Guide
New Hampshire Table of Authorities: Rule 16
On this page3 sections
New Hampshire Supreme Court merits briefs use alphabetical tables of cases and tables of statutes and other authorities with brief-page references. Supreme Court Rule 16(3)(a) places them at the start of the moving party’s brief alongside the contents. But Rule 16(4)(b) lets the opposing party in a mandatory appeal file a memorandum of law instead of a brief, without the ordinary brief requirements. Identify the filing before deciding whether to build a table.
Build and review your New Hampshire table of authorities. Use the standard format: there is no New Hampshire-specific preset. Confirm the actual court and table settings before export; detected courts and samples can change the initial selection.
The rule’s table language and its qualified scope
“A table of contents, with page references, and a table of cases listed alphabetically, a table of statutes and other authorities, with references to the pages of the briefs where they are cited.” — Rule 16(3)(a).
Rule 16(3) introduces its ordered merits-brief contents with “So far as possible.” Preserve that qualification when describing the rule, rather than turning it into invented absolute wording. Rule 16(4)(a) generally applies the foregoing requirements to an opposing brief. Rule 16(5) makes replies conform to applicable opposing-brief provisions and expressly excuses a summary of argument when appropriately divided by topical headings; it does not supply a blanket table exemption. A trial memorandum is outside this Supreme Court merits-brief scope.
| Filing or issue | Requirement and review action |
|---|---|
| Moving party’s merits brief | Rule 16(3)(a): contents, alphabetical cases, statutes and other authorities, with brief pages. |
| Opposing merits brief | Rule 16(4)(a): conforms to foregoing requirements; specified statement exceptions do not include tables. |
| Opposing memorandum in mandatory appeal | Rule 16(4)(b): alternative to a brief; ordinary brief requirements need not be followed. |
| Reply brief | Rule 16(5): applicable opposing-brief provisions; summary exception is not an express table exception. |
| Pagination | Arabic numerals throughout, beginning with cover as page 1 under (11). |
| Length review | Rule 16(11) excludes pages containing contents and tables of citations from stated brief word limits. |
The mandatory-appeal memorandum is a real alternative
Rule 16(4)(b) allows the opposing party in a mandatory appeal to submit a memorandum of law of no more than 4,000 words. It expressly says the memorandum need not comply with the brief requirements, including pamphlet binding and covers. It must contain argument with the authorities relied on and a conclusion stating the relief sought. The party is deemed to consent to waiver of oral argument. This is a specific procedural choice, not permission for the moving party to omit the opening brief’s table or for all parties in all appeals to replace a brief with a memorandum.
For a full brief, distinguish the authorities tables from the appendix and the appealed decisions. Rule 16(3)(i) separately addresses copies of decisions being reviewed and how they are supplied. An appendix index identifies documents; an authorities table identifies cited law and where the brief cites it. Record-page references under Rule 16(9) likewise remain separate from the brief-page references in the authority tables. Review each list for its own purpose.
From a brief PDF to an editable Word table
- Export the brief to PDF. Retain matching Word for insertion. Use the printed Arabic sequence, not viewer sheet numbers; count the cover as page 1.
- Open the Table of Authorities generator. Confirm standard-format settings, headings, categories and alphabetical case order.
- Review every entry and page against the PDF. Check complete citations and short forms, merge genuine duplicates and add omissions. Avoid an off-by-one error from the suppressed cover number. The app does not restyle citations.
- Export editable Word. PDF-only downloads a .docx table. Matching Word plus a text-layer PDF can insert ordinary table text. DOCX-only instead creates TA and TOA fields for Word for Windows to build and update.
- Re-export and recheck. Insertion and later edits can move references. Inspect the final PDF and regenerate if needed. Check all other filing requirements separately; the tool does not format the whole brief or add PDF bookmarks.
A hypothetical pagination example: if the cover is sheet 1, contents sheet 2 and the authorities table sheets 3–4, the following brief page is 5, not 1. If the table grows to three pages, later pages may change. Reserve space while drafting and recheck after assembly. Use this only to understand the sequence; your actual printed PDF controls the references.
Frequently asked
Does every New Hampshire memorandum need a table?
No such statewide claim follows from this rule. Rule 16(4)(b) specifically permits an opposing mandatory-appeal memorandum without ordinary brief requirements. Trial-court memoranda need their own governing-rule review.
Can the appealing party use the same memorandum exception?
The exception read here is for the opposing party in a mandatory appeal. Do not apply it to the moving party or another appeal category without a separate rule or order.
Are preliminary pages numbered with Roman numerals?
No. Rule 16(11) calls for sequential Arabic numbering beginning with the cover as page 1, including contents and authorities tables. The printed cover number can be suppressed.
What does a reply omit?
Rule 16(5) expressly allows omission of the summary of argument if the reply is appropriately divided by topical headings. It otherwise refers to applicable opposing-brief provisions; it is not a categorical authorities-table waiver.
Does the table count toward ordinary brief word limits?
Rule 16(11) excludes pages containing contents and tables of citations from its stated limits. This is separate from the special 4,000-word memorandum limit in (4)(b).
Can I get an editable table without Word for Windows?
Yes through the PDF route, or matching Word-plus-text-layer-PDF insertion as ordinary text. DOCX-only field generation is the separate route that needs Word for Windows to build and update the table.
Sources and access status
- New Hampshire Judicial Branch: Supreme Court Rule 16, BriefsOfficial live text read in browser on 2026-10-14, including (3)–(5), (9) and (11). Static read returned HTTP 403; browser access succeeded. No consolidated edition or amendment date was displayed on the Rule 16 text.courts.nh.gov
Sources
BriefAuthority · free
No account · no upload