New Hampshire Code of Administrative Rules
Bcr - State Building Code Review Board
Chapter Bcr 200 - PRACTICE AND PROCEDURE
Part Bcr 206 - PLEADINGS, APPEALS AND MOTIONS
Section Bcr 206.03 - Motions and Objections Thereto

Universal Citation: NH Admin Rules Bcr 206.03

Current through Register No. 12, March 21, 2024

(a) Motions and objections shall be in writing unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

(b) The moving party shall state, clearly and concisely, the following in his or her motion:

(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;

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

(5) The signature and date required in Bcr 205.02(a).

(c) A party objecting to a motion shall state, clearly and concisely, the following in his or her objection:

(1) The defense of the party filing the objections;

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

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

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

(5) The signature and date required by Bcr 205.02(a).

(d) A party filing 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. 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.

#8044, eff 2-17-04; ss by #10073, INTERIM, eff 1-17-12, EXPIRES: 7-16-12 ; ss by #10161, eff 7-13-12

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