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Home < Case Processing < Frequently Asked Questions - Case Processing
How do I file a notice of appeal in a civil case?During an appeal is my case file available in the Clerk's Office?
What is the procedure for filing a new complaint?
How many copies of a pleading do I file?
How do I obtain copies and certified copies of documents in a case file?
Should I file discovery documents?
How do I obtain copies of a docket?
Does the court have equipment available for hearings and trials?
Will you accept fax filings?
Will you fax documents/order/filings?
Can I file documents after the office is closed?
How do I retrieve a file from the National Archives and Records Administration?
What is a filing fee for a Complaint?
How do I know to which judge a case is assigned?
How do I obtain a copy of an order/opinion?
What is needed to file a petition for removal?
How can I locate the post-judgment interest?
How do I file a pro hac vice?
Who do I contact with a question about my case?
How do I file sealed documents?
How do I serve subpoenas for a deposition for documents in another state when the case is pending here?
Who issues subpoenas in a civil case?
Who issues summonses in a civil case?
What do I need when filing a new case and requesting a temporary restraining order?
How do I obtain a copy of a transcript?
What are the current witness fees?
Where are federal tax liens filed in New Hampshire?
Q: How do I file a notice of appeal in a civil case?
File an original Notice of Appeal with the district court pursuant to Fed. R. App. P. 3(a)(1). The filing fee is $455.
Q: During an appeal is my case file available in the Clerk's Office?
Under normal circumstances, the entire case file will be sent to the First Circuit for appeal purposes.
Q: What is the procedure for filing a new complaint?
File an original complaint with a completed civil cover sheet, $350 filing fee (personal checks are not accepted), and completed summons(es). For further information, please refer to Filing a New Civil Action in the Case Processing section of this web site. If you are proceeding pro se, please refer to Case Processing, Pro Se Guide also in this web site.
Q: How many copies of a pleading do I file?
Only an original need be filed.
Q: How do I obtain copies and certified copies of documents in a case file?
You may obtain copies of documents in a file either by coming to the Clerk's Office and making your own copies at $.20 per page at the public coin-operated copier in the front lobby or by sending a written request along with prepayment of $.50 per page for copies to be made by Clerk's Office personnel. CERTIFIED copies of documents can be obtained for a charge of $9 per certification and $.50 per page copying fee. Depending on the request and current workload, there may be a two-week turnaround for copies made by Clerk's Office personnel.
Q: Should I file discovery documents?
No. Requests and responses to routine discovery, interrogatories, production of documents, and admissions shall be served upon other counsel or parties, but shall NOT be filed with the court. Fed. R. Civ. P. 5(d), 26(a)(1) or (2).
Q: How do I obtain copies of a docket?
You may obtain a copy of a docket by sending a written request along with prepayment at $.50 per page; before sending in your request, you will need to contact the Clerk's Office to determine the number of pages you'll be ordering. You may also come to the Clerk's Office and print your own docket from PACER for $.10 per page. Dockets may be remotely accessed and printed by use of the PACER system in this web site. Depending on the request and current workload, there may be a two-week turnaround for copies made by Clerk's Office personnel.
Q: Does the court have equipment available for hearings and trials?
Yes. Four courtrooms have a visual presenter, VCR, and light pens. Two of those courtrooms have the capability of videoconferencing and one of those courtrooms is fully automated for CD-Rom evidence. Overhead projectors and X-ray viewing screens can be provided upon request. Please refer to Automated Courtrooms under Courtroom Technology in this web site.
Q: Will you accept fax filings?
Per LR 5.1(e): "The clerk's office shall not accept filings by facsimile without an oral or written court order authorizing such filings."
Q: Will you FAX documents/order/filings?
No, the court does not fax any documents.
Q: Can I file documents after the office is closed?
There is a 24-hour depository located on the south side of the Cleveland Building. When leaving pleadings be sure to date/time stamp the pleading, not just the envelope. The pleading will be docketed as of the day it is stamped.
Q: How do I retrieve a file from the National Archives and Records Administration?
For information on how to review or obtain copies (certified and non-certified) of entire cases files or individual pleadings from a file that has been archived, click here.
Q: What is a filing fee for a Complaint?
The filing fee for a civil action is $350. Please refer to the Fee Schedule for a complete list of fees that the District of New Hampshire charges.
Q: How do I know to which judge a case is assigned?
Each case bears the initial(s) of the assigned judge in the case number:
SM = Chief Judge Steven J. McAuliffe
PB = District Judge Paul J. Barbadoro
JD = District Judge Joseph A. DiClerico, Jr.
