New Hampshire Code of Administrative Rules
Bal - Ballot Law Commission
Chapter Bal 200 - PRACTICE AND PROCEDURE
Part Bal 205 - PLEADINGS, COMPLAINTS AND MOTIONS
Section Bal 205.02 - Motions and Objections Thereto

Universal Citation: NH Admin Rules Bal 205.02

Current through Register No. 40, October 3, 2024

(a) Unless presented during an oral session of a proceeding, all motions and objections shall be in writing.

(b) All motions shall state clearly and concisely:

(1) The purpose of the motion;

(2) The relief sought by the motion;

(3) The statutes, rules, orders, or other authority authorizing the relief sought by the motion; and

(4) The facts claimed to constitute grounds for the relief requested by the motion.

(c) Objections to motions shall state clearly and concisely:

(1) The reason for the objection;

(2) The action which the party filing the objection wishes the commission to take on the motion;

(3) The statutes, rules, orders, or other authority relief upon in defense of the motion; and

(4) Any facts which are additional to or different from the facts stated in the motion.

(d) An objection to a motion shall specifically admit or deny each fact contained in the motion. Failure to deny a fact contained in a motion shall constitute the admission of that fact for the purposes of the motion. In the event a party filing an objection to a motion lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact.

(e) Motions shall be decided upon the writings submitted without a formal hearing unless a hearing is expressly requested by one of the parties or the commission finds that oral arguments would assist the commission in reaching a decision due to the complexity of legal or factual issues. Repetitious motions shall not be submitted.

(f) Objections to motions shall be filed within 10 days after the filing of the motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

#6263, eff 6-7-96

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