New Hampshire Motion for Continuance

Introduction

Key Things to Know

1. 1

   New Hampshire calls the request a motion to continue (a continuance or postponement). The rule depends on the court: Superior Court Rule 12(c), District Division Rules 1.8-A and 1.8-B, and Family Division Rule 1.27.

2. 2

   The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you the date has been moved.

3. 3

   Motions must be in writing and signed and dated by the attorney, non-attorney representative or self-represented party. The motion states the reasons and, if it is the case, that the opposing party does not desire a hearing on the motion.

4. 4

   District Division grounds include illness of a defendant, defense attorney or prosecutor, want of material testimony, document or other essential evidence, unavoidable absence of an essential witness, and other exceptional grounds in the interest of justice. Grounds must be set out in detail, and the court decides.

5. 5

   Family Division continuances are denied except for good cause shown. For hearings the court set without input from the parties, file within 10 days of the mailing of the hearing notice (Fam. Div. R. 1.27).

6. 6

   In the District Division and Family Division, an affidavit (or, in small claims e-filing courts, a signed statement acknowledging criminal penalties for false statements) is required when the motion rests on missing testimony, a document or an absent witness. In Superior Court, a copy of the motion must be forwarded to the other side.

7. 7

   In the District Division, agreement of the parties waives a hearing on the motion, but the court still uses its own discretion in deciding whether to continue. Without the opposing party's approval, a continuance is not granted without a hearing, and getting that approval is the moving party's job.

New Hampshire Requirements for Motion for Continuance

• Court-Specific Continuance Rules

  New Hampshire continuances are governed by Superior Court Rule 12(c), District Division Rules 1.8-A and 1.8-B, and Family Division Rule 1.27, depending on the court.

• Written, Signed and Dated Motion

  Motions must be in writing and signed and dated by the attorney, non-attorney representative or self-represented party, stating the reasons (Dist. Div. R. 1.8-A; Super. Ct. R. 12(c)).

• District Division Listed Grounds

  Illness of a defendant, defense attorney or prosecutor, want of material testimony, document or evidence, unavoidable absence of an essential witness, or other exceptional grounds in the interest of justice, set out in detail (Dist. Div. R. 1.8-B).

• Family Division Good Cause

  Continuances are denied except for good cause shown. The court may require a date agreeable to all and the court (Fam. Div. R. 1.27).

• Family Division 10-Day Deadline

  For hearings scheduled by the court without input from the parties, a motion to continue is filed within 10 days of the mailing of the hearing notice (Fam. Div. R. 1.27(B)).

• Affidavit for Evidence and Witness Grounds

  An affidavit supports a motion based on missing testimony, a document or an absent witness. Small claims e-filing courts accept a signed statement acknowledging criminal penalties for false statements (Dist. Div. R. 1.8-A).

• Agreement Does Not Bind the Court

  Agreement of the parties waives a hearing on the motion, but the court exercises its sound discretion in granting the continuance (Dist. Div. R. 1.8-A).

• Landlord-Tenant Priority Docket

  Landlord-tenant actions get docket priority and, whenever possible, are rescheduled within 30 days (Dist. Div. R. 5.6(B)). The hearing date stands until the court rules.