XI. GENERAL PROVISIONS

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 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".

(b) Refiling Motions

If a motion is pending and undecided in the state court at the time of removal, it will not be considered unless and until the moving party refiles the motion with this court. Each motion must be filed separately on this court's docket. Any objection or other response must be filed by the nonmoving party separate from other pleadings and in accordance with Rule 7.1.

(c) Certified Copy of State Court Record

The removing party shall file with the clerk's office a certified or attested copy of the state court record within fourteen (14) days of the filing of the notice of removal.

(d) Remand

Whenever the court remands an action to state court, the clerk's office shall send a certified copy of the remand order and docket entries to the state court clerk's office.

History

(§§ (a), (b), and (c) amended 1/1/97; § (b) amended 1/1/98; § (a) amended 1/1/06; §§ (a) and (c) amended 12/1/09; § (a) amended 12/1/15; § (b) amended 12/1/17)

83.1 Bar of District Court

(a) Eligibility

Any active member in good standing of the bar of the Supreme Court of New Hampshire is eligible for admission to the bar of this court.  The bar of this court shall consist of those attorneys who have previously been admitted to the bar of this court and those who have been admitted pursuant to subsection (b).

(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 on a form provided by the clerk's office.  A copy shall be forwarded by the clerk's office, along with the required fee as published on the court's website. Submission of a completed Petition and Oath on Admission to the bar of this court constitutes the applicant’s consent to have the clerk's office obtain the applicant's public and non-public disciplinary history from the New Hampshire Attorney Discipline Office.

Upon the court's approval of the application, the applicant shall be admitted to the bar of this court upon taking the prescribed oath or affirmation. Applicants must be sworn in as members of the district's bar within one year of the date their application is approved or their application will be deemed inactive and a new application will be required.

Upon payment of the admission fee as published on the court's website, which includes a fee for deposit to the United States District Court Library Fund, the applicant shall then be a member of the bar of this court.

(c) Special Admissions

Upon motion and by order of the court, in special circumstances, a person may be admitted to the bar of this court at any time, whether or not the person has complied with all of the admissions requirements provided under the rules.  However, the requirements that the person be admitted take an oath or affirmation and pay the prescribed fee shall be satisfied and shall not be waived.

(d) Reinstatement After Taking Inactive Status or Resigning

Any attorney who takes inactive status or resigns must reapply for admission as set forth in subsections (a) and (b) before resuming practice in this court.

(e) Continued Membership

Active membership in good standing in the any of the following is a precondition to continued membership in the bar of this court:  The bar of the highest court of a state, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States.

History

(§ (b) amended 1/1/97, 1/1/98; §§ (b) and (c) amended 1/1/04; § (b) amended 6/1/04; § (a) amended and § (d) added 1/1/05; § (b) amended 1/1/06; § (a) amended and § (e) added 12/1/09; § (b) amended 12/1/11; § (b) amended 12/1/13; § (b) amended 12/1/15)

83.2 Practice by Persons Not Members of the Bar of This Court

(a) Attorneys for the United States

An attorney who is in good standing as a member of the bar in every jurisdiction in which admitted to practice, and who is not subject to pending disciplinary proceedings as a member of the bar in any jurisdiction, may appear and practice in this court as an attorney for the United States, or for any agency of the United States, or for an officer of the United States in an official capacity.  The court may at any time revoke such permission for good cause without a hearing and any attorney appearing pursuant to this rule is subject to the disciplinary rules and jurisdiction of this court.

(b) Pro Hac Vice Admissions

Any attorney who is a member in good standing of the bar of any court of the United States or of the highest court of any state may appear and practice before this court in that action at the court's discretion and on motion by a member of the bar of this court who is actively associated with him or her in a particular action.  The court may at any time revoke such permission for good cause without a hearing.  An attorney so permitted to practice before this court in a particular action shall at all times remain associated  in the action with a member of the bar of this court upon whom all process, notices, and other papers shall be served, who shall sign all filings submitted to the court and whose attendance is required at all proceedings, unless excused by the court.

An attorney for the United States who is not eligible for admission under subsection (a) of this rule may apply for admission under this subsection.

(1) Supporting Affidavit

An affidavit from the attorney seeking admission pro hac vice shall be attached to the motion for admission.  The affidavit must include:

(A) the attorney's office address and telephone number;

(B) a listing of court(s) to which the attorney has been admitted to practice and the year(s) of admission;

(C) a statement that the attorney is in good standing and eligible to practice in the court(s);

(D) a statement that the attorney is not currently suspended or disbarred in any jurisdiction;

(E) a statement describing the nature and status of any (1) previously imposed or pending disciplinary matters involving the attorney, and (2) prior felony or misdemeanor criminal convictions; and

(F) a statement disclosing and explaining any prior denials or revocations of pro hac vice status in any court.

(2) Fee for Admission

A motion for admission pro hac vice must be accompanied by a fee as published on the court's website.  The court will not refund the fee if the motion is denied.

