N.H. Admin. Code § Rko 211.05 - Failure to Appear for Conferences

(a) A party's failure to appear at a conference shall result in that party being deemed in conditional default unless, based upon the allegations and responses in the case, as well as the procedural history of the matter, the ombudsman concludes that justice would be better served by issuance of an alternative order, such as the rescheduling of proceedings, or entry of a final judgment against the party which did not appear.

(b) A conditional default entered under (a) above shall operate as a final default judgment against the party unless:

(1) Within 10 days of the entry of the conditional default, the party moves to strike the conditional default;

(2) The motion establishes that the failure to appear was the result of accident, mistake, or misfortune, and not:

a. Neglect;

b. An effort to delay resolution of the case; or

c. Pursuant to RSA 91-A:7-b,IV, a purposeful disregard of orders that were issued during the review process; and

(3) The motion is granted.

(c) An intervenor's failure to appear at a conference shall result in the entry of a conditional default against the intervenor unless, based upon the allegations and responses in the case, the intervenor's interest in the action, as well as the procedural history of the matter, the ombudsman concludes that justice would be better served by issuance of an alternative order, such as rescheduling of the proceedings or entry of a final judgment against the intervenor.

(d) A conditional default entered under (c) above shall operate to revoke the person's status as an intervenor unless:

(1) Within 10 days of the entry of the conditional default, the intervenor moves to strike the conditional default;

(2) The motion establishes that the failure to appear was the result of accident, mistake, or misfortune, and not:

a. Neglect;

b. An effort to delay resolution of the case; or

c. Pursuant to RSA 91-A:7-b,IV, a purposeful disregard of orders that were issued during the review process; and

(3) The motion is granted.

(e) No hearing shall be held be held on a motion to strike a conditional default for failure to appear at a conference unless the ombudsman concludes that to do so would be beneficial to the ombudsman's understanding of issues raised in the motion or any objection thereto.

Notes

N.H. Admin. Code § Rko 211.05

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.