New Hampshire Code of Administrative Rules
Gal - Guardian ad Litem Board
Chapter Gal 200 - PROCEDURAL RULES
Part Gal 210 - CONTINUANCES AND FAILURE TO ATTEND HEARING
Section Gal 210.02 - Failure of a Party to Attend or Participate in the Hearing

Universal Citation: NH Admin Rules Gal 210.02

Current through Register No. 12, March 21, 2024

(a) The case shall be dismissed if the party having the overall burden of proof:

(1) Has been given notice in accordance with Gal 208.01; and

(2) Fails to attend the hearing, unless the party's failure to attend results from circumstances beyond the party's control.

(b) If the party having the overall burden of proof attends the hearing but fails to participate by presenting evidence or argument, a decision shall be entered against that party.

(c) If the party who does not have the overall burden of proof fails to attend the hearing after having been given notice in accordance with Gal 208.01, the testimony and evidence of all other parties or intervenors shall be received and evaluated.

(d) If the party not having the overall burden of proof failed to attend the hearing as a result of circumstances beyond the party's control and that party wishes to present testimony or evidence following the receipt and evaluation of other testimony and evidence pursuant to (c) above, that party may submit a motion to do so within 3 business days of the hearing.

(e) The board shall grant a motion under (d) above if it finds that:

(1) The motion was received by the board within 3 business days of the hearing; and

(2) The party's failure to attend the hearing was due to circumstances beyond the party's control.

#8940, eff 9-15-07

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