THE US BANKRUPTCY COURT of the District of New Hampshire began accepting filings through the Internet effective April 1. [See pages 27-29 for official court orders modifying rules and procedures for Electronic Case Filing (ECF).]

Moreover, the court is converting all filings into Internet-accessible documents available through the subscription-based PACER database.

The US District Court of New Hampshire hopes to begin its own electronic filing implementation next fall, according to US District Court Clerk James L. Starr. "We have asked [the federal Administrative Office of the Courts] to start in the fall," he said. So far, about nine federal district courts have begun implementation, while the bulk of the bankruptcy courts are in the midst of changeovers. Once underway, the conversion to electronic filing takes about 10 months, which would put the Rudman Courthouse online as a "virtual" courthouse with online filing capability by the summer of 2003, Starr estimated.

Meanwhile, some members of NH's bankruptcy practice were poised for the April 1 start of e-filing. Members of the court's advisory committee and Chapter 7 and Chapter 13 trustees are serving as field-testers for the ECF system. Already trained to use the system, these attorneys will be providing feedback with the goal of assisting the court in quickly identifying and correcting any technical glitches or procedural issues before the system is universally adopted. A number of ECF training sessions, about four hours long each, have been scheduled between May and December. Interested attorneys can sign up for the training by visiting the Web site or by picking up a form at the Clerk's Office.

Under the court's current model, which follows the lead of bankruptcy courts in other jurisdictions, only lawyers who have completed a training session and have registered as users will be authorized to file via the Internet. Other filers may file through a registered attorney, or may bring electronic files to the court for uploading.

New Hampshire's bankruptcy court is among the first of two dozen bankruptcy and federal district courts in the country to implement CM/ECF, an acronym that refers to both the court's internal case management system and its electronic filing component. Trained and certified attorneys and their support staff will be able to file new bankruptcy cases, adversary proceedings or documents right from their computers. The system uses standard computer hardware, an Internet connection and browser, plus software to format a document for electronic filing. Payment of filing fees will be by credit card.

The ability to make court filings over the Internet - and to provide notice of filings to other parties via e-mail - will enhance the efficiency of the court and improve service for litigants, creditors and their lawyers, court officials believe.

NH Bankruptcy Court Clerk George Vannah acknowledged that ECF, and the rules and procedures governing its use, are "works in progress."

"We are fully aware that changes will be made," he said. Vannah emphasized that the court's operating procedures haven't been drastically altered by the advent of ECF, but that adjustments will be necessary as electronic filing becomes more common.

As an example of the technical complications involved, Vannah said he is encouraging electronic filers to break up files with long exhibits and file them in stages to minimize the risk of problems for both the filer and subsequent readers in uploading or downloading huge files. The court will post up to 19 pages of exhibits accompanying bankruptcy proofs of claim. To read the longer exhibits in their entirety, individuals must either contact the filer or visit the court to read the paper copies, Vannah said.

Eleanor Dahar, an attorney with the Dahar Law Firm in Manchester and a member of the advisory committee, said she was looking forward to her first electronic filing. She said preparing her office for electronic filing did not require any exotic software. She had to file an application to provide the court with the ability to authenticate her filings and download a commonly used Adobe Acrobat program that will enable her to put her filings into Portable Document Format (PDF). "It's very easy to use," she said.

For the most up-to-date information on the ECF implementation, visit the court's Web site at www.nhb.uscourts.gov. The site has a separate section devoted to CM/ECF implementation, which includes Frequently Asked Questions, a list of skills a lawyer or his staff will need to use the system, hardware/software requirements, and other information. The court is also collecting e-mail addresses to keep users up to date on the ECF implementation. Send your e-mail address to cmecf@nhb.uscourts.gov to subscribe.

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