Summary Judgment

See RSA 491:8-a, Motions for Summary Judgment and RSA 491:22, Declaratory Judgments.

See RSA 502-A:27-c, Powers of the District Court.

See RSA 547:11-f, Motions for Summary Judgment.

"[T]here is no inherent power in our courts to render summary judgments, [and] such relief "will be granted only in cases, or under circumstances, covered by the terms of the statute.""

"Summary judgment affords savings in time, effort and expense by avoiding a full trial under certain circumstances. The value of judicial economy may not be gained, however, at the expense of denying a litigant the right of trial where there is a genuine issue of material fact to be litigated. Consequently, RSA 491:8-a, III places on the moving party the burden of showing that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Moreover, the reviewing court must consider the evidence in the light most favorable to the party opposing the motion, giving that party the benefit of all favorable inferences that may be reasonably drawn from the evidence."

"The party objecting to a motion for summary judgment "may not rest upon mere allegations or denials of his pleadings, but his response, by affidavits or by reference to depositions, answers to interrogatories, or admissions, must set forth specific facts showing that there is a genuine issue [of material fact] for trial." An issue of fact is material if it affects the outcome of the litigation."

"The mission of the summary judgment procedure is to pierce the pleadings and assess the proof in order to determine if there is a genuine issue of material fact requiring a formal trial of the action."

See Superior Court. Rule 12-g. Civil Rules. Motions for Summary Judgment.

See Local Rule 56.1. Summary Judgment.