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Bar News - October 20, 2006


US District Court–District of NH - New Rules & Procedures For Filing Pro Hac Vice Motions Effective October 1, 2006

 

Effective October 1, 2006, the rules and procedures for electronically filing pro hac vice motions will change in the District of New Hampshire.  These changes will impact 1) pro hac vice motions electronically filed with the complaint at case opening, and 2) situations in which local counsel seeks the pro hac vice admission of multiple attorneys in a case.  These changes are necessitated by restrictions of the new Internet credit card payment system in CM/ECF.

 

PRO HAC VICE MOTIONS FILED WITH THE COMPLAINT

           

In this district, civil complaints can be filed on paper or electronically using the court’s CM/ECF filing system.  AP 2.4.   If filed electronically, the court had permitted and encouraged the filer to submit a pro hac vice motion as an attachment to the complaint.  Effective October 1, however, attorneys will no longer be permitted to electronically file a pro hac vice motion with the complaint.  The “New Case (Attorney Filing)” event has been modified to include the following reminder:

 

NOTE: Due to system limitations, you may no longer file motions for pro hac vice admission at case opening.  After you receive notice that the clerk’s office has assigned a case number and judge to your new case, you may then electronically file any pro hac vice motions in that newly assigned case.  DO NOT FILE PRO HAC VICE MOTIONS AT THIS TIME.

 

Thus, the attorney can electronically file the pro hac vice motion after receiving notice that the case has been opened by the court.  Please note that this procedure does not apply to complaints filed in paper and counsel may continue to file a pro hac vice motion with the complaint and include a check or money order for the appropriate filing and pro hac vice fees. 

 

PRO HAC VICE MOTIONS REQUESTING

ADMISSION OF MULTIPLE ATTORNEYS

           

Again due to the limitations of the CM/ECF internet credit card payment system, the court has amended its Administrative Procedures for ECF (effective Oct. 1) to require a separate motion for each attorney whose admission is sought pro hac vice and to prohibit requesting pro hac vice admission of multiple attorneys in one motion.  AP 3.7.  Thus, if local counsel wants to request the pro hac vice admission of five attorneys, local counsel would need to electronically file five separate motions, with the appropriate supporting affidavit, for each pro hac vice attorney.  See LR 83.2(b)(1).  The “Appear Pro Hac Vice” motion event has been modified to include the following reminder: 

 

NOTE: Due to limitations of the credit card payment system, you must now file a separate motion for each attorney for whom you seek pro hac vice admission.  Thus, you may not request pro hac vice admission of  multiple attorneys in one motion.

 

If you have any questions regarding these new rules or procedures, please feel free to contact Dan Lynch by e-mail at daniel_lynch@nhd.uscourts.gov or by phone at 603-225-1477.

 

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