CFI Waiver Summary Judgment – Frequently Asked Questions, Hearing Logistics, & Directions

Upcoming court hearing in Fitzmorris et al. v. NHDHHS et al.:

• Date: October 29, 2025
• Location: U.S. District Court of NH, 55 Pleasant Street, Concord, NH 03301. This hearing can only be attended in person.  There is no remote option.
• Time: Hearing starts at 10:00 but arrive early! Parking and security can take time so plan to arrive at least a half hour to an hour early.
• Additional Info: See below for important information including FAQs, Directions, Parking, Accommodations, and Other Logistics.

Frequently Asked Questions

What is a motion for summary judgment?

• A party files a motion for summary judgment to ask the Court to decide the case (or part of it) without going to trial. In this case (regarding the CFI Waiver program), both the Plaintiffs and the Defendants have asked for a summary judgment in their favor.
• If the Court finds that important facts are in dispute, or that the law is not clear, it will say no to that request for summary judgment.
• Since both sides have asked for summary judgment in this case, the Court could grant it for one side (in full or in part) and say no to the other side (in full or in part) or deny a summary judgment for everyone.
• You can read over the requests for and against summary judgment at drcnh.org/fitzmorris-v-nhdhhs.

What happens at a summary judgment hearing?

• The hearing starts when the judge enters the courtroom. At that time, all who are able are asked to stand as the judge sits and gets settled. Then everyone sits down.
• The Court will listen to the lawyers on both sides. The Court will focus on specific legal issues for which it needs more information or has questions.
• For each specific legal issue raised during the hearing, the Court will decide if there are still disagreements about important facts, or if the law is unclear. If the Court finds that there is no dispute on the facts and the law is clear, the Court can and will make a decision without having a trial on that legal issue.

What issues will be discussed?

Both sides will be asked about the facts and the legal issues they included in their filings for summary judgment.  You can read these filings at drcnh.org/fitzmorris-v-nhdhhs.  The lawyers for both sides and the judge may talk about facts in the filings, but there will be no witnesses or evidence introduced at the hearing.

How can I prepare?

To better understand the legal issues in this case, visit drcnh.org/fitzmorris-v-nhdhhs.  We have a plain language case summary as well as case documents and related material that you can read.

Does it matter what side of the courtroom I sit on?

No. As a visitor, you will be directed to sit in the public seating area behind the lawyers and court staff. Some accessible seating is also available.

Will I have an opportunity to speak?

No. The general public cannot speak at a hearing.

How long will the hearing last?

It is hard to determine how long a hearing will last, but we estimate that it will be at least two hours.  You do NOT have to stay for the full hearing. It is better to arrive on time and leave early than to arrive late, which can be disruptive.

When will the Court rule on the summary judgment pleadings?

It often takes several months for the Court to issue decisions.  We expect that the Court will issue its decision on the summary judgment requests early next year.

Security, Accessibility, Dress Code, & Parking

Security

• All visitors must go through security. If you can’t go through the metal detector, a security guard may use a wand instead. Any bags, backpack, or purse you bring will go through an x-ray machine.
• You will have to show a valid, government issued photo ID. Examples include a driver’s license, a non-driver I.D., and a passport.
• You are not allowed to bring electronic devices (cell phones, tablets, laptops, etc.) into the building. Devices may be checked at the security station in the lobby.
• You are not allowed to bring food and water into the courtroom.
• You will be asked to remove personal items from your pockets, including keys, coins, wallets before going through security.
• You may be asked to remove your belt, watch, jewelry, and shoes.

Accessibility & Requesting an Accommodation

• The Federal Courthouse is physically accessible. The front entrance of the courthouse has a ramp and automatic doors, and elevators are available if the hearing is on an upper floor. Accessible bathrooms are available.
• If you need to request an accommodation to enter the court house or attend the hearing, sign-up here as soon as possible so that we can assist you in making that request ahead of time.

Dress Code

The court is a professional setting.  Please dress appropriately given any needs that you may have.

Stay Updated

Court hearing dates and times are subject to change so stay in touch!

• Sign-up here and we will send you updates about this hearing.
• Let us know if you need to request an accommodation – we are happy to assist with this but the sooner we know the better.

Parking

The Federal Courthouse does not have its own parking lot. Only on-street metered parking is available so allow extra time to park. There is one handicapped space on the corner of Pleasant and Spring Streets.

While there is usually street parking on the side streets around the Courthouse, there is also a parking lot three blocks away (near the YMCA on State Street) which usually has some spaces available. For a map of metered and nonmetered parking spots in downtown Concord, click here.

Please note that there are various parking spaces near the courthouse complex that are not available for public parking. Do not park directly in front of the courthouse complex on Pleasant Street – this area is a restricted area used only for law enforcement vehicles.