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Bar News - October 20, 2006


US District Court–District of NH - Amendments to ECF Administrative Procedures Effective October 1, 2006
The United States District Court for the District of New Hampshire has amended its ECF Administrative Local Rules effective 10/1/06.  New matter is underlined; matter to be stricken is crossed out.  The ***** denotes omitted text before and/or after the pertinent rule section.

           

1.1                    General Rules

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(b)        Effective Date.  Effective June 1, 2004, as amended October 1, 2006.

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2.1                    Scope of Electronic Filing

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(d)        Pro Se Litigants. A non-incarcerated pro se litigant in a pending case may apply to the court for permission to file documents electronically using ECF on a form prescribed by the clerk’s office.   If the court initially grants a pro se litigant permission to file documents electronically, that permission is limited to the case specified and the court may withdraw that permission at any time during the pendency of a case.  Due to the  current limitations of the court’s CM/ECF credit card payment software program, a pro se litigant may not electronically file the following documents having a filing fee: case opening documents, notices of appeal or tape requests.   All such requests made by a pro se litigant shall be conventionally filed with the appropriate filing fee or in forma pauperis motion.

 

In the absence of a court order authorizing electronic filing, all pro se litigants shall conventionally file and serve all documents in accordance with the provisions of the Federal Rules of Civil/Criminal Procedures and the local rules of this court.  In that event, all electronically filed documents must be conventionally served on the pro se litigant.

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2.3        Format and Quality Control

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(f)         Virus Check Requirement.  The Filing User shall conduct a virus check before electronically filing a PDF document in ECF.

 

(gf)       Verify Readability.  The Filing User shall verify the readability of a converted or scanned PDF before electronically filing it in ECF.

 

(hg)      Scanned Document Retention Requirement. Paper documents converted to PDF through a  scanner and filed using ECF must be retained by the Filing User until three (3) years after the date of filing or until the conclusion of all appeals in the case, whichever date is later.  Upon request of the court or any party, a Filing User must make the paper document available for inspection.

 

(ih)       Erroneous Submissions.

 

(1)        Erroneous Docket Entries. A Filing Users may not correct a docket entry or document submission error after a document is electronically filed in ECF.  If necessary to satisfy a filing deadline, a Filing User may electronically resubmit the entire document, including all attachments, electronically through a “Corrective Entry” event in ECF.  Otherwise, the Filing User shall not attempt to refile the document in ECF.  The Filing User shall immediately contact the clerk’s office help desk to report the error and request necessary remedial action.  The clerk’s office may make an entry indicating that the document was filed in error and may request that the document be refiled.  The court may, upon motion of a party or upon its own motion, strike any erroneously or inappropriately filed document.

 

(2)        Documents Conventionally Filed in ECF Cases.  Except as provided herein, documents may not be submitted conventionally in a case designated for ECF.

 

(3)        Documents Electronically Filed in Non-ECF Cases.  Except as provided herein, documents may not be submitted electronically through the ECF system in a case not designated for ECF.

 

(ji)        Hyperlinks.  Electronically filed documents may contain the following types of hyperlinks:

            (1)        Hyperlinks to other portions of the same document; and

            (2)        Hyperlinks to a location on the Internet that contains a source document for a citation.

            Hyperlinks to other documents filed within the CM/ECF system are not permitted.

 

Hyperlinks to cited authority may not replace standard citation format.   Complete citations must be included in the text of the filed document.  Neither a hyperlink, nor any site to which it refers, shall be considered part of the record,  but are simply convenient mechanisms for accessing material cited in a filed document.  

 

The court accepts no responsibility for, and does not endorse, any product, organization, or content at any hyperlinked site, or at any site to which that site may be linked.  The court accepts no responsibility for the availability or functionality of any hyperlink.

 

(kj)       PDF Document Restrictions. The ECF system will not accept PDF documents containing tracking tags, embedded systems commands, password protections, access restrictions or other security features, special tags or dynamic features.

 

2.4        Civil and Miscellaneous Case Opening Documents

 

(a)        Filing.  Civil and miscellaneous case opening documents and related attachments may be (i) electronically filed through the court’s ECF system if the attorney Filing User pays the filing fee using the ECF credit card payment system previously provided the clerk’s office with a credit card authorization form, simultaneously submits a motion to proceed in forma pauperis, or if no filing fee is required, or (ii) conventionally filed with the appropriate filing fee.  If conventionally filed by an attorney, the case opening documents and attachments must also be downloaded onto a 3.5 floppy or compact disk as separate documents in PDF format and received within 48 hours.

 

“Civil case opening documents” shall include, but are not limited to, complaints, petitions, or notices of removal.  Related attachments that should be electronically filed shall include, but are not limited to, the civil cover sheet and summons/notice of lawsuit and waiver of summons.  A Filing User requesting summonses must complete the top section of the each summons form before filing electronically or conventionally.