(c) Appearance in Court by Law Students and Graduates

A second or third year student at, or a graduate of, an accredited United States law school, who is certified under N.H. Supreme Court Rule 36 and whose supervising attorney under said rule is a member of the bar of this court, may appear before the court on behalf of any indigent person(s), the State of New Hampshire, a State agency, or a State subdivision, or the United States government under the general supervision of such supervising attorney. The presence of the supervising attorney in court shall be required in all cases, and the supervising attorney shall be required to review, sign and file pleadings in all cases.

(d) Other Persons

Persons who are not members of the bar of this court and to whom subsections (a), (b), and (c) are not applicable will be allowed to appear before this court only on their own behalf.

History

(§ (b)(2) amended 1/1/97, 1/1/03, 1/1/07; § (a) amended 12/1/09; § (b)(1)(F) added, §§ (b)(1)(E) and (b)(2) amended 12/1/11; § (c) amended 6/6/16; § (b)(1)(B) amended 12/1/17)

83.3 Conferred Disciplinary Jurisdiction

Any attorney admitted or permitted to practice before this court shall be deemed to have conferred disciplinary jurisdiction upon this court for any alleged attorney misconduct arising during the course of a case pending before this court in which that attorney has participated in any way.

83.4 Promulgation of Disciplinary Rules

The court, in furtherance of its inherent authority and responsibility to supervise the conduct of attorneys who are admitted or permitted to practice before it, promulgates the Disciplinary Rules as outlined in LR 83.5.

83.5 Disciplinary Rules

DR-1 Standards for Professional Conduct

The Standards for Professional Conduct adopted by this court are the Rules of Professional Conduct as adopted by the New Hampshire Supreme Court, as the same may from time to time be amended by that court, and any standards of conduct set forth in these rules. Attorneys who are admitted or permitted to practice before this court shall comply with the Standards for Professional Conduct, and the court expects attorneys to be thoroughly familiar with such standards before appearing in any matter.  Attorneys prosecuting criminal cases are also held to the standards of conduct established by law for prosecutors.

DR-2 Attorneys Convicted of Crimes or Arrested for Crimes Involving a DeadlyWeapon.

(a) Any attorney permitted to practice before this court who is convicted of a felony or misdemeanor in any court of the United States, the District of Columbia, or any state, territory, commonwealth or possession of the United States, shall inform the clerk of such conviction by filing a certified copy of the judgment of conviction within twenty-one (21) days from the date of conviction.  Any attorney permitted to practice before this court who is arrested for any offense involving the use of a firearm or other deadly weapon shall inform the clerk of such arrest by filing a copy of the complaint(s), indictment(s) or other charging document(s) related to the arrest within twenty-one (21) days of the date of the arrest.

(b) If a reported conviction involves a "serious crime" as hereafter defined, the court shall enter an order immediately suspending that attorney, whether the conviction resulted from a plea of guilty or nolo contendere, or from a verdict after trial or otherwise, and regardless of the pendency of any appeal, until final disposition of any disciplinary proceeding that may be commenced upon such conviction.  A copy of the suspension order shall immediately be served upon the attorney as provided in DR-9 of these rules.  Upon good cause shown, the court may set aside such order when it appears in the interest of justice to do so.

(c) The term "serious crime" shall include any felony and any lesser crime a necessary element of which, as determined by the statutory or common law definition of such crime in the jurisdiction where the judgment was entered, involves a firearm or other deadly weapon, criminal threatening, false swearing, misrepresentation, fraud, willful failure to file or filing false income tax returns, deceit, bribery, extortion, misappropriation, theft or an attempt or a conspiracy or solicitation of another to commit a "serious crime."

(d) A certified copy of a judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding instituted against that attorney based upon the conviction.

(e) Upon the filing of a copy of the complaint(s), indictment(s) or other charging document(s) related to an arrest involving the use of a firearm or other deadly weapon, the Court shall inform the office of the United States Marshal and the Marshal’s Office  may immediately suspend or revoke any “Bar card” permitting the attorney to access the Courthouse without inspection.

(f)  Upon the filing of a certified copy of a judgment of conviction of an attorney for a serious crime, the court may, in addition to suspending that attorney in accordance with the provisions of this rule, (i) refer the matter to special counsel for the institution of a disciplinary proceeding before one or more judges of the court in which the sole issue to be determined shall be the extent of the final discipline to be imposed as a result of the conduct resulting in the conviction, provided that a disciplinary proceeding so instituted will not be brought to final hearing until all appeals from the conviction are concluded; or (ii) stay the imposition of final discipline pending the outcome of a disciplinary proceeding in another court and pending the issuance of an order to show cause pursuant to DR-3(b)(2).

(g) Upon the filing of a certified copy of a judgment of conviction of an attorney for a crime not constituting a "serious crime," the court may refer the matter to special counsel for whatever action counsel may deem warranted, including the institution of a disciplinary proceeding before the court provided, however, that the court may in its discretion make no reference with respect to convictions for minor offenses.

