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New Hampshire Motion for Summary Judgment

New Hampshire runs the summary judgment clock from the date the motion is filed, not from a noticed hearing: there is no pre-hearing notice period, no hearing unless a party requests one, and the nonmoving party has 30 calendar days after filing to object, under RSA 491:8-a and Superior Court Civil Rule 12(g).

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Introduction

In New Hampshire, a Superior Court motion for summary judgment runs its clock from the date the motion is FILED, not from a noticed hearing date: RSA 491:8-a and Superior Court Civil Rule 12(g) set no pre-hearing notice period at all, and no hearing or oral argument is held unless a party specifically requests one and explains why it would help the court, under Super. Ct. Civ. R. 13(b). Once the motion is filed, the nonmoving party has 30 calendar days after filing to object, computed under Super. Ct. Civ. R. 2, which excludes the day of the triggering event and extends a deadline falling on a weekend or holiday to the next business day (RSA 491:8-a, II, IV; Super. Ct. Civ. R. 12(g)(3)(a)). If the opposing party's response draws an additional statement of material facts, the moving party then has 20 calendar days after filing to reply to that additional statement (Super. Ct. Civ. R. 12(g)(3)(d)). RSA 491:8-a sets no statutory filing cutoff: a plaintiff may move for summary judgment at any time after the defendant has appeared, and a defendant may move at any time, with no waiting period, but the case-specific Case Structuring Order must set a dispositive-motion deadline that is not less than 120 days before the trial date (RSA 491:8-a, I; Super. Ct. Civ. R. 5(a)(8)). The Superior Court grants summary judgment if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law, New Hampshire's own statutory wording rather than a verbatim adoption of the federal genuine dispute standard (RSA 491:8-a, III). Rule 12(g) was substantially rewritten under a 2019 order to add the current statement of material facts regime and was further amended by an order published October 29, 2021. The motion must be accompanied by a separate statement of material facts in consecutively numbered paragraphs with record citations, and omitting it is grounds for denial (Super. Ct. Civ. R. 12(g)(2)(a)); the moving party must also email that statement as an editable document to the opposing party, who must respond by typing answers directly below each numbered fact and refiling the document as one consolidated statement, unless excused for a self-represented or incarcerated party or a certified lack of attorney email access (Super. Ct. Civ. R. 12(g)(2)(b), (g)(3)(b)-(c), (g)(4)). The motion and its memorandum together, and the objection and its memorandum together, are each limited to 25 double-spaced pages, though the statement of material facts and any response to it are exempt from that limit (Super. Ct. Civ. R. 12(g)(5)). A party may also seek an interlocutory summary judgment on liability alone while a genuine issue as to damages proceeds to trial, and cross-motions for summary judgment must be combined into a single consolidated document (RSA 491:8-a, III; Super. Ct. Civ. R. 12(g)(6)). Both the mover and the party who was served need to track these deadlines: if the opposing party files no objection within 30 days, the facts in the movant's papers are deemed admitted and RSA 491:8-a, IV directs that judgment be entered on the next judgment day consistent with those facts, but the court need not consider a motion that itself fails to comply with Rule 12(g) and may deny it on that basis regardless of an opponent's silence (Super. Ct. Civ. R. 12(g)(8)). Summary judgment is technical and is frequently lost on procedure rather than the merits, and attorney review is available before filing or responding. This page covers a civil motion for summary judgment in New Hampshire Superior Court under RSA 491:8-a and Rule 12(g). It does not cover a motion to dismiss, a motion to set aside a default judgment, or a motion for summary judgment in federal court, which follows Federal Rule of Civil Procedure 56 rather than New Hampshire's rule.

Key Things to Know

  1. 1

    New Hampshire has no pre-hearing notice period and no hearing unless a party specifically requests one; the clock runs from the date the motion is FILED, not from a hearing date, and the nonmoving party must object within 30 calendar days after filing (RSA 491:8-a, II, IV; Super. Ct. Civ. R. 12(g)(3)(a)).

  2. 2

    If you were served with a New Hampshire motion for summary judgment, your 30-calendar-day objection deadline runs from the date the motion was FILED with the court, not from the date you were served, and your objection must directly answer the movant's separate statement of material facts (Super. Ct. Civ. R. 12(g)(3)(a)-(b)).

  3. 3

    New Hampshire's statute does provide that if no objection is filed within 30 days, the facts in the movant's papers are deemed admitted and RSA 491:8-a, IV directs that judgment be entered on the next judgment day consistent with those facts, but the court need not consider a motion that itself fails to comply with Rule 12(g) and may deny it on that basis regardless of an opponent's silence (Super. Ct. Civ. R. 12(g)(3)(a), (g)(8)).

