Revision: Jan. 8, 2019, 8:29 a.m.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.