(h) An attorney suspended under the provisions of this rule will be reinstated immediately upon the filing of a certificate demonstrating that the underlying conviction of a serious crime has been reversed but the reinstatement will not terminate any disciplinary proceeding then pending against the attorney, the disposition of which shall be determined by the court on the basis of all available evidence pertaining to both guilt and the extent of discipline to be imposed.

(§ (d) amended 1/1/99; § (a) added, former §§ (a)-(f) relettered accordingly, and new §§ (b), (c) and (e) amended 12/1/11; title and §§ (a) and (b) amended, new § (e) added, former § (e) amended and relettered, former §§ (g) and (h) relettered 12/1/13)

DR-3 Discipline Imposed By Other Courts

(a) Any attorney admitted to practice before this court shall, upon being subjected to public discipline by any other court of the United States or the District of Columbia, or by a court of any state, territory, commonwealth or possession of the United States, promptly inform the clerk of this court of such action.

(b) Upon the filing of a certified or exemplified copy of a judgment or order demonstrating that any attorney admitted to practice before this court has been disciplined by another court, this court may forthwith issue a notice directed to the attorney containing:

  (1) a copy of the judgment or order from the other court; and

  (2) an order to show cause directing that the attorney inform this court within thirty (30) days after service of that order upon the attorney, personally or by mail, of any claim by the attorney predicated upon the grounds set forth in subsection (d) hereof that the imposition of the identical discipline by the court would be unwarranted and the reasons therefor.

(c) In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal discipline imposed in this court shall be deferred until such stay expires.

(d) Upon the expiration of thirty (30) days from service of the notice issued pursuant to the provisions of DR-3(b)(2) above, this court shall impose the identical discipline unless the respondent-attorney demonstrates, or this court finds, that upon the face of the record upon which the discipline in another jurisdiction is predicated it clearly appears:

  (1) that the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or

  (2) that there was such an infirmity of proof establishing the misconduct as to give rise to the clear conviction that this court could not, consistent with its duty, accept as final the conclusion on that subject; or

  (3) that the imposition of the same discipline by this court would result in grave injustice; or 

  (4) that the misconduct established is deemed by this court to warrant substantially different discipline. Where this court determines that any of said elements exist, it shall enter such other order as it deems appropriate.

(e) In all other respects, a final adjudication in another court that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in this court.

(f) This court may at any stage appoint special counsel to prosecute the disciplinary proceedings.

(§ (b) amended 1/1/03)

DR-4 Disbarment on Consent or Resignation in Other Courts.

(a) Any attorney admitted to practice before this court who shall be disbarred on consent or resign from the bar of any other court of the United States or the District of Columbia or from the bar of any state, territory, commonwealth or possession of the United States while an investigation into allegations of misconduct is pending, shall, upon the filing with this court of a certified or exemplified copy of the judgment or order accepting such disbarment on consent or resignation, cease to be permitted to practice before this court and be stricken from the roll of attorneys admitted to practice before this court.

(b) Any attorney admitted to practice before this court shall, upon being disbarred on consent or resigning from the bar of any other court of the United States or the District of Columbia or from the bar of any state, territory, commonwealth or possession of the United States while an investigation into allegations of misconduct is pending, promptly inform the clerk of this court of such disbarment on consent or resignation.

DR-5 Misconduct

(a) For misconduct defined in these rules, and for good cause shown, and after notice and opportunity to be heard, any lawyer admitted or permitted to practice before this court may be disbarred, suspended from practice before this court, or subjected to such other public or private disciplinary action as the circumstances may warrant.

(b) Acts or omissions by a lawyer admitted or permitted to practice before this court, individually or in concert with any other person or persons, which violate the Standards for Professional Conduct adopted by this court shall constitute misconduct and shall be grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship.

DR-6 Disciplinary Proceedings

(a) When misconduct or allegations of misconduct which, if substantiated, would warrant discipline of an attorney admitted or permitted to practice before this court shall come to the attention of this court, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated by these rules, the judge may follow either or both of the following procedures:

  (1) refer the matter to any appropriate disciplinary agency with jurisdiction over said attorney with a request that the agency report its actions to the court provided, however, that in addressing any misconduct matter the court may consider such agency's actions but shall not be bound thereby;

  (2) appoint one or more members of the bar of this court to act as special counsel to investigate the matter, to prosecute the matter in a formal disciplinary proceeding under these rules, to make such other recommendation as may be appropriate, or to perform any other functions required by the court in its order of appointment.

(b) Should special counsel conclude after investigation and review that a formal disciplinary proceeding should not be initiated against the respondent-attorney because sufficient evidence is not present, or because there is another proceeding pending against the respondent-attorney, the disposition of which in the judgment of the counsel should be awaited before further action by this court is considered, or for any other valid reason, counsel shall file with the court a recommendation for disposition of the matter, setting forth the reasons therefore.

