I. SCOPE OF THE RULES

1.1 General Rules

(a) Title and Citation

The procedures governing electronic case filing shall be known as the "Supplemental Rules for Electronic Case Filing," formerly known as the“Administrative Procedures for Electronic Case Filing in the United States District Court for the District of New Hampshire.” They shall be cited as “AP ___.”

(b) Relationship to Other Rules

These administrative procedures are intended to supplement the Local Rules of the United States District Court for the District of New Hampshire to the extent necessary to establish procedures for the signing, filing, service, maintenance and verification of documents by electronic means. Unless modified by approved stipulation or order of the court, all Federal Rules of Civil/Criminal Procedure, local rules, and standing orders of the court shall continue to apply to cases that are subject to electronic case filing.

(c) Construction

United States Code, title 1, Sections 1 to 5, shall govern the construction of these administrative procedures.

(d) Definitions

“Conventionally Filed/Served” means documents presented to the court or party in paper or other non-electronic format.

"Data Storage Device" means a device used for storing and transporting electronic data files, including but not limited to a compact disk, USB device or floppy disk.

“Document” means any written matter filed by or with the court, whether filed conventionally or electronically, including but not limited to motions, pleadings, applications, petitions, notices, declarations, affidavits, exhibits, briefs, memoranda of law, orders, and deposition transcripts.

“ECF” means the court’s Electronic Case Filing System, which is an automated system that receives and stores documents in electronic form.

“Electronic Filing” or “Electronically Filed” means the transmission of a document in a portable document format (“PDF”) for filing using the ECF system facilities.

“Filing User” means those individuals who have a court issued login and password to file documents electronically in this judicial district.

“Main Document” means motions, objections, replies, stipulations, waivers, notices and other pleadings, but does not include attachments or exhibits to such pleadings.

“Notice of Electronic Filing” (“NEF”) means the notice automatically generated by ECF each time a document is electronically filed.

“PDF” means Portable Document Format. This includes both “Electronically Converted PDF Documents,” which are created from a word processing system (MS Word, WordPerfect, etc.) using PDF/PDF-A creation software and are text searchable, and “Scanned PDF Documents,” which are created from paper documents run through a scanner.

History

(§§ (b) and (f) amended 5/1/05, 6/1/11; § (b) amended 6/1/05, 8/1/05, 10/1/05, 10/1/06, 5/15/08, 12/1/09; omitted former §§ (b) and (e), relettered former §§ (c), (d) and (f) to (b), (c) and (d) accordingly, and amended § (a) 12/1/11 )

1.2 Relief From Administrative Procedures; Failure to Comply

(a) Relief from Administrative Procedures

The court may deviate from these procedures in specific cases, without prior notice, if deemed appropriate in the exercise of discretion, considering the need for the just, speedy, and inexpensive determination of matters pending before the court.

(b) Relief from Failure to Comply

The court may excuse a failure to comply with any administrative procedure whenever justice so requires.

(c) Sanctions for Failure to Comply

Except as provided by law, the court may impose sanctions for failure to comply with these administrative procedures as provided in LR 1.3.