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2.5        Attachments/Non-Trial Exhibits

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(d)        Attachments/Non-Trial Exhibits Conventionally Filed in ECF Case. 

 

(1)        Notice of Conventional Filing. If an attachment or exhibit is submitted conventionally in an ECF case, the Filing User shall electronically file a Notice of Conventional Filing on a form prescribed by the clerk’s office in the place where the attachment or exhibit would have been submitted electronically as an attachment to the main document.

 

(2)        Filing Date.  If an attachment or exhibit is conventionally filed, the main document shall be deemed filed upon the issuance of the Notice of Electronic Filing, provided that the conventionally submitted matters are filed and served within 48 72 hours.  A paper copy of the Notice of Electronic Filing shall be attached to the conventionally submitted matter.

 

(3)        Maintained in Paper Format in the Clerk’s Office. If an attachment or exhibit is conventionally filed, it will be maintained and available for inspection in the clerk’s office and will not be added to the court’s electronic docket.

 

3.2        Conventional Filings in Civil/Miscellaneous Cases

            Unless otherwise provided herein, the clerk’s office will not scan and insert the following documents into the court’s electronic docket.

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(c)        Mediation Documents. The following mediation documents shall be conventionally filed:  Notice of Proposed Mediators, Attorney Response to List of Proposed Mediators;  Notice of Selection of Mediator; Mediator’s Post ADR Reporting Form; and, if the magistrate judge is serving as the mediator in a case, the Mediation Conference Statement and Mediation Conference Statement Confidential Addendum.  The Mediator’s Notice of Mediation may be filed either electronically or conventionally.

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3.3        Sealed Matters

 

(a)        Documents Filed in Sealed Cases. Documents shall be conventionally filed in sealed cases unless the court orders the case unsealed.    The Filing User shall also contemporaneously provide the court with a 3.5 floppy or compact disk of the main document and any accompanying memorandum of law or exhibits as separate documents in PDF format, which shall be named and organized in a manner that clearly identifies each document.

 

(b)        Sealed Documents.  Documents to be filed under seal and simultaneously filed motions to seal shall be conventionally filed.  Motions to seal submitted without the proposed sealed document may be filed conventionally or electronically.

 

(b)        Sealed Documents Filed In Non-Sealed Cases.

            (1)        Entire Filing Sealed.  If an entire submission, which includes the main document and any accompanying memorandum of law and attachments/exhibits, is sought to be filed under seal, the entire submission shall be conventionally filed.  No Notice of Conventional filing should be electronically filed in this circumstance.   The Filing User shall also contemporaneously provide the court with a 3.5 floppy or compact disk of the main document and any accompanying memorandum of law or exhibits as separate documents in PDF format, which shall be named and organized in a manner that clearly identifies each document.

 

            (2)        Filing Containing Both Sealed and Unsealed Documents.  If a filing contains both sealed and unsealed documents, the submission shall be electronically filed and a Notice of Conventional Filing shall be inserted in the place where the sealed document(s) would otherwise have appeared on the electronic docket.  The documents sought to be sealed shall be conventionally filed within 72 hours of the electronic submission and contemporaneously produced on a 3.5 floppy or compact disk as separate documents in PDF format, which shall be named and organized in a manner that clearly identifies each document.

 

(c)        Motions to Seal.  All motions to seal shall be conventionally filed.

 

3.6        Notice of Appeal

A  Notice of Appeal may be (i) electronically filed through the court’s ECF system if the attorney Filing User pays the filing fee using the ECF credit card payment system previously provided the clerk’s office with a credit card authorization form, simultaneously submits a motion to proceed in forma pauperis, or if no filing fee is required, or (ii) conventionally filed with the appropriate fee.  Conventionally filed notices will be scanned and inserted into the court’s electronic docket.

                                                           

3.7        Pro Hac Vice Motions.

A  Motion for Leave to Appear Pro Hac Vice may be (i) electronically filed through ECF if the attorney Filing User pays the filing fee using the ECF credit card payment system previously provided the clerk’s office with a credit card authorization form, or (ii) conventionally filed with the appropriate fee.  Conventionally filed pro hac vice motions will be scanned and inserted into the court’s electronic docket.  Due to technical limitations of the CM/ECF system,  Filing Users must submit a separate motion for each attorney whose admission is sought pro hac vice and may not request the pro hac vice admission of multiple attorneys in one motion.

 

3.8        Letters and Correspondence

All letters and correspondence shall be conventionally filed.  The clerk’s office may scan and add substantive letters and correspondence to the court’s electronic docket. 

3.89 Service of Conventional Filings

Documents that are filed conventionally shall be conventionally served in accordance with the Federal Rules of Civil/Criminal Procedure and the local rules of this court.

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