(c) To initiate formal disciplinary proceedings, special counsel shall, upon a showing of probable cause, obtain leave of this court to institute a disciplinary proceeding by filing a complaint against the respondent-attorney setting forth the allegations of misconduct. If leave of the court is obtained, the complaint and summons shall be promptly served as provided in DR-9.

(d) The respondent-attorney shall file an answer to the complaint within thirty (30) days after service. If any issue of fact is raised in the answer or if the respondent- attorney wishes to be heard in mitigation, this court shall set the matter for prompt hearing before one or more judges of this court provided, however, that if the disciplinary proceeding is predicated upon the complaint of a judge of this court, the hearing shall be conducted before a panel of three judges of this court appointed by the Chief Judge or, if there are less than three judges of this court eligible to serve or if the Chief Judge is the complainant, by the Chief Judge of the Court of Appeals.

DR-7 Disbarment on Consent While Under Disciplinary Investigation or Prosecution

(a) Any attorney admitted to practice before this court who is the subject of an investigation into, or a pending proceeding involving, allegations of misconduct may consent to disbarment but only by delivering to this court an affidavit stating that the attorney desires to consent to disbarment and that:

  (1) the attorney's consent is freely and voluntarily rendered; the attorney is not being subjected to coercion or duress; the attorney is fully aware of the implications of so consenting;

  (2) the attorney is aware that there is a presently pending investigation or proceeding involving allegations that there exist grounds for the attorney's discipline, the nature of which the attorney shall specifically set forth;

  (3) the attorney acknowledges that the material facts so alleged are true; and

  (4) the attorney so consents because the attorney knows that if charges were predicated upon the matters under investigation or if the proceedings were prosecuted, the attorney could not successfully defend himself.

(b) Upon receipt of the required affidavit, this court shall enter an order disbarring the attorney.

(c) The order disbarring the attorney on consent shall be a matter of public record. However, the affidavit required under the provisions of this rule shall not be publicly disclosed or made available for use in any other proceeding except upon order of this court.

DR-8 Reinstatement

(a) After disbarment or suspension. An attorney suspended for three (3) months or less shall be automatically reinstated at the end of the period of suspension upon the filing with the court of an affidavit of compliance with the provisions of the order of suspension. An attorney suspended for more than three (3) months or disbarred may not resume practice until reinstated by order of this court.

(b) Time of application following disbarment. A person who has been disbarred after hearing or by consent may not apply for reinstatement until the expiration of at least five (5) years from the effective date of the disbarment. A lawyer who has been suspended for more than six (6) months may not apply for reinstatement until six (6) months before the period of suspension has expired.

(c) Hearing on application. Petitions for reinstatement by a disbarred or suspended attorney under this rule shall be filed with the Chief Judge of the court. Upon receipt of the petition, the Chief Judge may (i) reinstate the petitioner on the basis of the petition itself, (ii) refer the petition to special counsel, and/or (iii) assign the matter for hearing before one or more judges of this court provided, however, that if the disciplinary proceeding was predicated upon the complaint of a judge of this court, the hearing shall be conducted before one or more other judges of this court or, if there are not judges of this court eligible to serve, before a district judge of this Circuit appointed by the Chief Judge of the Court of Appeals. If the assigned judge orders a hearing, the hearing shall be scheduled within thirty (3) days of the filing of the petition for reinstatement.

(d) Standard for reinstatement. An attorney petitioning for reinstatement must demonstrate by clear and convincing evidence that he or she has the moral qualifications, competency, and learning in the law required for admission to practice law before this court and that his or her resumption of the practice of law will not be detrimental to the integrity and standing of the bar or to the administration of justice or subversive of the public interest.

(e) Duty of special counsel. In all proceedings upon a petition for reinstatement, cross-examination of the witnesses of the respondent-attorney and the submission of evidence, if any, in opposition to the petition shall be conducted by counsel.

(f) Deposit for costs of proceeding. Petitions for reinstatement under this rule shall be accompanied by an advance cost deposit in an amount to be set from time to time by the court to cover anticipated costs of the reinstatement proceeding.

(g) Conditions of reinstatement. If the petitioner is found unfit to resume the practice of law, the petition shall be dismissed. If the petitioner is found fit to resume the practice of law, the judgment shall reinstate him or her, provided that the judgment may make reinstatement conditional upon the payment of all or part of the costs of the proceedings and upon the making of partial or complete restitution to parties harmed by the petitioner whose conduct led to the suspension or disbarment. Provided further, that if the petitioner has been suspended or disbarred for five (5) years or more, reinstatement may be conditioned, in the discretion of the judge or judges before whom the matter is heard, upon the furnishing of proof of competency and learning in the law, which proof may include certification by the bar examiners of a state or other jurisdiction of the attorney's successful completion of an examination for admission to practice subsequent to the date of suspension or disbarment.

(h) Successive petitions. No petition for reinstatement under this rule shall be filed within one (1) year following an adverse judgment upon a petition for reinstatement filed by or on behalf of the same person.

