SINCE WE BEGAN tracking local rule violations in 1996, the same five local rule requirements annually appear on the list of most frequent rule violations. In fact, these five rule violations account for over 76 percent of the total violations each year. What is most surprising about these violations is that they do not involve arcane or obscure rules, but are instead some of the most basic of our local rule requirements and are nearly universal in all courts. They are as follows:

1. Statement of Concurrence: Despite the fact that the rules requiring a certification of concurrence are nearly identical in the New Hampshire District Court (Rule 1.8(C)), the Superior Court (Rule 57-A) and the Federal District Court (LR 7.1(c)), the failure to include such a certification in a motion remains one of the five most frequent local rule violations. In our federal court, LR 7.1(c) requires that each motion contain a certificate of compliance unless a) it is a dispositive motion, or b) the case involves a pro se incarcerated litigant. This mistake can be easily cured by creating boilerplate language for motions that can be modified accordingly.

2. Certificate of Service: Surprisingly, one of the top five rule violations is the failure to include a certificate of service in a pleading. Again, both the Superior Court Rules(Rule 21) and the Federal District Court Rules (Fed. R. Civ. P. 5(d); Fed. R. Crim. P. 49(d)) require that all pleadings filed with the court contain a certificate of service. Effective Jan. 1, 2004, the Federal District Court’s local rules (LR 5.1(d)) will be amended to include an express requirement that each pleading contain a certificate of service that shall contain the name and address of the attorney or party served, the manner of service and the date of service, and shall be personally signed by one counsel of record or by party proceeding pro se. Again, this problem can be avoided by creating a template certificate of service for pleadings in a case that can be updated and modified accordingly.

3. Memorandum Supporting Motion/Objection or Statement Memorandum Is Not Necessary: While state court practice has no similar requirement, the Federal District Court local rules have long required that "[e]very motion and objection shall be accompanied by a memorandum with citations to supporting authorities or a statement explaining why a memorandum is unnecessary." LR 7.1(a)(2). Once again, this violation can be cured by creating a template heading for motions that can be modified accordingly.

4. $50 Fee with Pro Hac Vice Motion: Although the New Hampshire District Court (Rule 1.3(C)) and Superior Court (Rule 19 & Administrative Order No.12) have rules governing attorney admission pro hac vice, only the Federal District Court (LR 83.2(b)(2)) presently requires a $50 fee accompany the motion. Possibly this accounts for the reason why attorneys frequently do not submit the $50 fee with a pro hac vice motion. The suggested cure: simply remember to consult the local rules before filing a pro hac vice motion as this requirement is clearly and separately spelled out in the rules.

5. Disclosure Statement: This requirement, which was formerly set forth in LR 83.6(a)(4) and LCrR 57.2 & 57.3, is now set forth for civil cases in Fed. R. Civ. P. 7.1 and LR 7.5 and for criminal cases in Fed. R. Crim. P. 12.4 and LCrR 12.4. In short, a corporation or partnership must file a disclosure statement with the first appearance or filing in a case. Although the disclosure statement requirement has been in place since 1999, it remains one of our most frequently forgotten rules. In recent months, however, there has been a significant decrease in the number of violations for failure to file a required disclosure statement. Practitioners should simply keep in mind that when representing business clients in federal court, you need to file a disclosure statement with your first pleading.

As you can see, these common pleading errors are rather basic and easily avoided. By making note of these simple rules, you can avoid being a local rule casualty in the future.

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