Bill Details - HB421 (2019)

HB 421 - AS INTRODUCED

 

 

2019 SESSION

19-0601

06/10

 

HOUSE BILL 421

 

AN ACT relative to the requirements for summary judgment in a civil action.

 

SPONSORS: Rep. Plumer, Belk. 6; Rep. Viens, Belk. 1

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill changes procedures for summary judgment.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0601

06/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the requirements for summary judgment in a civil action.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Superior Court; Motions for Summary Judgment.  Amend RSA 491:8-a, III-V to read as follows:

III.  Summary judgment shall be rendered forthwith if:

(a)  The opposing party fails to file contradictory affidavits within 30 days, or

(b) The pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits filed, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.  A summary judgment, interlocutory in character, may be rendered on the issue of liability alone, although there is a genuine issue as to the amount of damages.

IV.  [If affidavits are not filed by the party opposing the summary judgment within 30 days,] When summary judgment has been rendered as a result of the opposing party failing to file affidavits, final judgment shall be entered on the next judgment day in accordance with the facts.  When a motion for summary judgment is made and supported as provided in this section, the adverse party may not rest upon mere allegations or denials of his pleadings, but his response, by affidavits or by reference to depositions, answers to interrogatories, or admissions, must set forth specific facts showing that there is a genuine issue for trial.  When the adverse party has rested on mere allegations and denials, final judgment will be entered as a matter of law on the next judgment day.

V.  A final judgment arising from a summary judgment motion shall be considered, the nature of the proceeding notwithstanding, as a final decision on the merits, having preclusive effect.  It may also constitute the basis for a mandatory appeal to the supreme court, either as an interlocutory appeal or to be considered together with the merits of any hearing or trial held.

VI.  If it appears to the court at any time that:

(a)  affidavits are intentionally not being provided in bad faith; or

(b)  any of the affidavits presented pursuant to this section are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party presenting them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees.  Any offending party or attorney may be found guilty of contempt.

2  Effective Date.  This act shall take effect January 1, 2020.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Judiciary HJ 3 P. 13
Jan. 16, 2019 Public Hearing: 01/16/2019 01:30 pm LOB 208
Jan. 22, 2019 Executive Session: 01/22/2019 01:00 pm LOB 208
Feb. 14, 2019 Committee Report: Inexpedient to Legislate for 02/14/2019 (Vote 16-2; CC) HC 11 P. 8
Committee Report: Inexpedient to Legislate (Vote 16-2; CC)
Feb. 14, 2019 Inexpedient to Legislate: MA VV 02/14/2019 HJ 5 P. 17

Action Dates

Date Body Type
Jan. 16, 2019 House Hearing
Jan. 22, 2019 House Exec Session
House Floor Vote
Feb. 14, 2019 House Floor Vote

Bill Text Revisions

HB421 Revision: 4619 Date: Jan. 8, 2019, 8:29 a.m.