provided their assent.

(c) The presiding officer shall grant the motion to continue if:

(1) The moving party has stated a compelling need for the requested continuance, such as:

a.A party or a representative cannot attend due to a medical condition or unexpected injury;

b.A necessary witness cannot attend and an appropriate affidavit cannot be substituted for their presence by consent of the opposing party;

c.A party's counsel or representative has a previously scheduled arbitration case or mediation session, or an unexpected conflict with a trial scheduled in a state or federal court, has filed the motion to continue within 10 days of the issuance of the notice of hearing, and the following apply:

1.No other substitute counsel or representative is available to serve as a replacement; and

2.The party's counsel or representative has provided the case or docket number to the board; or

d.Other sufficiently serious circumstances that preclude a party's availability to attend the hearing.

(d) The presiding officer shall grant a motion in the absence of the above process only in an emergency situation for reasons such as severe weather, death in the family, traffic accidents, and illness.

N.H. Admin. Code § Pub 201.08

#7187, eff 1-8-00; EXPIRED: 1-8-08

New. #9145, INTERIM, eff 4-29-08, EXPIRED: 10-26-08

New. #9441-A, eff 3-27-09