New Hampshire Superior Court Motion for Extension of Time

MOTION FOR EXTENSION OF TIME

STATE OF NEW HAMPSHIRE — SUPERIOR COURT

CAPTION

THE STATE OF NEW HAMPSHIRE

[________________________________] COUNTY                    SUPERIOR COURT

[________________________________],                          Docket No. [________________________________]
    Plaintiff(s),

v.

[________________________________],
    Defendant(s).

MOTION FOR EXTENSION OF TIME

NOW COMES [________________________________] ("Movant"), by and through counsel, and respectfully moves this Honorable Court pursuant to New Hampshire Superior Court Civil Rule 12(e) for an extension of time within which to [________________________________], and in support thereof states as follows:

I. INTRODUCTION AND IDENTIFICATION OF DEADLINE

1. This civil action was commenced on [__/__/____] and is pending before this Court.

2. Movant seeks an extension of the deadline for: [________________________________]

3. The current deadline was established by:

☐ Case Structuring Order entered under N.H. Super. Ct. Civ. R. 5, dated [__/__/____]
☐ Court Order dated [__/__/____]
☐ New Hampshire Superior Court Civil Rules (specify rule): [________________________________]
☐ Stipulation of the parties dated [__/__/____]
☐ Other: [________________________________]

4. The current deadline is: [__/__/____]

5. The proposed new deadline is: [__/__/____]

6. The total additional time requested is: [____] days.

II. PROCEDURAL HISTORY

7. This case was commenced by the filing of a ☐ Writ of Summons / ☐ Petition / ☐ Other: [________________________________] on [__/__/____].

8. The Answer was filed on [__/__/____].

9. A Case Structuring Conference was held on [__/__/____], and a Case Structuring Order was entered on [__/__/____] pursuant to N.H. Super. Ct. Civ. R. 5.

10. The Case Structuring Order established the following relevant deadlines:

11. The requested extension ☐ will / ☐ will not affect any other deadline in the Case Structuring Order.

III. PRIOR EXTENSIONS

12. Number of prior extensions requested by Movant for this same deadline: [____]

13. Number of prior extensions granted for this same deadline: [____]

14. ☐ This is the first request for an extension of this deadline.
    ☐ Prior extensions were granted on the following dates and for the following reasons:
    [________________________________]

IV. GROUNDS FOR EXTENSION

15. Good cause exists for the requested extension based on the following circumstances (check all that apply):

☐ Complexity of the issues involved in the required filing or act
☐ Volume of discovery materials requiring review (approximately [____] pages/documents)
☐ Necessity of obtaining outstanding discovery responses
☐ Unavailability of essential witnesses for deposition or interview
☐ Ongoing good-faith settlement discussions between the parties
☐ Need to retain, consult with, or obtain a report from an expert witness
☐ Illness or medical emergency of counsel, party, or essential witness
☐ Unavoidable scheduling conflict of counsel (specify): [________________________________]
☐ Recent substitution or addition of counsel
☐ Third-party records requests or subpoena responses outstanding
☐ Intervening court ruling or change in applicable law
☐ Parties have agreed to a revised schedule and request Court approval
☐ Other good cause: [________________________________]

16. Specific factual basis for the requested extension:

[________________________________]
[________________________________]
[________________________________]

V. LEGAL STANDARD

A. Superior Court Civil Rule 12(e) — Extensions of Time

17. New Hampshire Superior Court Civil Rule 12(e) governs motions for continuance and extension of time in civil cases. The rule provides that all motions for continuance or postponement must:

a. Be signed and dated by the attorney, non-attorney representative, or self-represented party filing the motion;
b. State the grounds for the continuance with particularity;
c. Include a statement as to whether the opposing party assents or objects; and
d. Be filed as soon as the reason for the continuance becomes apparent to the movant.

18. Under Rule 12(e), the Court may grant an extension of time upon a showing of good cause. The Court retains discretion to grant or deny the motion based on the circumstances presented.

B. Case Structuring Order Modifications

19. Under N.H. Super. Ct. Civ. R. 5, once a Case Structuring Order has been entered, modifications to the schedule require a showing of good cause. The parties may submit a stipulated modification for the Court's approval, or a party may file a motion demonstrating why modification is warranted.

