I. SCOPE OF THE RULES

1.1 General Rules

(a) Title and Citation

The local rules shall be known as the "Local Rules of the United States District Court for the District of New Hampshire."  They shall be cited as "LR __."

(b) Effective Date

Effective January 1, 1996, as amended December 1, 2017.

(c) Relationship to Prior Rules

The local rules supersede all previous rules promulgated by this court.  They shall apply to all new actions and all actions pending at the time they take effect except to the extent that the court determines that application of the local rules would not be feasible or would work injustice in which event the former rules shall govern.

(d) Construction

United States Code, Title 1, Sections 1 to 5, shall govern the construction of the local rules.

(e) Numbering

The numbering of the local rules tracks the numbers of the Federal Rules of Civil Procedure.

(f) Scope

Local Rules 1.1 - 83.16 shall govern the procedure in all civil actions.

(g) Definitions

"Attorney" or "counsel" includes any party appearing pro se.

"Clerk" or "clerk's office" means the clerk of the United States District Court and deputy clerks unless the context dictates otherwise.

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

"Court" means the district or magistrate judge to whom a civil or criminal action, proceeding, case, or matter has been assigned.

"Electronically Filed/Served" means the transmission of a document in a portable document format (“PDF”) for filing and service through the court’s electronic case filing system.

"Filings" means pleadings, motions, or other documents; "initial filings" means the pleading or other document which initiates an action.

"Judge" means United States District Judge.

"Party" means the attorney as well as the person or entity being represented unless the context dictates otherwise.

History

(§§ (e), and (f) amended 1/1/97; § (b) amended 1/1/97, 1/1/98, 1/1/99, 1/1/00, 1/1/01, 1/1/02, 1/1/03, 1/1/04, 1/1/05, 6/1/05, 1/1/06, 1/1/07, 1/1/08, 12/1/09, 12/1/11; § (g) definition for Court Information System deleted 1/1/00; § (f) amended 1/1/06; § (g) amended 1/1/08; §§ (b) and (f) amended 12/1/13; § (f) amended 12/1/15; § (b) amended 12/1/17)

1.2 Availability; Amendments of Local Rules

(a) Availability.

Copies of the local rules may be purchased at the clerk's office. They are also available via the court’s web site (www.nhd.uscourts.gov).

(b) Amendments.

Except as otherwise provided, the court shall give notice of proposed amendments to the local rules through a publication distributed by the New Hampshire Bar Association, posting in the clerk's office, and posting on the court’s web site. The court shall allow at least thirty (30) days from the date of notice for public comment. 

When the court determines that there is an immediate need for an amendment, it may proceed without providing public notice or public comment, provided that the court promptly thereafter gives public notice and opportunity for public comment.

History

(§§ (a) and (b) amended 1/1/00; 1/1/01; (b) amended 12/1/15)

1.3 Sanctions; Relief From Failure to Comply

(a) Sanctions

Except as otherwise provided by law, the court may dismiss an action, enter a default, or impose other sanctions it deems appropriate, for any violation of, or failure to comply with, the local rules.

Violation of any local rule governing the form of filing may be sanctioned by imposing a fine against the attorney for the party that has violated the rule.  A party wishing to contest the imposition of any fine shall file a motion to vacate prior to payment of any fine.  The court shall not consider motions filed after payment of any fine.

(b) Relief From Failure to Comply

The court may excuse a failure to comply with any local rule whenever justice so requires.