New Hampshire Code of Administrative Rules
Tra - Commissioner, Department of Transportation
Chapter Tra 200 - RULES OF PRACTICE AND PROCEDURE
Part Tra 202 - ADJUDICATIVE PROCEEDINGS
Section Tra 202.16 - Motions

Universal Citation: NH Admin Rules Tra 202.16

Current through Register No. 40, October 3, 2024

(a) 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 relied upon in support of the motion; and

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

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

(1) Whether the party filing the objection admits, denies, or has insufficient information to admit or deny each and every allegation of fact asserted in the motion;

(2) Any defense relied upon by the party filing the objection;

(3) The action which the party filing the objection wishes the presiding officer to take on the motion; and

(4) The statute, rule, order, or other authority relied upon in making the objection.

(c) Unless otherwise provided by an order of the presiding officer, objections to motions shall be filed within 10 days after the party receives a copy of the motion.

(d) Failure to object to a motion within the time allowed shall be deemed an admission of the facts alleged in the motion, and a waiver of objection to the relief sought.

(e) All motions shall be decided upon the documents submitted, unless oral argument on the motion or the objection thereto is requested by the presiding officer, or by a party within the text of the pleading.

(f) The presiding officer shall not rule upon any motion prior to providing the other parties a full opportunity to object and provide any additional information which may be relevant to a fair and just consideration of the issue.

#4174, eff 12-1-86; EXPIRED 12-1-90

New. #5563, eff 1-28-93, EXPIRED: 1-28-99

New. #7927-A, eff 7-26-03

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