20. Within 20 days of the answer date, counsel must confer to discuss claims, defenses, discovery, and scheduling. If the parties reach agreement, a stipulation shall presumptively become the Case Structuring Order. See N.H. Super. Ct. Civ. R. 5(a)-(b).

C. Continuances Under RSA 514:9

21. N.H. RSA 514:9 provides that the Superior Court may grant continuances for good cause shown, exercising sound judicial discretion. The statute supplements the procedural rules and confirms the Court's inherent authority to manage its docket.

D. Factors Considered by New Hampshire Courts

22. New Hampshire courts consider the following factors in evaluating motions for extension:

a. The diligence of the movant in attempting to comply with the original deadline;
b. Whether the delay was caused by circumstances beyond the movant's reasonable control;
c. The prejudice, if any, to the opposing party;
d. The length of the extension requested in relation to the complexity of the matter;
e. Whether the extension will necessitate continuance of the trial date;
f. The number of prior extensions granted;
g. The overall interests of justice and efficient case management.

See Arcidi v. Town of Rye, 150 N.H. 694 (2004); In re Estate of Cass, 157 N.H. 27 (2008).

VI. ARGUMENT IN SUPPORT

A. Good Cause Exists for the Extension

23. [________________________________]

24. Movant has acted with diligence in attempting to meet the current deadline, including:
    [________________________________]
    [________________________________]

B. No Prejudice to Opposing Party

25. Granting the requested extension will not prejudice [________________________________] ("Non-Movant") because:

☐ The trial date of [__/__/____] will not be affected
☐ No other Case Structuring Order deadlines will be impacted
☐ Non-Movant will retain adequate time to respond or prepare
☐ Non-Movant has assented to the extension
☐ The extension is modest in duration ([____] days)
☐ Other: [________________________________]

C. The Extension Serves the Interests of Justice

26. The requested extension will promote the fair and efficient resolution of this action by allowing Movant to [________________________________], ensuring that [________________________________].

VII. POSITION OF OPPOSING PARTY

27. Pursuant to N.H. Super. Ct. Civ. R. 12(e), Movant states the position of the opposing party as follows:

28. ☐ Opposing counsel assents to the requested extension.
    ☐ Opposing counsel does not object to the requested extension.
    ☐ Opposing counsel objects to the requested extension.
    ☐ Opposing counsel has not responded to the conferral request as of the date of filing.
    ☐ Opposing party is self-represented and was contacted on [__/__/____].

29. Date of conferral or attempted conferral: [__/__/____]

30. Method of conferral:
    ☐ Telephone ☐ Email ☐ In person ☐ Written correspondence

31. If opposing counsel objects, the stated basis for objection is: [________________________________]

32. ☐ Other parties wishing to join in this motion have done so in writing, as required by Rule 12(e).

VIII. CERTIFICATE OF CONFERRAL

I, [________________________________], counsel for Movant, hereby certify that on [__/__/____], I conferred with [________________________________], counsel for [________________________________], regarding this Motion for Extension of Time.

☐ Opposing counsel assented to the extension.
☐ Opposing counsel did not object to the extension.
☐ Opposing counsel objected for the following reasons: [________________________________]
☐ Despite good-faith efforts on the following dates and by the following means, I was unable to confer with opposing counsel: [________________________________]

Signature: [________________________________]
Date: [__/__/____]

IX. DECLARATION

I, [________________________________], hereby declare under the penalties of perjury under the laws of the State of New Hampshire that:

1. I am the ☐ Movant / ☐ Attorney for Movant in this action.

2. The facts stated in this Motion are true and correct to the best of my knowledge, information, and belief.

3. This motion is made in good faith and not for any improper purpose, including delay, harassment, or needlessly increasing the cost of litigation.

4. Good cause exists for the requested extension as set forth herein.

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

X. PRAYER FOR RELIEF

WHEREFORE, Movant respectfully requests that this Honorable Court enter an Order:

1. Extending the deadline for [________________________________] from [__/__/____] to [__/__/____];

2. Directing that all other Case Structuring Order deadlines and the trial date remain in effect unless otherwise ordered by the Court; and

3. Granting such other and further relief as this Court deems just and equitable.

SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], New Hampshire [________] (City, Zip)
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

By: ________________________________________
    [________________________________]
    N.H. Bar No. [________________________________]
    Attorney for [________________________________]

Date: [__/__/____]

PROPOSED ORDER

THE STATE OF NEW HAMPSHIRE

[________________________________] COUNTY                    SUPERIOR COURT

[________________________________],                          Docket No. [________________________________]
    Plaintiff(s),

v.

