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THE STATE OF NEW HAMPSHIRE

SUPREME COURT OF NEW HAMPSHIRE

ORDER

Pursuant to Part II, Article 73-a of the New Hampshire Constitution and

Supreme Court Rule 51, the Supreme Court of New Hampshire adopts the

following amendments to court rules.

I. Supplemental Rules of the Superior Court of New Hampshire For

Electronic Filing in Specified Civil Cases

(This amendment adopts Supplemental Rules of the Superior Court of New Hampshire for Electronic Filing in Specified Civil Cases.)

1. Adopt Supplemental Rules of the Superior Court of New Hampshire for Electronic Filing in Specified Civil Cases, as set forth in Appendix A.

II. Superior Court (Civ.) Rules – Electronic Filing

(These amendments to existing Rules of the Superior Court of the State of New Hampshire Applicable in Civil Actions are made to accommodate electronic filing.) 1. Amend Superior Court (Civ.) Rule 3, as set forth in Appendix B.

2. Amend Superior Court (Civ.) Rule 12(e), as set forth in Appendix C.

3. Amend Superior Court (Civ.) Rule 39, as set forth in Appendix D. 4. Amend Superior Court (Civ.) Rule 42, as set forth in Appendix E.

5. Amend Superior Court (Civ.) Rule 47, as set forth in Appendix F.

6. Amend Superior Court (Civ.) Rule 201, as set forth in Appendix G.

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III. Circuit Court Rules

(These amendments: (a) delete the words “a will” from Circuit Court Electronic Filing Rule 7(d); and (b) change the language of Circuit Court Electronic Filing Rule 7(e) to state that unless otherwise ordered by the court, proposed trial exhibits shall not be submitted electronically.)

1. Amend Circuit Court Electronic Filing Rule 7, as set forth in Appendix H.

IV. New Hampshire Rules of Professional Conduct

(This amendment adds a comment to follow New Hampshire Rule of Professional Conduct 6.5.) 1. Adopt a comment to follow New Hampshire Rule of Professional Conduct 6.5, as set forth in Appendix I.

V. Technical Changes

A. Supreme Court Rule 42, XI

(These amendments make minor changes to the rule to make it consistent with Supreme Court Rule 53.)

1. Amend Supreme Court Rule 42, XI, as set forth in Appendix J.

B. Supreme Court Rule 49

(These amendments move the language set forth in Supreme Court Rule 49(I)(F) to a new section (G).) 1. Amend Supreme Court Rule 49(I), as set forth in Appendix K.

C. New Hampshire Rules of Criminal Procedure

(These amendments move the language set forth in New Hampshire Rule of Criminal Procedure 21(c) and the language set forth in New Hampshire Rule of Criminal Procedure 15(b)(5) to New Hampshire Rule of Criminal Procedure 35.)

1. Delete New Hampshire Rule of Criminal Procedure 15(b)(5), as set forth

in Appendix L.

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2. Delete New Hampshire Rule of Criminal Procedure 21(c), as set forth in Appendix M.

3. Amend New Hampshire Rule of Criminal Procedure 35, as set forth in

Appendix N.

Effective Date

The amendments in Appendices A-G will become effective as of the date

set forth in a subsequent order of this court implementing electronic filing in

the superior court. The remaining amendments are effective on August 1, 2018. The amendment set forth in Appendix I is adopted on a temporary basis

and shall be referred to the Advisory Committee on Rules for its recommendation as to whether the comment should be adopted on a permanent basis or some other action should be taken.

Date: July 13, 2018

ATTEST: _________________________________ Eileen Fox, Clerk

Supreme Court of New Hampshire

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APPENDIX A

Adopt the Supplemental Rules of the Superior Court of New Hampshire

for Electronic Filing in Specified Civil Cases as follows:

SUPPLEMENTAL RULES OF THE SUPERIOR COURT OF NEW HAMPSHIRE FOR ELECTRONIC FILING IN SPECIFIED CIVIL CASES

PREAMBLE

Pursuant to the authority conferred by Part II, Article 73-a of the New Hampshire Constitution, the Supreme Court of New Hampshire hereby adopts

the attached Supplemental Rules of the Superior Court of New Hampshire for Electronic Filing In Specified Civil Cases. These rules shall take effect in all

superior court locations as of the date set forth in a Supreme Court order implementing e-filing in specified civil case types.

