The United States District Court for the District of New Hampshire proposes the following amendments to the Local Rules to be effective 1/1/02. New matter is underlined; matter to be stricken is lined through. The ***** denotes omitted text before and/or after the pertinent rule section.

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.

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(e) Reply or Surreply Memorandum

(1) Dispositive Motions. Within ten (10) days of the filing of an objection or opposition to a dispositive motion, the party filing the dispositive motion may file a reply memorandum not to exceed ten (10) pages restricted to rebuttal of factual and legal arguments raised in the objection or opposition memorandum. Written or oral notice of an intention to file a reply memorandum shall be provided to the court and opposing counsel within three (3) days of the filing of the objection or opposition to the dispositive motion. Absent notice, the dispositive motion shall be deemed ripe when the objection or opposition to the dispositive motion is filed.

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(e) Motions for Reconsideration. A motion to reconsider an order of the court, other than a motion governed by Fed. R. Civ. P. 59 or 60, shall be filed within ten (10) days from the date of the order. When a motion to reconsider a ruling by the magistrate judge is directed to the magistrate judge, an objection pursuant to Federal Rule of Civil Procedure 72 or 28 U.S.C.A. § 636(b)(1) shall be filed within ten (10) days after being served with a copy of the magistrate judge’s ruling on the motion to reconsider.

(a) In General. If a party who has been authorized to proceed in forma pauperis desires the attendance of any witness by subpoena or writ, that party shall file a witness list motion containing the name, address, and, if applicable, the inmate number, and a brief statement of the expected testimony of each witness not later than twenty (20) days before the trial, or hearing, or deposition where the witness is expected to testify. If a witness’s stated testimony is not material or is repetitive, the court may, in its discretion, decline to order the procurement of the witness.

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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. Counsel shall confer regarding the suitability of their case for mediation and file a joint statement with the court ninety (90) days prior to the scheduled trial date.

(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.

When, due to recusal of the judges of this district, a complaint is referred to a judge in either the District of Rhode Island or the District of Maine or when a judge of this district is designated to preside over a case filed in either of those the Ddistricts of Rhode Island due to recusal of the judges in that those districts, the following procedures apply.

(a) In General.

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(3) Parties must make original filings with the clerk’s office in the originating court. Parties must also file copies of all filings with the clerk’s office in the district court where the assigned designated judge sits. The case caption of all filings must reflect both case numbers.

(b) Referrals from Rhode Island and Maine to New Hampshire. When a case is referred from the District of Rhode Island or Maine and assigned to a judge in this district, the clerk’s office shall issue an order directing the parties to notify the court within fifteen (15) days of the date of the order of any outstanding motions and objections in the case which they wish to renew. The clerk’s office shall then separate the motion(s) and any objection(s) thereto from other transferred filings and refile them as of the date of receipt of the notice of renewal by the parties. If no notification is received from the parties, the court shall consider all pending matters resolved. Application of D.R.I. LR 12(d) is waived insofar as it requires duplicate filings in this court.

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