(§ (a) amended 1/1/03; § (c) amended; § (d) added, former §§ (d)-(g) relettered 12/1/13)

DR-9 Service of Complaint, Papers and Other Notices

Upon the filing of a complaint instituting a disciplinary proceeding, the clerk shall forthwith issue a summons and deliver the summons and a copy of the complaint to the United States Marshal for service in the manner provided in Fed. R. Civ. P. 4(e)(2) or, if such service cannot be made, by registered or certified mail addressed to the respondent-attorney at the attorney's last known address. The summons shall direct the respondent-attorney to serve an answer within thirty (30) days after service. An order of suspension shall be served in the same manner as a summons and complaint instituting a disciplinary proceeding. Service of any other papers or notices required by these rules shall be deemed to have been made if such paper or notice is addressed to the respondent-attorney at the attorney's last known address or to counsel or the respondent's attorney at the address indicated in the most recent pleading or other document filed by them in the course of any proceeding.

DR-10 Duties of the Clerk

(a) Upon being informed that an attorney admitted to practice before this court has been convicted of any crime, the clerk of this court shall determine whether the clerk of the court in which such conviction occurred has forwarded a certificate of such conviction to this court. If a certificate has not been so forwarded, the clerk of this court shall promptly obtain a certificate and file it with this court.

(b) Upon being informed that an attorney admitted to practice before this court has been subjected to discipline by another court, the clerk of this court shall determine whether a certified or exemplified copy of the disciplinary judgment or order has been filed with this court, and, if not, the clerk shall promptly obtain a certified or exemplified copy of the disciplinary judgment or order and file it with this court.

(c) Whenever it appears that any person convicted of any crime or disbarred or suspended or censured or disbarred on consent by this court is admitted to practice law in any other jurisdiction or before any other court, the clerk of this court shall, within fourteen (14) days of that conviction, disbarment, suspension, censure, or disbarment on consent, transmit to the other court a certificate of the conviction or a certified exemplified copy of the judgment or order of disbarment suspension, censure, or disbarment on consent, as well as the last known office and residence addresses of the defendant or respondent.

(d) The clerk of this court shall, likewise, promptly notify the National Lawyer Regulatory Data Bank operated by the American Bar Association of any order imposing public discipline upon any attorney admitted to practice before this court.

(§ (d) amended 1/1/97; § (c) amended 12/1/09)

DR-11 Public Access and Confidentiality

(a) Publicly Available Records

All filings, orders, and proceedings involving allegations of misconduct by an attorney shall be public, except:

(1) When the court, on its own initiative or in response to a motion for protective order, orders that such matters shall not be made public. While a motion for protective order is pending, the motion and any objection to the motion will be filed under seal at Level I in accordance with LR 83.12, and

(2) Any filing, proceeding, or order issued pursuant to DR–6 prior to the initiation of formal disciplinary proceedings under DR-6(c).

(b) Respondent’s Request

The respondent attorney may request that the court make any matter public that would not otherwise be public under this rule.

History

(Retitled, text of rule stricken and replaced with §§ (a) and (b) 1/1/01; § (a) amended 12/1/13)

DR-12 Jurisdiction

Nothing contained in these rules shall be construed to deny to this court such powers as are necessary for the court to maintain control over proceedings conducted before it, such as proceedings for contempt under Title 18, United States Code or under Rule 42 of the Federal Rules of Criminal Procedure.

83.6 Appearances

(a) By Counsel

The filing of an appearance or any signed filing, except a motion under LR 83.2, constitutes an appearance by the attorney who signs it.  Multiple attorneys from the same firm may file appearances in the case and their names shall be entered on the docket.

(b) By Individuals

Pro se parties must appear personally, declaring their pro se status in their initial filing or in a notice of appearance. The words "pro se" shall follow a party's signature on all filings in the same case. A pro se party may not authorize another person who is not a member of the bar of this court to appear on his or her behalf. This includes a spouse or relative and any other party on the same side who is not represented by an attorney.

(c) By Corporations

A corporation, unincorporated association, or trust may not appear in any action or proceeding pro se, except that a trustee who is the sole beneficiary of a trust may represent the trust pro se.

(d) Withdrawals

An attorney may only withdraw from a case by leave of court after the filing of a motion with the clerk’s office if (1) there are any motions pending before the court, (2) the case has been pre-tried, or (3) a trial date has been set. If these circumstances do not exist or, if another attorney from the same law firm, government agency or in-house legal counsel will be continuing to represent the client, an attorney may withdraw by serving a notice of withdrawal on the client and on all other parties and by filing the notice with the clerk's office. When an attorney withdraws from a case and no other appearance is entered, the clerk's office shall notify the party by mail of such withdrawal, and unless the party appears pro se or through counsel by a date set by the court, the court will terminate the case by a dismissal or default judgment. As a condition of withdrawal, the attorney shall notify the clerk's office, in writing, of the client's last known address.

