N.H. Admin. Code § Ret 203.02

Current through Register No. 50, December 12, 2024

Section Ret 203.02 - Motions

(a) All motions and replies thereto filed in proceedings governed by this chapter shall conform to the following requirements:

(1) Unless accepted by the presiding officer or the board of trustees during an oral session of a proceeding governed by this chapter, all motions shall be filed in writing not more than 15 days following the action which gave rise to the motion;

(2) Each motion shall set forth:

a. A statement of the purpose of the motion;

b. A statement of the relief sought by the motion;

c. A statement of any statutes, rules, orders, or other legal authority offered in support of the motion; and

d. A statement of any relevant facts offered in support of the motion;

(3) Replies to motions shall be filed not more than 15 days after the filing of the precipitating motion; and

(4) Replies to motions shall contain:

a. A statement of the action which the party filing the response asserts should be taken on the motion;

b. A statement of any statutes, rules, orders, or other authority relied upon in response to the motion; and

c. A statement of any additional relevant facts offered in response to the motion.

(b) A hearing shall be held on motions unless the presiding officer determines that the pleadings and supportive evidence address all issues.

(c) Unless a late filing is shown to have been the result of good cause, all replies to motions shall be filed within 15 days after the filing of the motion. The failure to reply to a motion within the time allowed shall constitute a waiver of objection to the motion.

N.H. Admin. Code § Ret 203.02

#5880, eff 8-19-94, EXPIRED: 8-19-00

New. #7374, INTERIM, eff 10-13-00, EXPIRES: 4-11-01; ss by #7477, eff 4-10-01; ss by #7572, eff 10-10-01

Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12709, Effective 1/9/2019.