JL = District Judge Joseph N. Laplante
JM = Magistrate Judge James R. Muirhead
Q: How do I obtain a copy of an order/opinion?
There are several different ways this can be done:
- You can download the opinion/order under the Opinions/Orders section of this web site.
- There is a public copier at the Clerk's Office at which you can make your own copies at $.20 per page.
- Using a computer terminal at the Clerk's Office, you can print the opinion/order from the Opinions/Orders section of our web site at $.10 per page.
- You can request in writing that the Clerk's Office make the copies at $.50 per page; prepayment is required. Personal checks are not accepted.
- The Clerk's Office can also accept a copy request over the phone as long as credit card payment information is provided.
Q: What is needed to file a petition for removal?
- Original Civil Cover Sheet (JS-44 Form)
- Filing fee of $350
- Petition for Removal
- Notice of Removal to State Court
Q: How can I locate the post-judgment interest?
As of December 21, 2000, the post-judgment interest rate is the weekly average 1-year constant maturity Treasury yield for the calendar week preceding the date of judgment. The rates can be found via a link on our web site under Court Information, Financial or at: www.uscourts.gov/postjud/postjud.html.
Q: How do I file a pro hac vice?
Local counsel will need to move for the admission of persons not members of the bar of this Court (LR 83.2(b)). The motion, an affidavit, and fee of $100 per attorney, per case will need to be filed. Checks should be made payable to Clerk, US District Court.
Q: Who do I contact with a question about my case?
If you have a question on a case or procedure, you should contact the appropriate case manager for the case. See the listing in Court Information, Personnel Directory in this web site. You should never contact the judge directly.
Q: How do I file sealed documents ?
Please refer to LR 83.11.
Q: How do I serve subpoenas for a deposition for documents in another state when the case is pending here?
Attorneys who are practicing before this court are empowered by Rule 45 of the Federal Rules of Civil Procedure to issue subpoenas for depositions or documents in any other federal court district. The standard subpoena form should be used. The attorney will complete the heading, indicating the District Court and Division in which the subpoena is to be served. The NH case number is used. The attorney will serve the necessary notices when issuing the subpoena.
When the return of service is made, the attorney holds the return. It is not filed in the NH case file.
If further proceedings, such as a notice of appeal or motion to quash become necessary, the attorney must open a miscellaneous case in the other district in order to litigate the validity of the subpoena.
Q: Who issues subpoenas in a civil case?
Attorneys issue subpoenas in civil cases. The clerk may, pursuant to court order, issue subpoenas for pro se litigants. See LR 45.2 and LR 45.4.
Q: Who issues summonses in a civil case?
Summonses are issued by the court. The summons form needs to be completely filled out by the party requesting the summons prior to it being issued.
Q: What do I need when filing a new case and requesting a temporary restraining order ?
- Complaint
- Civil Cover Sheet
- $350 Filing Fee
- Summons(es)
- Motion for Temporary Restraining Order (This motion must be filed separate from the complaint LR 7.1(a)(1))
- Proposed Temporary Restraining Order (LR 65.1)
Q: How do I obtain a copy of a transcript ?
A transcript is ordered directly from the court reporter who was at the hearing. In order to determine which court reporter was present, you can either contact the Clerk's Office or look at the docket entry on the PACER system; the reporter will be listed in parenthesis as such: (Reporter: D. Churas). Please have the case number and date of hearing available when ordering a transcript. Our full-time court reporters are listed in the Court Information, Personnel Directory section of this web site.
If the hearing was tape recorded instead of taken by a stenographer, the Clerk's Office will check with our own court reporters to determine if one of them has time to produce a transcript. If they do not, the Clerk's Office will give you names of official transcriptionists, and it will be your responsibility to arrange for the transcript. You will need to purchase a copy of the tape for $26.
Q: What are the current witness fees?
Witness fees are currently $40 per day and 50.5 cents per mile (round-trip) (as of 03/19/08).
Q: Where are federal tax liens filed in New Hampshire?
In general, 26 U.S.C. § 6323(f), in conjunction with RSA 454-B:2, determine where federal tax liens are filed in New Hampshire. A federal tax lien on real property is filed in the registry of deeds in the county where the real property subject to the lien is situated. Depending on the nature of the lien, a federal tax lien on personal property is filed in either the office of the secretary of state or the office of the city or town clerk where the person against those interest the lien applies resides.
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