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Home < Case Processing < Filing-information < Motion Filing Requirements - By Group (01/01/2008)
U.S. DISTRICT COURT
MOTION/OBJECTIONS/MEMORANDUM/AFFIDAVITS
FILING REQUIREMENTS
| ALL MOTIONS | |
| Shall contain a certificate of service that states the name/address of person served and the manner and date of service. | 5.1(d) |
| Shall be considered only if submitted in separate filing with the word "motion" in the title. | 7.1(a)(1) |
| Shall not seek separate and distinct relief in one single motion filing. | 7.1(a)(1) |
| Motion which requires consideration of facts not in the record shall be accompanied by affidavits. | 7.1(a)(2) |
| Shall have memorandum with citations or a statement explaining why a memorandum is unnecessary and shall be filed as an attachment to the motion and not as separate filings. | AP 2.3 & 7.1(a)(2) |
| If oral argument is requested, a written statement should be included outlining reasons why such argument may provide assistance to the court. | 7.1(d) |
| And if it is a Nondispositive Motion | |
| Certification must be included stating good faith attempt to obtain concurrence (all parties). | 7.1(c) |
| If concurrence has been obtained, motion shall contain "assented to" in title. | 7.1(c) |
| And if it is a Motion To/For | |
| Admission Pro Hac Vice . Must be accompanied by a $100 admission fee and an affidavit (per attorney). Affidavit filed as an attachment. Only one request for attorney admission per motion. | AP 3.7 & 83.2(b) |
| Amend . Must have the original proposed amendment attached. Amendment shall reproduce the entire filing as amended. Motion/memo must contain two required elements as listed. | AP 2.5 & 15.1 |
| Class Action Settlement . Must have proposed notice order, samples of proposed notices, and proposed order attached. | 23.1 |
| Compel/for Protective Order . Must be in the format outlined or have attached a copy of the discovery document (only that portion which is objected to or is the subject of the motion). | 37.1 |
| Consolidate . Must list each case in the caption. | 42.1(d) |
| Continue Trial . Civil. Shall contain a certification that the party on behalf of whom the motion was filed has been notified of the request. |
7.2(d) |
| Criminal . Must be accompanied by waiver of speedy trial signed by the defendant, which is filed conventionally. | LCrR 12.1(c) & AP 3.1(e) |
| Default Judgment . Shall contain statement of mailing to last known address of the defaulted party and, if known, to the attorney thought to represent that party. | 55.1(b) |
| Deviation . Must contain certain elements; copy to Probation. | LCrR 32.1(i) |
| Discovery/Criminal . No motion seeking routine discovery shall be filed unless the opposing party has failed to comply with a written request for the discovery sought. | LCrR 16.3 |
| Excess Fees/Criminal . If claim exceeds statutory limit, motion must be filed requesting approval of excess and outlining the reasons why such excess is justified. | LCrR 44.1(c) |
| Extend Time . Shall state if the requested extension would result in the continuance of any hearing, conference, or trial, and state the proposed extended date. | 7.2(a) |
| Minor's Settlement . Must be signed by minor's parent, next friend, or guardian. Must contain information required by NH Superior Court Rule 111; more if minor is out-of-state resident. | 17.1 |
| Proceed In Forma Pauperis . Shall be accompanied by financial affidavit. If institutionalized, shall also submit a trust account statement. | 4.2 |
| Registry Funds . Proposed order required for investment; separate filing for withdrawal. | 67.2(b), 67.3 |
| Sentencing . Any party filing a sentencing motion shall provide copies to all parties and the probation office. | LCrR 32.1(a) |
| Temporary Restraining Order, Preliminary Injunction . Shall be accompanied by a proposed order. | 65.1 |
| Vacate Fine . Will not be considered after the fine is paid. | 1.3 |
| Withdraw Appearance . Civil . Required if certain conditions exist. Must include client's last known address. |
83.6(d) |
| Criminal . Must obtain leave of court to withdraw appearance. | LCrR 44.3 |
| OBJECTION - FILING REQUIREMENTS | |
| Shall contain a certificate of service that states the name/address of person served and the manner and date of service. | 5.1(d) |
| Objection which requires consideration of facts not in the record shall be accompanied by affidavit(s). | 7.1(a)(2) |
| Shall have memorandum with citations or a statement explaining why a memorandum is unnecessary. | 7.1(a)(2) |
| If oral argument is requested, a written statement should be included outlining reasons why such argument may provide assistance to the court. | 7.1(d) |
| MEMORANDUM - FILING REQUIREMENTS | |
| Length of the memorandum shall not exceed stated limitations (15 pages nondispositive; 25 pages dispositive). | 7.1(a)(3) |
| Reply or Surreply Memorandum. Page and time limits, notice of intent to file. | 7.1(e) |
| If supporting/opposing Summary Judgment, shall incorporate short and concise statement of material facts, supported by appropriate record citations. | 7.2(b)(1) & (2) |
| If supporting motion to amend, memorandum or motion must contain two required elements. | 15.1(a) |
| AFFIDAVIT - FILING REQUIREMENTS | |
| Affidavits must identify the filing they oppose/support by indicating the filing's title. | 5.1(f) |
| Affidavits shall be included as exhibits in appendix or attachment. | 5.1(a)(2) |
| Objection which requires consideration of facts not in the record shall be accompanied by affidavit(s). | 7.1(a)(2) |
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