TABLE OF CONTENTS I. General Provisions

1. Scope and Effective Date of Rules

2. Definitions 3. Official Court Record 4. Relationship to Other Rules

5. Registration Requirements II. Filing Documents

6. Filing: Time of Filing and Effect of Technical Problems

a. Manner of Filing - General b. Cases or documents for which the filing party will mail the filing

fee or pay the filing fee at court

c. Time of Filing and Effect of Technical Problems 7. Document and Other Item Submission

a. Methods of Submitting Documents for Electronic Filing b. Format of Documents Filed Electronically c. Format of Documents Filed Conventionally

d. Original Documents and Other Paper Documents that were not Prepared for Electronic Filing

e. Attachments to Filings

f. Documents Submitted For In Camera Review 8. Signatures on Filings

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a. Original Document Deemed Signed b. When Multiple Signatures Are Required

9. Signatures on Court-Issued Electronic Documents 10. Notarized Signatures on Filings (Notarial Acts)

11. Filing Confidential Documents or Documents Containing Confidential Information

a. Access to Documents

b. Filing a Confidential Document c. Filing Documents Containing Confidential Information d. Motions to Seal

e. Procedure for Seeking Access to Documents or Information Contained in Documents That Have Been Determined to Be

Confidential f. Sanctions for Disclosure of Confidential Information

III. Service of Documents

12. Formal Service of Process 13. Electronic Service of Documents

IV. Miscellaneous 14. Certified or Attested Court Documents

I. General Provisions

Rule 1. Scope and Effective Date of Rules

(a) Effective Date and Applicability of Rules. These rules shall govern the

electronic filing of all documents commenced on and after the date specified in a Supreme Court order implementing electronic filing in superior court in

specified civil case types. These rules shall also govern the filing of all documents in cases in the superior court converted to electronic filing in accordance with paragraph (c). As good cause appears and as justice may

require, the court may waive the application of any rule.

(b) Electronic Filing Mandatory. Unless otherwise required or authorized

by these rules or an order of the court, all filings in cases commenced on or after these rules become effective shall be filed using the court’s electronic

filing system. However, a party may be excused from electronic filing in the circumstances set forth below.

(1) The court may fully excuse a party from electronic filing if the court finds that:

(A) a party is protected by law from disclosing certain identifying or contact information; or

(B) extraordinary circumstances would render electronic filing such a

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hardship that the party would be denied access to the Court. A party seeking to be fully excused from the mandate of electronic filing

shall file a request with the court setting forth the reasons therefor. A party who is fully excused from the mandate of electronic filing shall file

documents conventionally and shall deliver and receive copies of filed documents to and from other parties through conventional non-electronic means.

(2) Any incarcerated party entitled to notice pursuant to statute who notifies the court of his or her incarceration shall be exempt from the

mandate of electronic filing until such time as that party is no longer incarcerated.

(3) For good cause, the court may permit a limited exception to the mandate of electronic filing by allowing a party to initiate a case

conventionally or by allowing a party or other person to file a document in an existing case conventionally.

(c) Cases Pending Prior to Effective Date. Unless otherwise notified by Order of the Administrative Judge, cases pending prior to the effective date of these

rules shall not be subject to the requirements of these rules and shall not be accepted for electronic filing. Filings in such non-electronic cases shall

continue to be made conventionally. However, a party may file a written motion with the court to request to convert a non-electronic case to an electronic case if the pending case is a case type specified for electronic filing.

If the court grants the motion, the case will thereafter be governed by these rules. Following an order for conversion of the non-electronic case to an electronic case, it shall be the responsibility of the parties to ensure that filings

after the conversion date comply with all provisions of these rules. If the court notifies the parties in a case which had been pending prior to the effective date

of these rules that a case is being converted to an electronic case under these rules, the parties will be given sufficient time to comply with registration and other requirements set forth under these rules. Thereafter, these rules will

govern all future activity in converted cases. Rule 2. Definitions

(a) “Conventionally,” with respect to the filing of documents, means the

filing of documents with the court in paper. With respect to providing copies of court documents and filed documents to a party, “conventionally” means the provision of copies through the mail or through other non-electronic means.

(b) “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.

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(c) “Filer” or “Registered Filer” means a person registered with the

electronic filing system who submits a document for filing with the court.

