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. [________________________________]

MOTION FOR EXTENSION OF TIME

NOW COMES [________________________________] ("Movant"), by and through counsel, and respectfully requests an extension of the deadline to [________________________________]. The requested relief concerns ☐ a deadline in a Rule 5 Case Structuring Order ☐ a time limit in a court rule (Rule 1(d) waiver requested) ☐ a scheduled proceeding (Rule 12(c) continuance or postponement) ☐ another court-ordered deadline: [________________________________].

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. The Complaint was filed on [__/__/____], commencing this civil action under N.H. Super. Ct. Civ. R. 4(b). The Court provided the Summons for service under Rule 4(c).

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. Identify the deadline being changed

17. Rule 5 governs the Case Structuring Order and its scheduled subjects. Ask the Court to approve a revised date when this motion would change that order. If a court-rule time limit itself must be waived, identify that rule and explain good cause under Rule 1(d). Rule 12(c) applies when the request continues or postpones a scheduled proceeding; it does not supply a general deadline-extension procedure.

If this is a Rule 12(c) continuance or postponement, the filing attorney, representative, or self-represented party must sign and date the motion. Include the required certificate that the filing party was told the reasons, assented orally or in writing, and received a copy. Another party joining the motion must do so in writing.

18. Rule 12(c)(1) permits continuances on terms the Court orders. Explain the requested relief and its effect on other dates, and obtain a court order before treating an existing deadline as changed.

B. Case Structuring Order Modifications

19. Under N.H. Super. Ct. Civ. R. 5, an accepted stipulation or an order following a case structuring conference sets the litigation schedule. Explain the reasons for a proposed change and request Court approval. Rule 5 does not itself state a universal good-cause test for later modifications.

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. Inherent Authority to Manage the Docket

21. Apart from Rule 12(c), the Superior Court retains inherent authority to manage its own docket and calendar, including the authority to grant or deny continuances and extensions of time in the exercise of sound judicial discretion.

D. Facts supporting this request

22. Address the following facts where relevant so the Court can assess the proposed change:

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.

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. Movant reports the opposing party's position to assist the Court:

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. ☐ This is a Rule 12(c) continuance or postponement, and any other party joining the motion has done so in writing. ☐ Not applicable.

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: [__/__/____]

CERTIFICATE FOR A SCHEDULED PROCEEDING (RULE 12(c), IF APPLICABLE)

☐ This request continues or postpones a scheduled proceeding. I certify that the filing party was informed of the reasons stated in this motion, assented ☐ orally ☐ in writing, and was forwarded a copy of this motion on [__/__/____].

☐ This request concerns only a filing or case-management deadline; Rule 12(c)'s continuance certificate does not apply.

Signature of filing attorney, representative, or self-represented party: [________________________________] 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. [________________________________]

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. The request is ☐ a Rule 5 schedule change ☐ a Rule 1(d) waiver of [RULE] for good cause ☐ a Rule 12(c) continuance or postponement ☐ another deadline change: [________________________________]. 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. An initial stipulation under Rule 5(b) becomes the order if the Court finds it acceptable. For a later change, request Court approval and explain its effect on the schedule.

3. Rule 12(c) certificate: For a continuance or postponement, the filer certifies that the filing party knows the reasons, assented, and received a copy. This is separate from any report of an opposing party's position. A joining party must join in writing.

4. Timing of Filing: File promptly enough for the Court to act before the existing deadline or scheduled proceeding. Rule 12(c) itself does not prescribe the quoted filing-time formula previously used in this template.

5. Dispositive Motion Deadline: Rule 5(a)(8) calls for the original dispositive-motion deadline to be set at least 120 days before trial. If the requested change would affect that interval, identify the effect and ask the Court to address it; Rule 5 does not state a separate "heightened scrutiny" test.

6. Official Court Forms: The New Hampshire Judicial Branch's standardized "Motion for Extension of Time" form (NHJB-2132-P / NHJB-2132-Pe) is a Circuit Court Probate Division form used for fiduciary filing deadlines; it is not a Superior Court civil-litigation form. Use the applicable Superior Court rules and the specific order that set the deadline.

7. Time Computation: Under N.H. Super. Ct. Civ. R. 2, 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 end of the next day that is not a Saturday, Sunday, or legal holiday.

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. 2 — Computation of Time
• N.H. Super. Ct. Civ. R. 1(d) — Waiver for good cause
• N.H. Super. Ct. Civ. R. 4 — Preliminary Process
• N.H. Super. Ct. Civ. R. 5 — Case Structuring Order
• N.H. Super. Ct. Civ. R. 9 — Answers; Defenses; Forms of Denials
• N.H. Super. Ct. Civ. R. 12(c) — Motions to Continue
• 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 — Superior Court Attorney E-Filing (Case Access Portal / Odyssey File & Serve): https://www.courts.nh.gov/resources/electronic-services/superior-court/attorneys