(e) Change of Address

An attorney or pro se party who has appeared before the court on a matter is under a continuing duty to notify the clerk's office of any change of address and telephone number.  Counsel or pro se parties who fail to provide the clerk's office with their current address in accordance with this rule are not entitled to notice.

History

(§ (d) amended 1/1/97; § (a)(4) added 1/1/98; prior § (a)(4) stricken 1/1/01; § (a)(4) added 1/1/05; § (a)(1)(A) amended and renamed § (a), §§ (a)(2)-(4) omitted 1/1/08; § (c) amended 12/1/09; § (c) amended 12/1/11; § (d) amended 12/1/13)

83.7 Limited Representation by Counsel

(a) Limited Representation Within Court Discretion

To the extent permitted by Rule 1.2 of the New Hampshire Rules of Professional Conduct, an attorney may provide limited representation to an otherwise unrepresented litigant in a non-criminal case at the discretion of the presiding judge upon motion filed by the attorney seeking to provide the limited representation.

(b) Motion for Limited Appearance

The motion shall state precisely the scope of the limited representation to be provided. 

(c) Scope of Limited Appearance

The attorney’s involvement in the matter shall be limited to the scope of the representation described in the motion. An attorney who is providing limited representation pursuant to this rule and files any pleading or motion outside the stated scope of limited representation, shall be deemed to have amended the scope of the limited representation to include such filing.

(d) Documents Prepared with Counsel

An attorney may draft or assist in drafting pleadings, motions, or other documents to be filed in this court only if the court has granted the attorney leave to provide limited representation pursuant to this rule. The attorney shall be subject to, and must sign and serve the filings pursuant to, the local rules and the Federal Rules of Civil Procedure.

(e) Notice of Completion

Any limited representation by an attorney under this rule shall automatically terminate upon completion of the specified scope of representation provided that the attorney files and serves on all parties or their counsel a “Notice of Completion of Limited Representation,” that conforms to Civil Form 6. An attorney who seeks to withdraw prior to the completion of the specified scope of limited representation must comply with LR 83.6(d).

(f) Change of Address/Telephone Number

The requirements of LR 83.6(e) apply to any party and attorney appearing in any case in which this limited representation rule is invoked.

History

(Added 12/1/13)

83.8 Photographing; Broadcasting; Televising

(a) Prohibition

Except authorized personnel in the discharge of their official governmental duties, all persons are prohibited from photographing, recording (audio or video), broadcasting, transmitting, or televising within the Warren B. Rudman U.S. Courthouse (including the garage, basement, and ramp area, as well as other areas designated on specific occasions by the United States Marshal when necessary for security reasons). Except authorized personnel in the discharge of their official governmental duties, all persons are prohibited from possessing within the Rudman courthouse any form of equipment or means of photographing, recording (audio or video), broadcasting, transmitting, or televising.

(b) Persons Visiting Agencies in the James C. Cleveland Federal Building

All persons seeking to visit offices of agencies other than court agencies which have permanent offices located within the Cleveland building for the purpose of photographing or recording within those offices shall be escorted from and to the lobby area of the building by a representative of that agency. The head of that agency shall be responsible for ensuring compliance by the agency and visitors to that agency with the requirements of this rule.

(c) Exceptions

(1) The court may permit the photographing, recording (audio or video), broadcasting, transmitting, or televising of naturalization, investiture, swearing-in, or similar ceremonies or special proceedings.

(2) Unless otherwise prohibited by a judge or the clerk, members of the bar of this court or any other bar and their agents may possess and use cell phones, computers, pagers, personal digital assistants (PDAs), and similar electronic devices within the Rudman Courthouse. However, such devices shall be set on silence mode, and no telephone calls made or received, while in any courtroom or judge’s chambers without specific advance authorization by the presiding judge. Additionally, the use of cell phones for telephone calls shall be restricted to conference rooms within the Rudman Courthouse.

In no event shall any such device be employed by counsel or anyone else in any manner designed to photograph, record (audio or video), broadcast, transmit, or televise any proceeding, scene, discussion, or event. It is the intent of this rule to preserve the prohibitions set out in subsection (a), while allowing some reasonable flexibility to members of a bar (who are subject to professional sanction) to effectively perform their professional obligations.

Pro se litigants and others may be extended similar privileges upon application to the clerk of court and showing of good cause for or particular need for an exception.

History

(§ (a) amended, prior § (b), Exception, relettered to § (c) and amended, and § (b) added 1/1/00; § (c)(2) amended 1/1/04; § (c)(2) amended 12/1/11; formerly LR 83.7 renumbered to 83.8 12/1/13; § (c)(2) amended 12/1/15)

83.9 Provisions for Special Orders in Widely Publicized and Sensational Cases

In a widely publicized or sensational case, the court, sua sponte or on motion of either party, may issue a special order governing matters such as extrajudicial statements by parties and witnesses likely to interfere with the conduct of a fair trial by an impartial jury, the seating and conduct in the courtroom of spectators and news media representatives, the management and sequestration of jurors and witnesses, and any other matters which the court deems appropriate.

