D.N.H. LR 9.3

The following procedures shall govern all actions based upon 20 U.S.C. § 1415(i).

(a) The Administrative Record. The administrative record shall consist of any documents

contained in the administrative file, any findings or decisions of the hearing officer, a

transcript of those portions of the administrative hearing or hearings that either party or the

court reasonably deems to be necessary to the resolution of the case, and any exhibits

produced during the administrative hearing or hearings. The administrative record will be

sealed upon filing with the court, unless otherwise ordered.

(b) Filing of the Administrative Record. The plaintiff shall obtain and file a copy of the

administrative record within thirty (30) days after the complaint is filed. If a portion of the

administrative hearing required to resolve the case has not been transcribed by the date that

the administrative record is filed, the plaintiff shall order a transcript of that portion of the

hearing within fourteen (14) days after the administrative record is filed, and file the

transcript as soon as it becomes available. When the plaintiff determines that the

administrative record is complete, the plaintiff shall serve on the defendant a proposed

certificate of completion listing the documents and portions of the transcript comprising the

administrative record. If the defendant agrees that the administrative record is complete, the

defendant shall promptly file the certificate of completion. Alternatively, if the defendant

determines that a transcript of additional portions of the administrative hearing or additional

documents comprising the record will be required, the defendant shall notify the Court of its

intent to supplement the administrative record within fourteen (14) days of the filing of the

proposed certificate of completion. The defendant shall then order the supplemental

transcript within fourteen (14) days after the notice of intent to supplement the administrative

record is filed. The defendant shall file the supplemental transcript, any additional

documents and a certificate of completion as soon as the supplemental transcript becomes

available.

(c) Evidentiary Hearings. Within fourteen (14) days after the answer or the certificate of

completion is filed, whichever is later, any party seeking an evidentiary hearing shall file a

motion for evidentiary hearing and a supporting memorandum. The motion and the

supporting memorandum shall identify with specificity any evidence that will be produced at

the evidentiary hearing and shall explain why such evidence is necessary to the resolution of

the case. Any objection to a motion for evidentiary hearing shall be filed together with a

supporting memorandum within fourteen (14) days after the motion is filed. An evidentiary

hearing will not be held unless ordered by the court.

(d) Joint Statement of Material Facts. Within thirty (30) days after the answer or a

certificate of completion is filed, whichever is later, the plaintiff shall serve on the defendant a

proposed joint statement of material facts. This statement shall be in narrative form, contain

record citations, summarize all procedural developments, and describe all facts pertinent to

the resolution of the case. Within fourteen (14) days after the proposed joint statement of

material facts is filed, the defendant shall inform the plaintiff of any proposed additions or

deletions to the joint statement. Within fourteen (14) days of receipt of the defendant’s

proposed additions and deletions, the plaintiff shall file a joint statement of material facts

containing all agreed-upon facts and record citations. If any material facts remain in dispute,

the parties shall each file a list of disputed facts including record citations within fourteen (14)

days after the joint statement of material facts is filed by the plaintiff.

(e) Decision Memoranda. Unless the court orders an evidentiary hearing, the parties shall

file Decision Memoranda within thirty (30) days after the joint statement of material facts is

filed. Each party shall then have fourteen (14) days to file a reply to the other party’s

Decision Memorandum. The reply shall not exceed ten (10) pages.