(d) “Electronic Filing” means the process whereby a filer electronically submits to a court a document in electronic form to initiate an action or to file a document in an existing case.

(e) “Electronic service address” of a party means the electronic mail

(“email”) address at or through which the party shall receive electronic service.

(f) “Electronic service” means the electronic transmission of a notification

by the electronic filing system to the electronic mail (“email”) address of a party who has consented to electronic service by registering as a filer. The electronic filing system’s electronic notification will be used for the transmission of court

notices, court orders, and filings by parties, and will contain a hyperlink or other means to access a document that was filed or issued electronically for the

purpose of accomplishing service. Documents that require personal service or other formal service of process to confer jurisdiction over a party as a matter of law may not be served electronically.

(g) “Electronic Signature” is a signature, other than an inked signature,

as authorized by these rules.

(h) “Non-electronic signature” is an inked signature.

(i) “Original,” as used in these rules to refer to original documents, shall

have the same meaning as provided in Rule 1001 of the New Hampshire Rules

of Evidence. Rule 3. Official Court Record

(a) The official court record for a case filed or maintained in accordance

with these rules shall be the electronic case file maintained by the court, as well as any paper filings and other conventional filings maintained by the court in accordance with these rules.

(b) If a court digitizes, records, scans or otherwise reproduces a

document that is filed in paper into an electronic record, document or image for entry in the court’s case file, the court’s electronic record, document or image is the official court record of the filed document. Unless otherwise

provided in these rules or by court order, the conventionally filed paper document will not be maintained or retained by the court after the court digitizes, records, scans or otherwise reproduces the document into an

electronic record, document or image.

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Rule 4. Relationship to Other Rules

Insofar as these rules conflict with any other existing rules of the superior court which pertain to e-filed cases, these rules shall supersede such

existing rules. All other existing rules of the superior court shall remain in full force and effect.

Rule 5. Registration Requirements

(a) Registration. To initiate cases and to file documents in the court’s

electronic filing system, a person (an attorney, paralegal or other law firm staff, or a self-represented litigant) must first become a registered filer by completing

an online registration, providing a username and password to access the electronic filing system, and accepting the conditions of electronic filing, including those set forth in the “Responsibilities of Registered Filer” section of

this rule.

(b) Responsibilities of Registered Filer

(1) A registered filer is responsible for all documents that are filed via

the registered filer’s username and password. A registered filer shall not knowingly cause or permit the registered filer’s login information to be used by

another person.

(2) Any electronic filing, downloading or viewing of an electronic file made

by use of a username and password shall be deemed to be made with the authorization of the person registered to use the login information.

(3) If login information is misappropriated, misused or compromised in

any way, the person registered to use that login information must promptly

notify the court.

(4) For good cause, the court may issue an order prohibiting a filer from

filing electronically in a particular case.

(5) A registered filer must maintain an email address during the pendency of the case at which the registered filer consents to receive and agrees to accept notices and orders from the court and copies of documents

from other registered filers through the electronic filing system. Whenever notice or provision of copies to a party is required, notice or provision of copies

to the last email address on file shall be deemed to satisfy the requirement, and shall be binding on the party.

(6) All registered filers shall maintain accurate contact information during the pendency of the case.

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II. Filing Documents

Rule 6. Filing: Time of Filing and Effect of Technical Problems

(a) Manner of Filing – General

(1) A case, other than a case in which a party pays the filing fee at the

court, shall be considered initiated and filed with the court when:

(A) the case-initiating document has been electronically submitted to the court’s electronic filing system;

(B) the filing fee, if applicable, has been paid electronically, or a properly supported motion to waive the filing fee has been submitted; and

(C) the submission has been acknowledged as received by the court’s

electronic filing system.

(2) A document, other than a document for which the filing party pays

the filing fee at the court, shall be considered filed when:

(A) it has been electronically submitted to the court’s electronic filing system;

(B) the filing fee, if applicable, has been paid electronically or a properly supported motion to waive the filing fee has been submitted; and

(C) the submission has been acknowledged as received by the court’s


(3) Emailing or faxing documents shall not constitute “filing” with the

court.

(b) Cases or documents for which the filing party will mail the filing fee or pay the filing fee at court. When fees for case initiation or other documents are not paid online and instead are paid through U.S. mail or at court, the filer

shall pay in person at the court where the matter will be heard or mail the filing fee to the address specified by the court, to complete the filing process.