[________________________________],
    Defendant(s).

                ORDER ON MOTION FOR EXTENSION OF TIME

    The Court has considered [________________________________]'s Motion for Extension
of Time filed on [__/__/____], any objection thereto, and the record in this
matter. Good cause having been shown pursuant to N.H. Super. Ct. Civ. R.
12(e), it is hereby ORDERED:

    1. The Motion for Extension of Time is GRANTED.

    2. The deadline for [________________________________] is hereby
       extended from [__/__/____] to [__/__/____].

    3. All other Case Structuring Order deadlines and the trial date of
       [__/__/____] shall remain in full force and effect.

    4. [Additional conditions, if any: ________________________________]

SO ORDERED.

Date: ____________________


                              ________________________________________
                              [________________________________]
                              Presiding Justice

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true copy of the foregoing Motion for Extension of Time and Proposed Order was filed electronically through the New Hampshire Superior Court e-Filing System (Odyssey File & Serve) and served on all counsel of record. Service was also made by the following means upon:

________________________________________
[________________________________]
N.H. Bar No. [________________________________]

PRACTICE NOTES FOR NEW HAMPSHIRE PRACTITIONERS

Key New Hampshire-Specific Considerations

1. E-Filing via Odyssey: New Hampshire Superior Courts use the Odyssey File & Serve electronic filing system. All filings in civil actions should be submitted electronically through this system unless an exemption applies. Attorneys must register for an Odyssey account.

2. Case Structuring Order (Rule 5): The Case Structuring Order is the primary scheduling mechanism in New Hampshire Superior Court. Modifications require good cause. If both parties agree, they may submit a stipulated revision for the Court's approval, which is presumptively adopted.

3. Conferral Requirement: Rule 12(e) requires that the motion state whether the opposing party assents or objects. Additionally, any other party wishing to join in the motion must do so in writing. Failure to include this information may result in the motion being denied.

4. Timing of Filing: Rule 12(e) requires that motions for continuance or extension be filed "as soon as the reason for the continuance becomes apparent to the movant." Delay in filing may be treated as a factor weighing against the motion.

5. Dispositive Motion Deadline: Under Rule 5, the deadline for filing all dispositive motions must be set at least 120 days before the trial date. Extensions that would encroach on this period will receive heightened scrutiny.

6. Official Court Forms: The New Hampshire Judicial Branch provides an official "Motion for Extension of Time" form available on the courts.nh.gov website. While this template provides a more comprehensive format, practitioners should verify that their filing conforms to any form requirements of the specific Superior Court location.

7. Time Computation: Under N.H. Super. Ct. Civ. R. 1(c), when computing time periods, exclude the day of the triggering event and include the last day. If the last day falls on a Saturday, Sunday, or legal holiday, the period extends to the next business day.

8. County-Specific Practices: New Hampshire has 10 counties, each with a Superior Court. Some courthouses may have specific local practices or preferences regarding motions. Check with the clerk's office for any location-specific requirements.

Sources and References

• N.H. Super. Ct. Civ. R. 4 — Motions — General
• N.H. Super. Ct. Civ. R. 5 — Case Structuring Order
• N.H. Super. Ct. Civ. R. 9 — Discovery
• N.H. Super. Ct. Civ. R. 12(a)-(e) — Motions — Specific
• N.H. RSA 514:9 — Continuances
• Arcidi v. Town of Rye, 150 N.H. 694 (2004)
• In re Estate of Cass, 157 N.H. 27 (2008)
• New Hampshire Judicial Branch — Superior Court Civil Rules: https://www.courts.nh.gov/rules-superior-court-state-new-hampshire/civil-rules
• New Hampshire Judicial Branch — Motion for Extension of Time Form: https://www.courts.nh.gov/documents/motion-extension-time
• New Hampshire Judicial Branch — Odyssey File & Serve: https://www.courts.nh.gov