Bar News - January 3, 2003
Chief Justice Brock: Policy on Extensions of Time Tightened to Prevent Delays
THE CHIEF JUSTICE of the NH Supreme Court sent the following letter, dated Dec. 13, 2002, to NH Bar Members.
Dear Members of the New Hampshire Bar:
The purpose of this letter is to inform members of the bar of the status of the Supreme Court docket, and to advise members who practice in the Supreme Court of the court's intention to change the current practice in ruling on motions that would delay the resolution of cases filed at the court.
As many of you know, for many years the Supreme Court had a significant backlog in cases awaiting oral argument. It was often one and one-half years or more from the time a case was filed to the time it was scheduled for oral argument. The delays cause by this backlog were unacceptable, and during the past two years, the court has made a concerted effort to reduce the time that it takes to resolve cases filed with the court. Our efforts have been very successful, and in many instances, although certainly not all, we now are scheduling cases for oral argument within one year of filing.
When there was a significant backlog of cases awaiting oral argument, the court liberally granted extensions of time to file briefs because the extensions generally did not delay the resolution of cases. Now that the docket is more current, granting extensions for briefing may delay oral argument and the resolution of cases. The court believes that allowing such delays, except when they are necessary, is inconsistent with its duty to the parties and the public. Accordingly, the court intends to review carefully requests for extensions of time to file briefs and other requests that would delay the resolution of a case, including motions to continue oral argument. Parties and their counsel should understand that, except in unusual circumstances, they will be required to meet the briefing deadlines established by the court. It is the court's intention to grant motions for extensions of time or to continue only when there is a reason that would justify a delay in resolution of a case.
I know that this change in practice may present some difficulties for practitioners initially, but I am confident that, with time, the change in practice will result in a more timely resolution of appeals and more certainty in scheduling, which will benefit lawyers, parties and the public.
Sincerely,
David A. Brock
Chief Justice
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