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The New Hampshire form, integral to the legal proceedings within the state's Judicial Branch, serves as a vital document for individuals seeking to motion the court for a variety of requests. This form allows for the formal submission of facts and requests for relief directly to the court, encapsulating the petitioner's stance and desired outcome within a legal framework. Ensuring correct and timely submission, the form outlines clear directives on how it can be delivered to the opposing party, whether through hand-delivery, US Mail, or, under specific conditions agreed upon by both parties, via email. It is tailored to facilitate a streamlined process, detailing the case name, case number, and the specific motion being filed, thus providing the court with essential information at a glance. With sections for both the submission of the motion and the court's ruling, the document stands as a comprehensive tool for navigating the judicial process. Upon submission, the form bears the petitioner’s signature and contact information, a testament to the authenticity and seriousness of the request. The conclusion of the judicial process on the motion is meticulously recorded in the form, documenting whether the motion was granted or denied by either a Marital Master or a Judge, ensuring a clear, official record of the court's decision. This form, a testament to the structured and detailed nature of legal proceedings, exemplifies the importance of precision and clarity in the journey toward seeking judicial relief in New Hampshire.

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For e-Filing only

THE STATE OF NEW HAMPSHIRE

JUDICIAL BRANCH

http://www.courts.state.nh.us

Court Name:

Case Name:

Case Number:

(if known)

 

 

MOTION:

 

 

1. I

 

 

 

am filing this motion on my own behalf.

OR

 

 

 

 

I am a person authorized by court rules to appear on behalf of another in this case. I am filing this motion on behalf of

2. The facts supporting this motion are:

3. With this motion, I am requesting the following relief:

4.

The other party

does

does not agree with the relief requested in this motion.

OR

I was unable to or did not obtain the other party’s opinion on this motion because:

NHJB-2201-DFPe* (01/01/2018)

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Case Name:

Case Number:

MOTION:

Filing Statement:

I am filing this pleading on my own behalf. The information contained in this pleading is true to the best of my knowledge and belief. I understand that making a false statement in this pleading may subject me to criminal penalties.

OR

I am an attorney filing this pleading on behalf of my client or I am a person authorized by court rules to appear on behalf of another. To the extent this pleading contains facts not apparent in the case file, I am attaching an affidavit or statement signed under penalty of criminal prosecution attesting to the truth of those facts.

I state that on this date I am sending a copy of this document as required by the rules of the Circuit Court. I am electronically sending this document through the court’s electronic filing system to all attorneys and to all other parties who have entered electronic service contacts (email addresses) in this case. I am mailing or hand-delivering copies to all other interested parties.

/s/

Name of Filer

 

 

Signature of Filer

Date

 

 

 

 

 

Law Firm, if applicable

Bar ID # of attorney

 

Telephone

 

 

 

 

 

 

 

Address

 

 

 

E-mail

 

 

 

 

 

 

 

City

State

Zip code

 

 

 

NHJB-2201-DFPe* (01/01/2018)

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Document Breakdown

Fact Detail
Form Type Motion Form
State New Hampshire
Governing Law New Hampshire Judicial Branch
Form Number NHJB-2201-DF
Revision Date March 25, 2013
Delivery Methods Hand-delivery, US Mail, E-mail (with prior agreement)
Components Court Name, Case Name, Case Number, Motion Details, Signature, Telephone, Address, Delivery Certification
Decision Outcomes Motion granted or denied by Marital Master/Judge
Website http://www.courts.state.nh.us

Detailed Instructions for Writing New Hampshire

Filling out a legal form accurately is a vital process in any judicial proceeding. It ensures that all parties involved have the correct information, and it helps in making the legal process efficient. In New Hampshire, when someone needs to file a motion with the court, they must complete the specified form with attention to detail to ensure their request is properly considered. Below are step-by-step instructions on how to fill out the New Hampshire Judicial Branch form for filing a motion.

  1. Start by visiting the official website of the New Hampshire Judicial Branch at http://www.courts.state.nh.us to download the most current version of the form you need to file.
  2. Fill in the name of the court where you are filing the motion in the "Court Name" field.
  3. Enter the names of the parties involved in the case in the "Case Name" field.
  4. If you know the case number, enter it in the "Case Number" field. If you do not know it, you may leave it blank.
  5. In the section labeled "MOTION FOR:", clearly state the facts of your case and the relief you are seeking from the court. Be specific and concise to ensure your request is understood.
  6. Sign and date the form in the designated "Signature" and "Date" fields under the motion section.
  7. Provide your telephone number and address where indicated.
  8. Certify that you have provided a copy of this document to the opposing party or their attorney. Check the appropriate method of delivery – either by hand-delivery, US Mail, or E-mail (only if there is a prior agreement and it is allowed by the Circuit Court Administrative Order). Fill in the date you shared the document.
  9. Sign and date the certification section.