(Formerly LR 83.8 renumbered to 83.9 12/1/13)

83.10 Courthouse Security

All persons entering a federal courthouse in this district and all items carried by them shall be subject to appropriate screening and checking by a United States Marshal, a security officer, or any law enforcement officer on duty.  Any person who refuses to cooperate with these security measures may be denied entrance to the courthouse.

(Formerly LR 83.9 renumbered to 83.10 12/1/13)

83.11 Pending Matters in Stayed Cases

When the court grants a stay, it may administratively terminate any pending motions without prejudice. 

(Formerly LR 83.10 renumbered to 83.11 12/1/13)

83.12 Sealed Documents

(a) Filings, Orders, and Docket Entries

All filings, orders, and docket entries shall be public unless:

(1) a filing, order, or docket entry must be sealed pursuant to state law, federal law, the Federal Rules of Criminal or Civil Procedure, or these rules;

(2) a filing, order, or docket entry has been sealed by order of another court or agency; or

(3) this court issues an order sealing a filing, order, or docket entry.

(b) Levels of Sealed Filings, Orders, and Docket Entries

(1) Level I

Filings, orders, and docket entries sealed at Level I may be reviewed by any attorney or pro se party appearing in the action without prior leave of court.

(2) Level II

Filings, orders, and docket entries sealed at Level II may be reviewed only by the filer or, in the case of an order, the person to whom the order is directed without prior leave of court.

(c) Motions to Seal

A motion to seal must be filed conventionally together with the item to be sealed and both will be accepted provisionally under seal, subject to the court’s subsequent ruling on the motion. The motion must explain the basis for sealing, specify the proposed date on which the requested seal order shall expire, and designate whether the material is to be sealed at Level I or Level II. If a party is requesting that only certain portions of a document be sealed, the party must provide a full copy of the document clearly displaying the portions sought to be sealed. Departure motions based on substantial assistance need not contain a proposed seal duration and, unless extended upon motion for good cause shown, shall remain sealed for five (5) years or until the completion of any term of imprisonment, whichever occurs later. Any motion to seal, upon specific request, may also be sealed if it contains a discussion of the confidential material. If the court denies the motion to seal, any materials tendered under provisional seal will be returned to the movant.

(d) Filing Procedures

All material submitted by a party either under seal or requesting sealed status, provisionally or otherwise, must be submitted in compliance with this subsection and Administrative Procedure for Electronic Case Filing 3.3. The documents and a data storage device shall be placed in a sealed envelope with a copy of the document’s cover page affixed to the outside of the envelope. The party shall designate the envelope with a conspicuous notation such as "DOCUMENTS UNDER SEAL," "DOCUMENTS SUBJECT TO PROTECTIVE ORDER," or the equivalent. If the basis for the document’s sealed status is not apparent, an explanatory cover letter should also be attached to alert the clerk’s staff of its special status.

Parties cannot seal otherwise public documents merely by agreement or by labeling them “sealed.”

History

(Prior rule stricken and replaced with §§ (a)-(d) 1/1/01; § (d) amended 1/1/08; § (c) amended 12/1/09; formerly LR 83.11 renumbered to 83.12, and § (c) amended 12/1/13; §§ (b)(1) and (c) amended 12/1/15)

83.13 Judicial Misconduct

Complaints alleging judicial misconduct or disability are governed by the Judicial Conduct and Disability Act, 28 U.S.C. § 372(c), and by the Rules of the Judicial Council of the First Circuit Governing Complaints of Judicial Misconduct or Disability. Copies of these rules and required complaint forms are available from the Office of the Circuit Executive, United States Courthouse, Suite 3700, 1 Courthouse Way, Boston, Massachusetts 02210 (617-748-9330) and are also available on the court’s web site. Any complaint of judicial misconduct must be filed with the Clerk of the United States Court of Appeals for the First Circuit.

(Amended 1/1/99, 1/1/04; formerly LR 83.12 renumbered to 83.13 12/1/13)

83.14 Exhibits and Witness List

(a) Premarking

No later than one week before a case is set for trial or hearing, counsel shall furnish to the clerk:

(1) an original of a typed descriptive list of all exhibits to be offered. Each listing shall indicate whether the exhibit shall be admitted into evidence by agreement of parties or marked for identification;

(2) the original exhibits, marked, that will be used in the proceeding; and

(3) no hazardous exhibit as defined in LR 7.3 shall be presented for premarking, premarked, introduced into evidence or maintained in the custody of the court without prior leave of court.

At the commencement of the proceeding, all exhibits agreed to will be offered and received into evidence. Those marked for identification will remain so until ruled upon during the proceeding or in the court's opinion or otherwise.

(b) Custody

All exhibits received or offered in evidence at any proceeding shall be delivered to the clerk, who shall keep them in custody except that any sensitive exhibits or other exhibits which, because of their size or nature, require special handling shall remain in the possession of the party introducing same during the pendency of the proceedings and any appeal.

