RulesofCivilProcedure.com Civil Procedure · Every State

Rule 13.Objections

Group III: Pleadings and Motions · Last amended October 1, 2013 · Last verified July 14, 2026

In one sentenceRule 13 sets the deadline for objecting to a motion — 10 days in the ordinary case, 30 days for a summary judgment objection, or a court-ordered deadline — and makes clear that a failure to object does not, by itself, entitle the moving party to a win.

Full Text of Rule 13

Text sizeJump to: (a) (b)

(a) A non-moving party may object or otherwise respond to a motion within 10 days after filing thereof unless:
(1) the party is responding to a Motion for Summary Judgment, see RSA 491:8-a; or (2) another deadline is established by court order.
(b) Unless a party requests oral argument or an evidentiary hearing on any motion filed by the party, or on any objection thereto by another party, setting forth by memorandum, brief statement or written offer of proof the reasons why the oral argument or evidentiary hearing will further assist the court in determining the pending issue(s), no oral argument or evidentiary hearing will be scheduled and the court may act on the motion on the basis of the pleadings and record before it. Except with respect to motions that fall within Rules 13(a)(1) and (2) above, such memorandum, brief statement or written offer of proof shall be filed within 10 days after the filing of the motion. With respect to motions that fall within Rule 13(a)(1), such memorandum, brief statement or written offer of proof shall be filed within 30 days after the filing of the motion. With respect to motions that fall within Rule 13(a)(2), such memorandum, brief statement or written offer of proof shall be filed within the deadline established by court order. Failure to object shall not, in and of itself, be grounds for granting the motion.

Amendment History

Adopted May 22, 2013, eff. October 1, 2013.

Plain-English Summary

Rule 13 tells a party how long it has to push back against a motion the other side has filed, and how the court decides whether to hold a hearing on the dispute. The clock starts running when the motion is filed: 10 days to object in the ordinary case, 30 days when the motion is one for summary judgment, or whatever deadline the court has separately ordered.

The rule also controls oral argument. Unless a party specifically requests oral argument or an evidentiary hearing, and explains in a memorandum, brief statement, or written offer of proof why a hearing will help the court decide the issue, the court can act on the motion using the pleadings and record alone. That request and its supporting explanation must be filed within the same window that governs the objection: 10 days, 30 days for summary judgment matters, or the court-ordered deadline.

One protection runs the other way. The rule states directly that a failure to object is not, by itself, grounds for granting the motion — the court still has to weigh whether the motion has merit.

Frequently Asked Questions

How many days do I have to object to a motion in New Hampshire superior court?

Rule 13(a) gives a nonmoving party 10 days after a motion is filed to object, except when objecting to a motion for summary judgment (30 days) or when the court has set a different deadline by order.

If I don’t file an objection, will the motion automatically be granted?

No. Rule 13(b) states that a failure to object is not, in and of itself, grounds for granting the motion.

How do I get a hearing or oral argument on a motion?

You must request oral argument or an evidentiary hearing and set out, in a memorandum, brief statement, or written offer of proof, the reasons why it will assist the court. Otherwise the court may decide the motion on the papers and record before it.

If I want a hearing on a motion for summary judgment, what is the deadline?

Rule 13(a)(1) exempts summary-judgment responses from the general 10-day objection deadline. If a party wants oral argument or an evidentiary hearing on the motion (or on an objection to it), Rule 13(b) gives that party 30 days after the motion is filed to submit the memorandum, brief statement, or offer of proof explaining why a hearing would help the court — otherwise the court may rule on the papers alone.

What happens if I don’t request oral argument on my motion or objection?

The court may act on the motion based on the pleadings and record before it, without scheduling oral argument or an evidentiary hearing.

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: objection to motion nhhow long to respond to a motion nhobjection deadline superior court nhrequest oral argument nh