After completing the form, you should review it thoroughly to ensure all the information is correct and no sections have been missed. Once satisfied, submit the form to the appropriate court office either by hand-delivery or by mail, as per the court's requirements. The next steps would involve the court reviewing your motion and deciding on it in a hearing. The marital master or judge will then grant or deny the motion, and their decision will be documented on the form itself under the "ORDER" section, which is strictly for official judicial use.

Essential Queries on New Hampshire

What is the New Hampshire form for?

The New Hampshire form, specifically the NHJB-2201-DF, is utilized for submitting motions within the judicial system of the state. It allows an individual to state facts and request specific relief pertaining to a case. This might include requests for court orders or changes to existing orders.

How can I deliver this form?

The form can be delivered by hand or sent to the other party's attorney via US Mail. Additionally, with prior agreement based on the Circuit Court Administrative Order, it can be delivered by email.

Is there a need to provide a copy of this document to the other party or their attorney?

Yes, it's obligatory to provide a copy of the document to the other party or their attorney. This ensures that all parties are aware of the motions being filed and have an opportunity to respond.

What information needs to be included in the motion section?

In the motion section, the individual filing the form must clearly state the facts of the case and the specific relief they are requesting from the court. This section should be as detailed as possible to fully inform the court and the opposing party.

What happens after the motion is filed?

After the motion is filed, it will be reviewed by a marital master or judge who will then make a decision. The decision can either grant or deny the motion. If the motion is granted, the requested relief will be applied to the case.

Who can sign the motion?

The individual filing the motion must sign and date the form. If the motion pertains to a legal representation, the attorney handling the case would sign it.

What is the significance of the judge's certification at the bottom of the form?

The judge's certification confirms that the judge has reviewed the marital master's recommendation and agrees that the correct legal standard has been applied to the facts as determined. This is a crucial step in ensuring that the decision is fair and based on accurate information.

Can the order be appealed if the motion is denied?

If the motion is denied, the individual who filed the motion may have the option to appeal the decision, depending on the circumstances and the specific rules of the court. Such actions should be considered carefully and, ideally, discussed with a legal professional.

Common mistakes

When individuals embark on the task of filling out the New Hampshire Judicial Branch forms, particularly the form designated for motions within the state's legal system, a number of common pitfalls can interfere with the clarity, accuracy, and ultimately, the success of the submission. These forms, crucial for petitioning the court for a variety of actions in cases, require careful attention to detail and a clear understanding of the process. Below, six frequently encountered mistakes are outlined to aid in the proper completion and submission of these forms.

  1. Failure to specify the court correctly: One of the most fundamental yet often overlooked details is the accurate identification of the court. Each submission must denote the correct court name at the top of the form. Given the structure of the judicial system, with its various levels and special jurisdictions, misidentifying the court can lead to processing delays or the motion being outright dismissed.

  2. Incomplete case information: The form requests specific information such as the case name and number. Omitting these details or providing incorrect information may result in administrative confusion, misfiled documents, or worse, an inability to match the motion to the existing case, thereby stalling legal proceedings.

  3. Not providing detailed factual background: The section of the form that asks for the facts supporting the motion is critical. Vague or incomplete recitations of facts can weaken the motion. It is imperative that the filer comprehensively and accurately conveys the relevant facts that substantiate the request for relief.

  4. Ignoring the requirements for serving documents: Proper service of the motion on all parties involved is not just a procedural nicety; it's a legal requirement. The form delineates options for service, including hand-delivery, U.S. Mail, and email (the latter only with prior agreement). Neglecting to correctly serve the document, or failing to indicate accurately on the form how service was made, contravenes court rules and can invalidate the motion.

  5. Oversights in signing and dating the form: The motion form requires signatures and dates in several places, including the section certifying that a copy has been served on the other party. Skipping any signature or date not only renders the submission incomplete but also questions the veracity of the information provided and the compliance with procedural mandates.

