(a) A request for court order must be made by motion which must (1) be in writing unless made during a hearing or trial, (2) state with particularity the grounds for seeking the order, and (3) state the relief sought.
Rule 11.Motions -- General
Group III: Pleadings and Motions · Last amended October 1, 2013 · Last verified July 14, 2026
In one sentenceRule 11 sets the ground rules for every motion filed in superior court — written form, particular grounds, a clear request for relief, and a good-faith effort to get the other side’s agreement first — with costs available against a frivolous filer.
Full Text of Rule 11
(b) The court will not hear any motion grounded upon facts, unless such facts are verified by affidavit, or are apparent from the record or from the papers on file in the case, or are agreed to and stated in writing signed by the parties, their attorneys, or non-attorney representatives; and the same rule will be applied as to all facts relied on in opposing any motion.
(c) Any party filing a motion shall certify to the court that the party or counsel has made a good faith attempt to obtain concurrence in the relief sought, except in the case of dispositive motions, motions for contempt or sanctions, or comparable motions where it can be reasonably assumed that the party or counsel will be unable to obtain concurrence.
(d) The court may assess reasonable costs, including reasonable counsel fees, against any party whose frivolous or unreasonable conduct makes necessary the filing of or hearing on any motion.
Amendment History
Adopted May 22, 2013, eff. October 1, 2013.
Plain-English Summary
Rule 11 is the rulebook’s front door for motion practice. Before a party can ask the court for an order — anything from a scheduling change to a request for sanctions — the motion has to meet a few basic tests. It must be in writing unless it is made on the spot during a hearing or trial. It has to state, with particularity, the grounds for the request, not just assert that relief is warranted. And it has to say plainly what relief the party wants.
The rule also polices the facts behind a motion. A judge will not hear a motion built on disputed facts unless those facts are backed by affidavit, already apparent from the record or the papers on file, or agreed to in writing by the parties. That same standard applies to whatever a party says in opposition. This keeps arguments tied to something verifiable rather than to unsupported assertions.
Rule 11 also asks filers to talk to the other side first. Except for dispositive motions, contempt or sanctions requests, and comparable filings where agreement can reasonably be assumed unlikely, the moving party must certify a good-faith attempt to obtain concurrence before filing. And if a motion, or a hearing on one, grows out of conduct the court finds frivolous or unreasonable, the court can shift the cost — including counsel fees — to the party responsible.
Frequently Asked Questions
Does a motion have to be in writing in New Hampshire superior court?
Yes, unless the motion is made during a hearing or trial. Rule 11(a) requires a request for a court order to be in writing, to state the grounds with particularity, and to state the relief sought.
What happens if a motion relies on facts not already in the court record?
The court will not hear a motion grounded on facts unless those facts are verified by affidavit, apparent from the record or the case file, or agreed to in writing by the parties or their representatives. The same rule applies to facts relied on in opposing a motion.
Do I have to talk to the other side before filing a motion?
In most cases, yes. Rule 11(c) requires the filer to certify a good-faith attempt to obtain the other side’s concurrence in the relief sought, except for dispositive motions, contempt or sanctions motions, or comparable motions where concurrence can reasonably be assumed unavailable.
Can the court make me pay the other side’s legal fees over a motion?
Yes. Rule 11(d) lets the court assess reasonable costs, including counsel fees, against a party whose frivolous or unreasonable conduct made a motion, or a hearing on one, necessary.
What must a motion include to satisfy Rule 11?
It must be in writing (unless made during a hearing or trial), state the grounds for the order with particularity, and state the relief the party is seeking.
Source & verification. Rule text, official Comments, and amendment
history are reproduced verbatim from the New Hampshire Superior Court Civil Rules, adopted
by the New Hampshire Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: motion general rule nhhow to file a motion nh superior courtmotion requirements nhgood faith concurrence motion nh