(c) Disposition

At the conclusion of the proceeding, all exhibits shall be retained by the clerk until the expiration of any appeal period or the conclusion of any appeal, whichever occurs later. The court may, however, order that some or all exhibits be maintained by an attorney or party or otherwise stored at an off-site facility at the parties' expense during the pendency of any appeal.

After the conclusion of any appeal or, if no appeal is taken, after the expiration of the appeal period, the clerk may notify the parties that the exhibits should be removed within a specified period of time. If the exhibits are not removed or another arrangement made with the clerk within the time allowed, the exhibits may be destroyed or otherwise disposed of without further notice.

(d) Appeals

It shall be the duty of the clerk, or any attorney or party having possession of an exhibit pursuant to these rules or a court order, to promptly send such exhibit(s) to the office of the clerk of the court of appeals to which the appeal has been taken. If the exhibits are unusually voluminous, the court in its discretion may require the parties to arrange for transmission of the same to the clerk of the court of appeals.

Pursuant to Fed. R. App. P. 11(b)(2), documentary exhibits of unusual bulk or weight and physical exhibits other than documents need not be transmitted to the clerk of the court of appeals unless directed to do so by the clerk of the court of appeals. Pending transmission of such exhibits to the court of appeals and/or final disposition of any appeal, if any exhibits are in the custody of a party or attorney pursuant to subsection (b) of this rule, they shall remain in the custody such attorney or party unless otherwise ordered by the court and available for inspection by any other party upon request. If the clerk of the court of appeals requests such exhibits be transmitted, the attorney or party in possession of the exhibits shall promptly make arrangements for the immediate transmission of them to the court of appeals. If such exhibits are in the custody of the court, the court in its discretion may require the parties to arrange transmission to the court of appeals.

(e) Photographs of Chalks

In order to make a record of a chalk, the court may permit a party to photograph or otherwise copy it, on such terms as are just.

(f) Witness List

No later than one week before a case is set for trial or hearing, counsel or a pro se party shall submit to the clerk a final witness list that shall include the name and town/city of residence/place of business (as appropriate) for each witness the party expects to present as well as for those witnesses the party may call if the need arises.

History

(New § (d) added, prior § (d) relettered to § (e) 1/1/04; § (a)(3) added, § (d) amended 1/1/08; §§ (c) and (d) amended 12/1/09; § (f) added 12/1/11; formerly LR 83.13 renumbered to 83.14 and § (d) amended 12/1/13)

83.15 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 website 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; and (d) perform a virus check on any media they intend to access on court provided computers.

(Added 1/1/06; § (e) omitted 12/1/11; formerly LR 83.14 renumbered to 83.15 12/1/13)

83.16 Presentation of Electronic Evidence to a Deliberating Jury, Jury Evidence Recording System (JERS)

(a) Use of Jury Evidence Recording System (“JERS”)

JERS is a court technology system that allows a deliberating jury to review trial exhibits, such as documentary, photographic or video exhibits, on a plasma screen using a touch screen kiosk. Unless otherwise ordered by the court, JERS shall be the exclusive medium used to present electronic evidence to a deliberating jury. Parties using JERS shall comply with the procedures set forth below in this rule and on the court’s website.

(b) Production of Exhibits in Electronic Format

In addition to submitting their exhibits in paper as required by LR 83.14 and LCrR 16.1(h), the parties shall simultaneously exchange and submit their exhibits in an electronic format that strictly conforms with naming and submission instructions on the JERS section of the court's website. Exhibits shall be described using neutral and non-adversarial terms. To the extent practicable, the parties should endeavor to have available at trial an electronic copy of any unlisted exhibit that is used to impeach a witness and is admitted into evidence. Exhibits that cannot practically be reduced to electronic format, such as large physical exhibits, or exhibits that the parties have agreed should not be submitted to the deliberating jury in electronic format need not be submitted electronically for entry into JERS.

(c) Confirmation of Exhibits Released to Jury for Deliberations

Before the jury begins to deliberate, the parties will confer with the courtroom deputy and will (1) agree on the exhibits that will be released to the jury through JERS, (2) confirm that the exhibits in JER are identical to the exhibits admitted into evidence, and (3) agree what restrictions, if any, may apply to each exhibit (e.g. audio only, video only). Any disagreements will be resolved by the presiding judge.

(d) Integrity of Deliberation Process

No court personnel will enter the jury room once deliberations have commenced without the court's permission. Any request by the jury for technical assistance will have to be made in writing, and presented to the parties for their consideration and to the court for approval, before any court staff member will be permitted to provide assistance. In the event court staff must assist with a technical problem, jurors will be escorted to another room while court staff resolves the problem.

History

(Added 12/1/11; formerly LR 83.15 renumbered to 83.16, introduction deleted, § (a) added, §§ (a) – (c) relettered, 12/1/13; § (b) amended 12/1/15)