  6. Not aligning requests for relief with demonstrated facts: A successful motion not only requires stating the facts but also articulating how those facts support specific requests for relief. This alignment of facts with requested actions or decisions underscores the logical underpinning of the motion’s purpose. Failure to make this connection clear can lead to the court being unable or unwilling to grant the requested relief.

In crafting legal documents, particularly in the submission of motions within the New Hampshire Judicial Branch, adhering closely to required protocols and avoiding these common mistakes can significantly impact the motion's reception and the pace at which it moves through the legal process. Attention to detail, thoroughness in explanation, and compliance with procedural requisites stand as pillars for effective legal filing.

Documents used along the form

When navigating the legal processes in New Hampshire, particularly within the family court system, various forms and documents typically accompany the New Hampshire form, known formally as NHJB-2201-DF. Understanding each document’s purpose can streamline the procedure for all parties involved, making the legal journey less daunting. Here’s a brief overview of some forms and documents that are often used alongside the NHJB-2201-DF.

  • Financial Affidavit: This document requires the parties involved to disclose their financial situations fully. It includes income, expenses, assets, and liabilities, ensuring fair financial decisions.
  • Parenting Plan: For cases involving child custody, a parenting plan outlines how parents will share responsibilities, including decision-making authority and parenting time schedules.
  • Child Support Guidelines Worksheet: This worksheet helps calculate child support obligations based on the parents' financial affidavits and the needs of the child(ren).
  • Uniform Support Order: Once child support has been determined, this order formalizes the amount and frequency of payments from one parent to the other.
  • Marital Settlement Agreement: In cases of divorce, this document outlines how the couple has agreed to divide their marital assets, debts, and any spousal support arrangements.
  • Temporary Orders: These are orders issued by the court to address immediate needs or concerns until a final order can be made. They can cover child support, custody, alimony, and property use.
  • Domestic Violence Protective Order: For individuals facing domestic violence, this form requests protective measures from the court to ensure their safety and that of their family.
  • Notice of Hearing: This document informs all parties involved of the date, time, and place where the court will hear their case.
  • Response to Motion: If one party files a motion, such as the NHJB-2201-DF, the other party can use this form to agree, disagree, or offer a different perspective on the matter presented.
  • Certificate of Service: This form certifies that a party has served copies of documents to all other parties involved in the case, in accordance with the court's rules.

These forms and documents play a crucial role in ensuring fairness, clarity, and efficiency throughout the legal process. Familiarizing oneself with these documents can significantly aid individuals navigating the complexities of the New Hampshire judicial system.

Similar forms

The New Hampshire form is similar to various legal documents used in judicial proceedings across different states. The key features that illustrate its similarity to other documents include the structure and the purpose it serves in facilitating communication between parties and the court. The elements, such as providing case information, stating the motion, and including certification of document service to other parties, are common features in legal documentation related to court motions.

One such document is the California Judicial Council Form, which is used for a wide array of purposes within the state's court system. Just like the New Hampshire form, it requires the parties involved to provide detailed information about the case, including the case name and number. One of the main similarities lies in the section where parties must indicate how they served the document to the other parties, offering options such as hand-delivery and mail. Both forms include a certification or declaration by the person filing the document, affirming the accuracy of information provided and compliance with service requirements.

Another document that shares similarities is the Florida Supreme Court Approved Family Law Form. This form, particularly used in familial legal matters, stresses the importance of providing a clear record of service to other parties, akin to the New Hampshire document. Both forms guide the respondent on how to indicate the method of service, such as through mail or electronic means, echoing the procedural steps necessary in legal proceedings. Additionally, they also have a section dedicated to the decision made by a court official (e.g., marital master or judge), including the orders that were granted or denied, thereby facilitating a structured communication channel between the court and the involved parties.

Lastly, the Texas State Courts Motion Form bears resemblance in its functionality and structure. This form is instrumental in procedural matters, requiring detailed identification of the case, parties involved, and the nature of the motion, similar to the New Hampshire example. The emphasis on certification of service to the opposing party, whether through electronic means or direct mail, is a critical feature that underscores the importance of ensuring all parties are informed of the pending motions and requests before the court. Additionally, both forms culminate in a section where the outcome of the motion is documented, complete with the judicial officer's signature, thereby closing the communication loop in the litigation process.

Dos and Don'ts

When filling out the New Hampshire Judicial Branch form, it's essential to approach this task with attention to detail and thoughtfulness. Here are some dos and don’ts that will help ensure the process goes smoothly and your submission is as strong as it can be.

