Executive Summary of the May 2005 Amendments to the Administrative Procedures for Electronic Case Filing in the District of New Hampshire (Effective May 1, 2005)

Preamble

The following is a summary of the substantive amendments to the Administrative Procedures Governing Electronic Case Filing (ECF). For a complete redlined version of the amendments, please see the "May 2005 Amendments to ECF Administrative Procedures." Note that these amendments only apply to cases designated for ECF. Finally, counsel and the parties involved in an ECF case may not rely on the contents of this informational document and are responsible to consult applicable federal statutes, federal rules of procedure, local rules of this court, administrative procedures governing electronic case filing, and standing orders of this court.

Requirement to Submit Converted PDF Documents in Text Searchable Format

AP 1.1 and 2.3(a) were amended to specify that electronically converted PDF documents must be text searchable. Thus, attorneys must assure that the text searchable function in their PDF conversion software program is activated. The amendments also make clear that a scanned PDF document, which should only be submitted if the filer possesses only a paper copy of the document, need not be text searchable (i.e. you need not purchase a scanner having OCR technology).

Finally, the amendments specify that the main document (e.g. motion, objection, reply) should be a converted PDF in all instances (unless otherwise provided in the rule, e.g. return of service documents), and that attachments/exhibits should also be submitted in that format unless the filer only possess a paper copy, in which case it would be submitted in scanned PDF format.

Pro Hac Vice-Right to File
ECF Documents

AP 2.1(e), which prohibited pro hac attorneys from filing in an ECF case unless they had registered for ECF, was stricken. Because AP 6.1(b) now mandates that pro hac counsel register for ECF if they are participating in an electronic case, AP 2.1(e) is no longer applicable.

Document Size Limit
Increased to 3 Megabytes

AP 2.3(b) was amended to increase the document size limit from 2 to 3 megabytes. Any document exceeding 3 megabytes must be submitted in separate segments of less than 3 megabytes. If a document exceeds 10 megabytes (i.e. would have to be broken into 4 separate segments of less than 3 megabytes), the filer is required to file the document on a 3.5 floppy or compact disk rather than trying to submit it in ECF or on paper. If a documents exceeding 10 megabytes is an exhibit/attachment to a main document, which it will be in the vast majority of cases, the exhibits should be submitted consistent with AP 2.5(e)(i.e. file a Notice of Conventional Filing in the place where you would have filed the exhibit electronically and get the disk/CD to the court and parties within 48 hours).

Hyperlinks Permitted

AP 2.3(j) was added to authorize filers to submit documents containing hyperlinks to other portions of the same document or to an Internet URL having a source document for a citation. Note that a hyperlink does not replace standard citation format and is not deemed part of the record.

Mandatory Submission of Case Opening Documents on Disk with Paper Filings

AP 2.4(a) allows attorneys to file new cases either electronically through ECF or on paper. If an attorney chooses to file on paper, however, AP 2.4(a) has been amended to require that they supply all of the case opening documents and attachments on a 3.5 floppy or compact disk in PDF format within 48 hours. Note that the rule only requires attorneys to file the documents on disk-it does not impose that requirement on pro se litigants.

Description of Attachments/
Non-Trial Exhibits

AP 2.5(a) has been amended to require filers insert a short description of the document in the description field, which should not exceed 5 words, when electronically filing an attachment or non-trial exhibit. This is a change from prior practice and court training at which filers were instructed to rarely insert a description in the description field.

Referred Cases to or from
Maine/Rhode Island

If a case is referred to or from the district of Maine (also live on ECF) after May 1, 2005, AP 2.9(a) now specifies that the filer only need file pleadings in the originating district. If the case is referred to or from the district of Rhode Island, which is not yet live on ECF, AP 2.9(b) provides that the parties would continue to file the original in paper in the originating district and a copy in the designated district (as has been the practice under LR 77.5). Subsection (b) comports with the traditional rule requiring the parties file the original in the originating district and a copy in the designated district.

CJA 20 & 21 Vouchers Will not be Scanned and Added to Paceer Docket

As the Judicial Conference of the United States recently required that CJA 20 and 21 vouchers not be made available on the Internet through ECF, AP 3.1(h) was amended to clarify that these vouchers will not be scanned and added to the court's electronic docket.

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