No submission shall be considered complete until the fee is paid. Failure to pay the filing fee within five (5) business days of the electronic filing may cause the submission to be purged from the electronic filing system. Filers may pay

at the court with cash, check or credit card or through the U.S. mail by check.

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(c) Time of Filing and Effect of Technical Problems

(1) An electronic filing may be made any day of the week, including weekends and holidays, and at any time of day that the electronic filing system

is available. The expansive availability of the electronic filing system shall not affect the provisions for computation and extension of time set forth by statute or court rule.

(2) A document is timely filed if it is filed before midnight on the date the

filing is due. If a filer encounters technical problems when attempting to make an electronic submission, the following rules apply.

(A) If a technical problem with the court’s electronic filing system prevents the court from receiving an electronic submission on a particular court day, and the electronic filer: (a) demonstrates that he or she attempted to

electronically file the document on that day; and (b) electronically submits the document on the first court business day that the technical problem no longer

exists, the court will deem the document as having been received on the day that the technical problem prevented the filer’s submission.

(B) Technical problems on the filer’s end, including but not limited to phone line problems, problems with the filer’s internet service, or problems

with the filer’s hardware or software, will not constitute a technical failure under these rules and will not excuse an untimely filing, unless the court orders otherwise.

(3) A party who files a document within 48 hours prior to a court

proceeding must comply with Rule 15, regarding service of the document, and

must also bring paper copies of the document for delivery to other parties during the court proceeding.

(4) A party who files a document during a court proceeding must bring

paper copies of the document for delivery to other parties during the court

proceeding.

(5) If the clerk discovers an error or defect in a filer’s electronic

submission of a document, the clerk may notify the filer of the error or defect, identify corrective actions to be taken by the filer, and establish a date by

which the filer must correct the error or defect. The failure of a filer to correct the error or defect by that date may result in action adverse to the filer.

Rule 7. Document and Other Item Submission

(a) Methods of Submitting Documents for Electronic Filing. A filer may

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select one of the following methods to submit a document for filing through the electronic filing system, unless the type of document requires that it be

submitted in only one of the following ways:

(1) System-generated document. The filer completes a guided interview, questionnaire or prompts through the electronic filing system, and the system then generates a document for filing based on the responses and

information provided by the filer.

(2) Court-created form. The filer completes a court-created form and uploads the completed document to the electronic filing system.

(3) Party-created document. The filer creates a document for filing and uploads the completed document to the electronic filing system.

(4) Attachments to a system-generated document, or to a completed court-

created form, or to a party-created document. If the exhibit or attachment is a document newly prepared for filing, the filer prepares and submits the document using methods (1), (2), or (3), as applicable. If the exhibit or

attachment is a preexisting document not newly prepared for filing, the filer scans and uploads the document to the electronic filing system.

(b) Format of Documents Filed Electronically

(1) All documents must be in Portable Document (PDF) non-editable format;

(2) Hyperlinks and other electronic navigational aids may be included

in an electronically filed document as an aid to the court. Each hyperlink must

contain a text reference to the target of the link. Although hyperlinks may be included in a document as an aid to the court, the material referred to by the hyperlinks is not considered part of the official record or filing unless already

part of the record in the case. Hyperlinks may be used to provide an electronic link to other portions of the same document or other portions of the court file.

Hyperlinks to cited authority may not replace standard citation format for constitutional citations, statutes, cases, rules or other similarly cited materials.

(c) Format of Documents Filed Conventionally. If a paper document is conventionally submitted to the court for filing, scanning and entry into the

court’s electronic case file, the document must be printed on one side, must be logically organized, and must be delivered to the court with no tabs, staples or permanent clips.

(d) Original Documents and Other Paper Documents That Were Not Prepared

for Electronic Filing

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(1) When a statute, court rule, or other law requires the filing of an

original, as opposed to a duplicate copy, of a will, a negotiable instrument or other document (see, e.g., Rule 1001 et seq. of the New Hampshire Rules of

Evidence), the filer shall file the original document conventionally.

(2) For any other preexisting paper document, including a document

containing a non-electronic signature (e.g., an affidavit from a prior proceeding, an offer letter, or a written cost estimate), the filer must scan the document

before it is filed electronically. The filer’s submission of the scanned document shall be deemed a certification by the filer that the document scanned is the original or a duplicate copy.

