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D.N.H. LCrR 12.1

Motion Practice

activein force · 2025-12-01 – presentact-effective-date

(a) Discovery Motions. Discovery motions shall be filed within thirty (30) days after the

arraignment.

(b) Dispositive and Evidentiary Motions. Dispositive and evidentiary motions, which

shall not include motions in limine, shall be filed no later than twenty-one (21) days prior to

trial. For the purpose of this rule and LR 7.1(a) and (c) – (f), dispositive motions include

motions to dismiss and motions to suppress.

(c) Motions in Limine. Motions in limine shall be filed no later than seven (7) days prior

to trial. Objections to motions in limine shall be filed on the day of trial.

(d) Motions for Continuance of Trial. Any defense motions to continue trial must either

(1) be accompanied by a waiver of speedy trial signed by the defendant, or (2) contain a

certification by defense counsel that (i) defense counsel has consulted with the defendant

about the requested continuance, (ii) defense counsel has explained to the defendant that, by

seeking a continuance, the defendant is waiving his constitutional and statutory rights to a

speedy trial, (iii) the defendant has personally assented to the continuance, and (iv) defense

counsel is mailing forthwith to the defendant a copy of the motion to continue. The motion

must specify the jury selection date for the presiding judge’s trial period to which the trial is

being continued.

(e) Assented to Motions to Extend Time to Indict. Either simultaneous with the filing of

an assented to motion to extend the time to indict, or within ten (10) days after an order

granting the motion, defense counsel must file a waiver of speedy trial signed by the

defendant or a certification as set forth in subsection (d).

(f) Objections. Unless the Federal Rules of Criminal Procedure or these local rules

provide otherwise, an objection and memorandum in opposition to a motion shall be filed

within fourteen (14) days from the date the motion is filed. Unless an objection is filed

within the time established by this rule, the party opposing the motion shall be deemed to

have waived objections, and the court may act on the motion.

(§ (d) amended 1/1/03; § (b) amended, § (c) added, former §§ (c)-(d) relettered accordingly

1/1/08; § (e) amended 12/1/09; § (e) added, former § (e) relettered accordingly, §§ (d) and new §

(f) amended 12/1/21; §§ (b) and (d) amended 12/1/23)

Provenance

Source
www.nhd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
a89931fc5c002416051a3db779f381fecef0569e129cfa045fe157a9a99d763c
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