Do:
  • Read the instructions carefully before starting to fill out the form to ensure you understand every requirement.
  • Use a black or blue pen if filling out the form by hand, as these colors are typically required and easier to read.
  • Provide accurate and complete information in every section to avoid delays or issues with your filing.
  • Include the case name and number (if known) as specified on the form to ensure your documents are properly matched with the correct case.
  • Make a copy of the completed form for your records before handing it in or mailing it.
Don’t:
  • Rush through the process. Taking your time can prevent mistakes that might complicate your case or require you to start over.
  • Leave sections blank unless the form explicitly says it's okay to do so. If something does not apply, consider writing "N/A" to indicate this.
  • Forget to sign and date the form where required. Your signature is necessary to validate the information and requests you're making.
  • Use e-mail to send the form without prior agreement of the parties, as per the Circuit Court Administrative Order mentioned in the document.
  • Ignore the requirement to provide a copy of the document to the other party or their attorney. This step is not just courteous but often a legal requirement to ensure fairness in the proceeding.

By following these practical steps, you can confidently complete and submit your New Hampshire Judicial Branch form, ensuring that your submission is correctly executed and will be processed without unnecessary delay.

Misconceptions

Understanding legal documents can be challenging, and the New Hampshire form, specifically designed for motions in court, is no exception. Here, we aim to clarify some common misconceptions about this form to help individuals navigate their legal proceedings with more confidence.

  • Misconception 1: The form can only be used for filing a motion. While it's primarily designed for motions, the New Hampshire form serves multiple purposes within the judicial process. It facilitates communication between parties and the court, allowing for the submission of various requests, not limited to motions.

  • Misconception 2: Electronic submission is always an option. The form mentions the possibility of email submission, but this is subject to prior agreement and the specific rules of the circuit court in question. Parties should not assume electronic delivery is acceptable without confirming it complies with court orders or administrative directives.

  • Misconception 3: Hand-delivery and US Mail are the only delivery methods. While the form specifies hand-delivery or US Mail, it also opens the possibility for email delivery, contingent on prior agreement. This flexibility is often overlooked, though it's crucial for ensuring documents are submitted in compliance with court preferences.

  • Misconception 4: The judge's signature is the final step. The process detailed on the form includes a recommendation by a marital master or judicial referee, which the judge then reviews. However, the judge's agreement and signature do not necessarily conclude the matter. The judge's decision can still be subject to further legal challenges or appeals, indicating the ongoing nature of legal proceedings.

  • Misconception 5: The form is only applicable within the judicial branch of New Hampshire. While specifically designed for the New Hampshire Judicial Branch, the principles and types of requests outlined in the form can be applicable in other jurisdictions. The document serves as a useful reference for understanding procedural aspects of legal filings, although local rules and forms would take precedence.

Clarifying these misconceptions helps demystify the legal process for those involved in court proceedings. It's crucial for individuals to thoroughly understand not only the forms they are filing but also the legal context and requirements of their jurisdiction. When in doubt, seeking guidance from a legal professional can provide clarity and direction in navigating these complex systems.

Key takeaways

When filling out and using the New Hampshire form for judicial proceedings, it's crucial to understand its components and the requirements for submission. Here are five key takeaways to ensure the process is handled correctly and efficiently:

  • The form must be used for motions within the State of New Hampshire's Judicial Branch, allowing individuals to state facts and request specific relief related to their case.
  • Options for delivering a copy of the document to the opposing party's attorney include hand-delivery, US Mail, or email, but it's important to remember that email can only be used if there has been a prior agreement established between the parties, in accordance with the Circuit Court Administrative Order.
  • Proper certification by the person filling out the form is required, which involves signing the document and indicating the method by which the opposing party was notified. This includes providing the date of notification and a second signature to confirm the delivery method.
  • After the motion is filed, a marital master or judicial referee will review the submission, making a decision to either grant or deny the motion. This decision will be documented on the form itself, including the recommendation date and the signature of the marital master, along with their printed name.
  • Finally, the judge overseeing the case will certify the marital master's recommendation. This certification is an agreement that the marital master has correctly applied the legal standard to the facts of the case. The judge's certification includes the date, their signature, and their printed name, making the document's conclusions official.

Understanding and correctly following the protocol for filling out and submitting the New Hampshire judicial form is essential for the efficient processing of legal motions within the state's court system. Compliance with specified delivery methods and the inclusion of required signatures and certifications will help ensure the smooth progression of judicial proceedings.

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