(e) Attachments to Filings

(1) An attachment that exceeds the technical standards for the electronic

filing system or is unable to be electronically filed must be filed with the court

on CD or DVD only. When an attachment is filed on approved media, a notice of exhibit attachment shall be filed through the electronic filing system.

(2) Attachments that cannot reasonably be filed in an electronically

converted or scanned PDF format, such as bulky attachments, physical

exhibits, and demonstrative evidence, shall be conventionally filed.

(3) Attachments that are in electronic format must meet the requirements

specified in the Electronic Filing User Guide.

(4) Proposed trial and hearing exhibits shall be filed directly with the court in person. Proposed trial and hearing exhibits shall not be filed electronically. Exhibits offered at trials or hearings that can be maintained in

an electronic format shall be converted by the court and maintained electronically for purposes of the official court record.

(f) Documents Submitted for In Camera Review. All documents submitted

for in camera review shall be conventionally filed.

Rule 8. Signatures on Filings

(a) Original Document Deemed Signed. The electronic submission of a

document by a registered filer shall be considered a signed original if:

(1) The document is electronically signed by the registered filer in either

one of the following ways:

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(A) the typed symbol /s/ followed by the typed name of the registered filer submitting the document (example: /s/ John Smith); or

(B) a graphic representation of the filer’s actual signature; and

(2) The document including the electronic signature also includes the

following information:

(A) name (in addition to name typed as part of electronic signature in

section (1));

(B) address;

(C) telephone number (if available);

(D) e-mail address;

(E) law firm (for attorneys only); and (F) NH Bar Association Identification Number (for attorneys only).

(b) When Multiple Signatures Are Required.

(1) When multiple signatures are required on documents, each person

named as a signer of the document shall either:

(A) sign in one of the ways a filer signs documents described in (a)(1)

above; or

(B) authorize the filer to sign the document on his or her behalf. The

filer shall represent having obtained approval to sign for another signer named in the document as follows:

Typed symbol /s/ followed by the typed name of the other signer, followed by, “Signed by [filer’s name] with permission of [other signer’s name.]”

Example: /s/ Jennifer Jones

Signed by John Smith with permission of Jennifer Jones.

(2) The electronic signature of each named signer shall be accompanied

by the same information required to accompany the filer’s electronic signature described above in (a)(2). However, when a document is signed with

permission of another named signer, the filer’s information shall accompany only the filer’s own signature.

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(c) Notwithstanding the above, in its discretion, the court may require a graphic representation of any filer’s actual signature.

(d) An electronic signature meeting the requirements described above in

(a)(1) and (2) shall be considered the functional equivalent to a handwritten signature produced on paper.

(e) Any party to a case may challenge the authenticity of the signature on an electronically filed document by filing an objection within ten (10) days after discovery that the signature is not authentic.

Rule 9. Signatures on Court-Issued Electronic Documents

(a) A document requiring a judge’s signature shall be deemed signed if it

bears one of the following:

(1) the typed symbol /s/ followed by the typed name of the judge

(example: /s/ John Smith); or

(2) a graphic representation of the judge’s signature.

(b) A document requiring a clerk’s signature shall be deemed signed if it

bears one of the following:

(1) the typed symbol /s/ followed by the typed name of the clerk

(example /s/ John Smith); or

(2) a graphic representation of the clerk’s signature.

Rule 10. Notarized Signatures on Filings (Notarial Acts)

(a) A notarial act associated with an electronically filed document must conform to the requirements of notarial acts and signatures provided in RSA

456-B and RSA 294-E.

(b) The signature of a person who executed an electronically filed document

and the signature of a person who performed a notarial act related to such a document must be presented by:

(1) The typed symbol /s/ followed by the typed name of the signer(s)

(example: /s/ John Smith); or

(2) The graphic representation of each signer’s actual signature.

(c) Any party to a case may challenge the authenticity of the signature

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of a person who performed a notarial act on a document filed electronically in that case by filing an objection within ten (10) days after discovery that the

signature is not authentic.

Comment

For requirements of notarial acts and signatures on electronic

documents, see, especially, RSA 456-B:7 and RSA 294-E:2, VIII, RSA 294-E:9, and RSA 294-E:11.