  4. 4

    A plaintiff may move for summary judgment at any time after the defendant has appeared, and a defendant may move at any time, with no waiting period; RSA 491:8-a sets no statutory filing cutoff, but the case-specific Case Structuring Order must set a dispositive-motion deadline that is not less than 120 days before the trial date (RSA 491:8-a, I; Super. Ct. Civ. R. 5(a)(8)).

  5. 5

    The Superior Court grants summary judgment if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law, New Hampshire's own wording rather than the federal genuine dispute standard, under RSA 491:8-a, III, as implemented procedurally by Super. Ct. Civ. R. 12(g)(1).

  6. 6

    The motion must be filed with a separate statement of material facts in numbered paragraphs with record citations, and the moving party must also email that statement as an editable Word document to the opposing party; the opposing party must respond by typing answers directly below each numbered fact in that same document and refiling it as one consolidated statement (Super. Ct. Civ. R. 12(g)(2)(a)-(b), (g)(3)(b)-(c)).

  7. 7

    The motion and its supporting memorandum together, and the objection and its memorandum together, are each limited to 25 double-spaced pages, though the separate statement of material facts is exempt from that limit; a party may also seek an interlocutory summary judgment on liability alone while damages remain for trial (RSA 491:8-a, III; Super. Ct. Civ. R. 12(g)(5)). This page covers a motion for summary judgment only, not a motion to dismiss, not a motion to set aside a default judgment, and not a federal court motion, which follows a different rule.

Key decisions before you file

Before you file a Motion for Summary Judgment in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.

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New Hampshire Requirements for Motion for Summary Judgment

  • 30-Day Objection Deadline Runs From Filing

    The nonmoving party must object within 30 calendar days after the motion for summary judgment is filed, with the clock running forward from filing rather than from a hearing date, computed under Super. Ct. Civ. R. 2 (RSA 491:8-a, II, IV; Super. Ct. Civ. R. 12(g)(3)(a)).

  • No Pre-Hearing Notice Period; Hearing Only on Request

    New Hampshire sets no pre-hearing notice period for a motion for summary judgment, and no hearing or oral argument is held unless a party specifically requests one and explains why it would assist the court (Super. Ct. Civ. R. 13(b)).

  • 20-Day Reply to Additional Statement of Facts

    If the nonmoving party's objection includes an additional statement of material facts, the moving party must reply to it within 20 calendar days of filing (Super. Ct. Civ. R. 12(g)(3)(d)).

  • 120-Day-Before-Trial Floor for the Filing Deadline

    RSA 491:8-a sets no statutory filing cutoff, but the case-specific Case Structuring Order must set a dispositive-motion deadline that is not less than 120 days before the trial date (Super. Ct. Civ. R. 5(a)(8)).

  • Separate Statement of Material Facts, Emailed as an Editable Document

    The motion must be accompanied by a separate statement of material facts in consecutively numbered paragraphs with record citations, and the moving party must also email that statement to the opposing party as an editable document; omitting the statement is grounds for denial (Super. Ct. Civ. R. 12(g)(2)(a)-(b)).

  • Consolidated Response Required From the Opposing Party

    The opposing party must respond by typing an answer directly below each numbered fact in the movant's emailed statement and refiling it as one consolidated document, along with any additional statement of material facts (Super. Ct. Civ. R. 12(g)(3)(b)-(c)).

  • 25-Page Limit on the Motion and Memorandum Combined

    The motion and its supporting memorandum together, and the objection and its memorandum together, are each limited to 25 double-spaced pages; the statement of material facts and any response to it are exempt from that limit (Super. Ct. Civ. R. 12(g)(5)).

  • Interlocutory Summary Judgment on Liability Alone

    RSA 491:8-a, III authorizes an interlocutory summary judgment on the issue of liability alone while a genuine issue as to the amount of damages proceeds to trial; cross-motions for summary judgment must be combined into a single consolidated document (Super. Ct. Civ. R. 12(g)(6)).

  • Facts Deemed Admitted If No Objection Is Filed

    If no objection is filed within 30 days, the facts in the movant's papers are deemed admitted and RSA 491:8-a, IV directs that judgment be entered on the next judgment day consistent with those facts, but the court need not consider a motion that itself fails to comply with Rule 12(g) and may deny it on that basis (Super. Ct. Civ. R. 12(g)(3)(a), (g)(8)).

Frequently Asked Questions