Input from the public and the bar is encouraged.  Any written comments, in letter form and keyed to the specific rule/subsection, should be directed to the Clerk, U.S. District Court, Warren B. Rudman U.S. Courthouse, 55 Pleasant Street, Room 110, Concord, NH  03301-3941.

CIVIL RULES

4.4  Payment of Fees

Except as otherwise required by law or ordered by the court, the clerk’s office shall not docket any filings, issue any process, or render any other service for which a fee is prescribed by statute or by the Judicial Conference of the United States unless the fee is prepaid or an in forma pauperis motion status has been granted filed. 

7.1            Motions

(a)          Form.

            (1)            Title and Content.  All Mmotions must contain other than those submitted during trial, shall be considered only if submitted separately from other filings and only if the word “motion” appears in the title.  Filers shall not combine multiple motions seeking separate and distinct relief into a single filing.  Separate motions must be filed.  Objections to pending motions and affirmative motions for relief shall not be combined in one filing.

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(e)           Reply or Surreply Memorandum.

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            (2)  Nondispositive Motions.  A memorandum in reply to an objection or opposition to a nondispositive motion shall not be permitted without prior leave of court.  Any motion for leave to file such a reply shall be filed within ten (10) days of the service of the objection or opposition to which the reply would respond.  Written or oral notice of an intention to move for leave to file a reply memorandum shall be provided to the court and opposing counsel within three (3) days of the service of the objection or opposition to the nondispositive motion.  Absent notice, the nondispositive motion shall be deemed ripe when the objection or opposition to the nondispositive motion is filed.

            (3)  Surreply Memorandum. A surreply memorandum shall not be permitted without prior leave of court.  Any motion for leave to file a surreply shall be filed within ten (10) days of the service of the reply memorandum to which the surreply would respond.  Written or oral notice of an intention to move for leave to file a surreply memorandum shall be provided to the court and opposing counsel within three (3) days of the service of the reply to the objection.  Absent notice, the motion shall be deemed ripe when the reply to the objection is filed. Motions for leave to file a surreply will only be granted under extraordinary circumstances.

7.2            Specified Motions

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(e)          Motions for Reconsideration. A motion to reconsider an interlocutory order of the court, meaning a motion other than one a motion governed by Fed. R. Civ. P. 59 or 60, shall demonstrate that the order was based on a manifest error of fact or law and shall be filed within ten (10) days from the date of the order unless the party seeking reconsideration shows cause for not filing within that time.  Cause for not filing within ten (10) days from the date of the order includes newly available material evidence and an intervening change in the governing legal standard.

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8.1            Redaction of Personal Identifiers in Filings

(a)          Required Redaction.  Parties shall refrain from including, or shall partially redact where inclusion is necessary, the following personal identifiers from all filings with the court, including exhibits to such filings, unless otherwise ordered by the court:

            (1)            Social Security Number.  Only the last four digits of a Social Security number should be visible in the filing.

            (2)            Names of Minor Children.  Only the initials of minor children should be visible in the filing.

            (3)            Dates of Birth.  Only the year should be visible in the filing.

            (4)            Financial Account Numbers.  Only the last four digits of financial account numbers should be visible in the filing.

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(d)        Exempt Cases.  This rule shall not apply in social security and civil asset forfeiture cases because those cases are not available to the general public by remote Internet access.

16.2      Final Pretrial Statements

(a)          Contents.  Final pretrial statements shall be filed in accordance with Fed. R. Civ. P. 26(a)(3) and, in addition to the requirements of that rule, shall contain:

(1)        a brief statement of the case assented to by all parties, except assent shall not be required in cases in which one or more of the parties is an incarcerated pro se litigant;

(2)        a complete written stipulation of all contested and uncontested facts or, if counsel cannot agree, separate statements of the same by each party;

(3)        a complete written stipulation of the applicable law and any disputed issues of law or, if counsel cannot agree, separate statements of the same by each party; 

(2 4) the name and, if not previously provided, the address and telephone number of each witness, separately identifying those whom the party expects to present and those whom the party may call if the need arises;

(3 5)  a written waiver of claims or defenses, if any;

(4 6)  a list of all depositions which may be read into evidence, with page/line designations filed ten (10) days prior to trial, counter-designations filed five (5) days prior to trial, and objections filed two (2) days prior to trial;

(5 7)  a list of all exhibits to be offered at trial separately identifying those which the party expects to offer and those which the party may offer if the need arises.  Exhibits intended to be used solely for impeachment need not be listed;

(6 8)  an itemized statement of special damages;

(7 9)  except in actions tried without a jury, a statement of the latest demand and offer, and a statement describing the parties’ participation in any alternative dispute resolution process;

(8 10) a statement of a claim for attorney’s fees, if applicable, with citation to the statutory and/or regulatory authorities relied upon as the basis for the claim;

(9 11)  any requests for a view pursuant to LR 39.3, and a designation as to who shall pay the cost of the view in the first instance; and

(10 12) an estimate of the length of trial.