Rule 11. Filing Confidential Documents or Documents Containing Confidential Information.

(a) Access to Documents

(1) General Rule. Except as otherwise provided by statute or court rule, all pleadings, attachments to pleadings, exhibits submitted at hearings or trials, and other docket entries (hereinafter referred to collectively as

“documents’) shall be available for public inspection. This rule shall not apply to confidential or privileged documents submitted to the court for in camera

review as required by court rule, statute or case law. (2) Burden of Proof. The burden of proving that a document or portion of

a document should be confidential rests with the party or person seeking confidentiality.

(3) The following provisions govern a party’s obligations when

electronically filing a “confidential document” or documents containing “confidential information” as defined in this rule.

(b) Filing a Confidential Document (1) A “confidential document” means a document that is confidential in

its entirety because it contains confidential information and there is no practicable means of filing a redacted version of that document.

(2) A confidential document shall not be included in a pleading if it is neither required for filing nor material to the proceeding.

(3) If the confidential document is required or is material to the

proceeding, the party must file a motion to seal, as set forth in (d) below, and must upload and electronically file the confidential document.

(4) A party filing a confidential document shall identify the document in

the caption of the pleading so as not to jeopardize the confidentiality of the document but in sufficient detail to allow a party seeking access to the

confidential document to file a motion to unseal.

(c) Filing Documents Containing Confidential Information. (1) “Confidential Information” means:

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(A) information that is not public pursuant to state or federal statute, administrative or court rule, a prior court order placing the

information under seal, or case law; or (B) information which, if publicly disclosed, would substantially

impair: (i) the privacy interests of an individual; or (ii) the business, financial or commercial interests of an

individual or entity; or (iii)the right to a fair adjudication of the case; or

(C) information for which a party can establish a specific and

substantial interest in maintaining confidentiality that outweighs the strong presumption in favor of public access to court records.

(2) The following is a non-exhaustive list of the type of information that should ordinarily be treated as “confidential information” under this rule: (A) information that would compromise the confidentiality of juvenile

delinquency, children in need of services, or abuse/neglect,

termination of parental rights proceedings, adoption, mental health, grand jury, or other court or administrative proceedings that are not open to the public; or

(B) financial information that provides identifying account numbers on specific assets, liabilities, accounts, credit card numbers or Personal Identification Numbers (PINs) of individuals including

parties and non-parties; or (C) personal identifying information of any person, including but not

limited to social security number, date of birth (except a defendant’s date of birth in a criminal case), mother’s maiden name, a driver’s license number, a fingerprint number, the number

of other government-issued identification documents or a health insurance identification number.

(3) Filing Documents Containing Confidential Information (A) When a party files a document the party shall omit or redact

confidential information from the filing when the information is not

required to be included for filing and is not material to the proceeding. If none of the confidential information is required or material to the proceeding, the party should file only the version of

the document from which the omissions or redactions have been made. At the time the document is electronically filed, the party

must clearly indicate on the document that the document has been redacted or information has been omitted pursuant to Rule 11(c)(3)(A).

(B) It is the responsibility of the filing party to ensure that confidential information is omitted or redacted from a document before the document is filed. It is not the responsibility of the court staff to

review documents filed by a party to determine whether appropriate omissions or redactions have been made.

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(C) If confidential information is required for filing and/or is material to the proceeding and therefore must be included in the document,

the filer shall upload and electronically file the following: (i) a motion to seal as set forth in (d), below; (ii) the document with the confidential information redacted by

blocking out the text or using some other method to clearly delineate the redactions; and

(iii) an unredacted version of the document clearly marked as confidential.

(d) Motions to Seal (1) No confidential document or document containing confidential

information shall be filed under seal unless accompanied by a separate motion to seal consistent with this rule. In other words, labeling a document as “confidential” or “under seal” or requesting the court to seal a pleading in the

prayers for relief without a separate motion to seal filed pursuant to this rule will result in the document being filed as part of the public record in the case.

(2) A motion to seal a confidential document or a document containing confidential information shall state the authority for the confidentiality, i.e., the statute, case law, administrative order or court rule providing for

confidentiality, or the privacy interest or circumstance that requires confidentiality. An agreement of the parties that a document is confidential or

contains confidential information is not a sufficient basis alone to seal the record.

