Bar News - July 4, 2003
Federal Court Web Site Offers A Wealth of Practice Resources
By: James R. Starr
ONE OF THE comments most frequently made by local practitioners is that they are uncomfortable with federal court practice because they litigate there so infrequently. There is no denying that state court practice is quite different from the rules and procedures used in federal court, but answers to many federal practice questions, both simple and complex, can literally be at an attorney’s fingertips when the attorney visits the court’s Web site at www.nhd.uscourts.gov. Once practitioners become familiar with the resources and information available on the site, it will quickly become one of their most valuable practice tools. The following are just some of the resources available on the site that should be of great interest and assistance to attorneys and their staffs.
Pleading Tips: By going to the "Case Processing" link and selecting "Filing Information," attorneys can find a virtual treasure trove of information regarding the pleading practice in federal court. This area of the site offers tips on how to file motions and objections, and provides a checklist of local rule requirements for particular types of motions. It includes worksheets and two separate information sheets to assist in computing responsive pleading deadlines. Additionally, this site outlines the documents and fees necessary to initiate a new civil action in federal court. Finally, the court is in the process of adding "Frequently Used Forms" to the "Case Processing" section, which will include a growing number of fillable PDF documents on which practitioners can enter data, print and then submit as a pleading in a case.
Trial Information/Courtroom Technology: By accessing the "Trials and Hearings" link, attorneys can obtain the jury trial periods for each judge in the district through 2005. This page also features a section explaining how to mark exhibits for trial and includes a separate section that explains the jury selection process in this district.
The New Hampshire Federal District Court has some of the most technologically advanced courtrooms in the country. The "Trials and Hearings" page provides detailed instructions and manuals that outline how simple it is to use the courtroom audio and video technology for each courtroom. It also provides information regarding our state-of-the-art videoconferencing equipment, which can be used by attorneys for conducting discovery depositions, and outlines how to reserve the equipment.
Docket/File Information: Most attorneys know that they can access the federal judiciary’s national case and docket information system, PACER, through the federal court’s Web site. This link walks users through the registration process and allows them to access the system in order to obtain case information about any federal case. The "File Review" section of the "Case Processing" link identifies court records that are available at the courthouse, as well as the procedures for obtaining archived records.
Case Manager Assigned To Specific Case: Someone with a question regarding a specific case can look at the "Personnel Directory" contained within the "Court Information" link to identify the direct dial number for the case manager assigned to his or her case. Although the case managers are prohibited by federal law from providing legal advice to the public, they are well versed in court practices and procedures and can serve as an invaluable resource to practitioners.
Fee/Judgment Interest Information: By going to the "Court Information" section and clicking on "Financial," practitioners can see a comprehensive fee schedule and can access both pre-judgment and post-judgment interest rates. Additionally, this section outlines credit card payment procedures for fees and copying costs.
Transcript Requests: The starting point for all transcript requests should be the court’s Web site. The "Court Reporters/Transcripts" section of the "Court Information" link lists the names and e-mail addresses of the official court reporters, explains the procedures for requesting transcripts and outlines the ordinary transcript rate, as well as the rate for expedited, daily, hourly and real-time transcripts.
Local Rule Information: In addition to links to the Federal Rules of Evidence, Civil Procedure and Criminal Procedure, the "Rules" section of the Web page provides a downloadable version of the local rules, as well as a summary of the most recent amendments to the local rules.
Mailing List For Court Decisions/Information: Those practitioners who want to obtain both published and unpublished decisions coming out of the district can sign up to receive them by e-mail through the Web site’s "Subscribe" link. Attorneys can also receive the most recent court news and local rule developments by subscribing to the appropriate list service. The "Subscribe" link also permits those with an interest in a specialized area, such as the Criminal Justice Act Panel, to subscribe to receive the latest information in that practice area.
New Web Site Features Are Now Available
Even those attorneys who are familiar with the federal court’s Web site should re-familiarize themselves with the site to take advantage of the useful new information just posted. The recently updated site provides additional information and improved functionality. This update contains the latest information regarding electronic case filing in the district, including an attorney video discussing the functionality and numerous benefits of CM/ECF (case management/electronic case files); training materials, such as interactive attorney tutorials; and a link to practice demo database sites. As electronic filing is now only a little more than 12 months away, practitioners should become more familiar with the e-filing system’s capabilities and functionality so they can provide the court with feedback to assist in tailoring the system to meet their needs.
The search feature on the site has also been improved to allow attorneys to better find answers to those nagging questions about federal practice in this district. The home page now includes a pop-up "News" function that will contain the most current and relevant information of interest to the Bar and the public. It will also be the primary Web source for posting court delays and cancellations due to inclement weather conditions.
The court’s list serve has been modified to allow users to subscribe to First Circuit opinion summaries. For reference, the site also now contains the New Hampshire Litigation Guidelines and Professionalism Creed under the "Attorneys/Committees" link. The "Court Information" section provides a link for those who would like more information about the procedures and rules governing complaints of judicial misconduct or disability. Finally, the student page has been updated to include links to new judicial branch education sites.
We are constantly updating and revising the federal court Web page to make it more user-friendly for and informational to the public and Bar. Your feedback and suggestions are essential to this effort. Please feel free to contact Dan Lynch or me at the court with any comments or ideas you have for improving the site.
James R. Starr is clerk of the U.S. District Court – District of New Hampshire. He can be reached at 225-1423 or at James_Starr@nhd.uscourts.gov. Chief Deputy Clerk Dan Lynch can be reached at 225-1423 or at Daniel_Lynch@nhd.uscourts.gov.
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