53.1            Alternative Dispute Resolution (ADR)

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(c)            Mediation.

(1)            Discovery Plan.   Counsel shall confer regarding the suitability of their case for mediation and, if applicable, include in their discovery plan (See Civil Form 2, Sample Discovery Plan) the date by which mediation will occur and shall

(2)            Mediation Program.   Either by the court or by agreement of the parties, any eligible civil action may be referred to mediation according to the Guidelines for Mediation Program.  A copy of the Guidelines may be obtained from the clerk’s office or the court’s web site.  Should the parties agree to court sponsored mediation in the Discovery Plan or in a subsequently filed joint mediation statement, the parties shall within 48 hours conventionally file a list of five (5) possible mediators from the court’s approved list in descending order of preference.  The list of possible mediators shall not be maintained in the case file.

81.1            Removal Actions

(a)            Answer.  Defendant(s) shall file an answer or present other defenses or objections available under the Federal Rules of Civil Procedure within twenty (20) days from the date of the filing of the notice of removal or, if any defendant is served after removal, within the time frame established by Rule 81(c) of the Federal Rules of Civil Procedure.  If such answer has previously been filed in State Court, it shall be refiled separately from other State Court pleadings and captioned “Answer”.

83.1      Bar of District Court

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(b)            Procedure for Admission.  Each applicant for admission to the bar of this court shall file with the clerk’s office a completed Petition and Oath on Admission in duplicate on a form provided by the clerk’s office.  One copy shall be forwarded by the clerk’s office to the United States Attorney for the District of New Hampshire who shall investigate each applicant’s eligibility as is deemed necessary.  Submission of a completed Petition and Oath on Admission to the bar of this court constitutes the applicant’s consent to have a criminal background check performed by the U.S. Attorney’s Office.  If the United States Attorney determines that the applicant is eligible, a representative from that office shall move for the applicant’s admission in open court.  If the United States Attorney is not satisfied, any member of the bar of this court may move for the applicant’s admission, and the United States Attorney or an assistant may oppose the motion.  If the United States Attorney files an objection, the clerk’s office shall advise the applicant at least one (1) day prior to the day for which admission is scheduled.  Unless the applicant withdraws the application, the court shall conduct a hearing on the application on the day scheduled for admission.  The court may grant or deny the application for admission or may continue the matter for further proceedings.

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Rule 83.14  Courtroom Technology

Persons using courtroom audio or visual equipment, including but not limited to videoconferencing and evidence presentation systems, shall be prepared to operate such systems without the assistance of the clerk’s office staff.  At a minimum, persons using courtroom audio or visual equipment shall (a) review materials on the court’s web page related to the use of such technologies, including the Litigant’s Manual for Courtroom Technology for the appropriate courtroom; (b)  make arrangements with the clerk’s office no later than five (5) days prior to the hearing/trial if they would like to train on or otherwise become familiar with the court’s systems; (c) supply the necessary cables to connect personal laptops to the court’s evidence presentation system; (d) perform a virus check on any media they intend to access on court provided computers; and (e) comply with the procedures outlined on the court’s web site when presenting admitted trial exhibits in electronic format to a deliberating jury.

CRIMINAL RULES

1.1            General Rules

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(d)        Scope.  LCrR 1.1 - 58.1 shall govern the procedure in all criminal actions.  Civil local rules shall apply insofar as they do not conflict with any statute, federal or local criminal rule, or individual order.  The following civil/general local rules shall apply in criminal actions:  Rules 1.1(c),(d) and (g), 1.2 - 1.3, 4.4 - 5.4, 7.1(a),(c), (d) and (e), 7.2(a),(c) and (e), 8.1, 39.1, 39.3, 40.2, 45.1 - 47.3, 54.1, 65.1.1, 67.2 - 67.4, 72.1, 72.2, 77.1, 77.3,77.5, 77.6, 80.1, 83.1, 83.2(a),(b) and (d), 83.3 - 83.5, 83.6(a)-(c), and (e), 83.7 -83.123, 83.13(b)-(e).

16.1      Routine Discovery

The parties shall disclose the following information without waiting for a demand from the opposing party:

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(f) Exhibits.  The parties shall exchange and file exhibit lists at least seven (7) days prior to trial.  Exhibits intended to be used solely for impeachment need not be listed.  Objections to exhibit lists shall be filed on the day of trial.  The parties shall deliver their exhibits to the clerk’s office and a copy to each other at least one day before the start of evidence.

FORMS

Civil Form 1, Civil Case Management Deadlines