New Hampshire Objection to Defendant's Motion for Summary Affirmance

When a lawyer says "objection" during court, he is telling the judge that he thinks his opponent violated a rule of procedure. The judge's ruling determines what the jury is allowed to consider when deciding the verdict of a case.

A formal protest raised during a trial, deposition or other procedure indicating that the objecting attorney wishes the judge to disallow either the testimony of a given witness or other evidence that would violate the rules of evidence or other procedural law.

The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.

The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.

Relevance of Answer/Question. Question Lacks Foundation. Lacks Personal Knowledge/Speculation. Creation of a Material Fact. Improper Character Evidence. Lay Witness Opinion. Hearsay.

In parliamentary procedure, an objection to the consideration of a question is a motion that is adopted to prevent an original main motion from coming before the assembly. This motion is different from an objection to a unanimous consent request.

You cannot file a second motion dismiss. You have to raise it as an affirmative defense in your answer and present it with evidence at summary judgement or trial...

Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.

Unless the requirements of Code of Civil Procedure 437c, subdivision (f)(2), are met a party may not file a second summary judgment motion. The pertinent provision provides: However, a party may not move for summary judgment...