(3) The motion to seal shall specifically set forth the duration the party

requests that the document remain under seal. (4) Upon filing of the motion to seal with a confidential document or the

unredacted version of a document containing confidential information, the confidential document or unredacted document containing confidential information shall be kept confidential pending a ruling on the motion.

(5) The motion to seal shall itself automatically be placed under seal without separate motion in order to facilitate specific arguments about why the party is seeking to maintain the confidentiality of the document or confidential

information. (6) The court shall review the motion to seal and any objection to the

motion to seal that may have been filed and determine whether the unredacted version of the document shall be confidential. An order will be issued setting forth the court’s ruling on the motion to seal. The order shall include the

duration that the confidential document or document containing confidential information shall remain under seal.

(7) A party or person with standing may move to seal or redact confidential documents or confidential information that is contained or disclosed in the party’s own filing or the filing of any other party and may

request an immediate order to seal the document pending the court’s ruling on the motion.

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(8) If the court determines that the document is not confidential, any party or person with standing shall have 10 days from the date of the clerk’s

notice of decision to file a motion to reconsider or a motion for interlocutory appeal to the supreme court. The document shall remain under seal pending

ruling on a timely motion. The court may issue additional orders as necessary to preserve the confidentiality of a document pending a final ruling or appeal of an order to unseal.

(e) Procedure for Seeking Access to Documents or Information Contained in

Documents That Have Been Determined to be Confidential. (1) Any person who seeks access to a document or portion of a document

that has been determined to be confidential shall file a motion with the court

requesting access to the document or information in question. (2) The person filing the motion to unseal shall have the burden to

establish that notice of the motion to unseal was provided to all parties and

other persons with standing in the case. If the person filing the motion to unseal cannot provide actual notice of the motion to all interested parties and

persons, then the moving party shall demonstrate that he or she exhausted reasonable efforts to provide such notice. Failure to effect actual notice shall not alone be grounds to deny a motion to unseal where the moving party has

exhausted all reasonable efforts to provide notice. (3) The court shall examine the document in question together with the

motion to unseal any objections thereto to determine whether there is a basis for nondisclosure and, if necessary, hold a hearing thereon.

(4) An order shall be issued setting forth the court’s ruling on the motion,

which shall be made public. In the event that the court determines that the documents are confidential, the order shall include findings of fact and rulings of law that support the decision of nondisclosure.

(5) If the court determines that the document or information contained in a document is not confidential, the court shall not make the document or

information contained in a document public for 10 days from the date of the clerk’s notice of the decision in order to give any party or person with standing aggrieved by the decision time to file a motion to reconsider or appeal to the

supreme court.

(f) Sanctions for Disclosure of Confidential Information.

If a party knowingly publicly files documents that contain or disclose

confidential information in violation of these rules, the court may, upon its own motion or that of any other party or affected person, impose sanctions against

the filing party.

Comment

These provisions are intended to ensure that confidential documents and

confidential information contained within documents are accessible, upon

19

filing, only to the court and its staff, to the parties and their attorneys or the parties’ authorized representatives, and to others authorized to perform service

of process. Any person or entity not otherwise entitled to access may file a motion or petition to gain access to any sealed or confidential court record.

See, e.g., Associated Press v. State of N.H., 153 N.H. 120 (2005); Petition of Keene Sentinel, 136 N.H. 121 (1992); see also District Division Rule 1.26; Family Division Rule 1.30; Probate Division Rule 169-A; Superior Court Rule

(Civil) 203; Superior Court Rule (Criminal) 169-A.

III. Service of Documents

Rule 12. Formal Service of Process

(a) Proof of Formal Service of Process. Documents that require personal service or other formal service of process to confer jurisdiction over a party as a matter of law shall not be served electronically. Whenever a party is required

by statute, court rule or court order to file proof of formal service of process, the proof of service document shall be scanned and filed electronically in

accordance with the provisions of Rule 7(d) concerning “Original Documents and Other Paper Documents That Were Not Prepared for Electronic Filing.”

(b) Attestation/Certification of Documents. A document shall be considered properly attested or certified for purposes of service of process or other purpose

when:

(1) The document, with statutory attestation language and bearing an

electronic certification stamp approved by the Supreme Court as meeting the requirements for attestation, is electronically transmitted directly from the Superior Court Electronic Filing Center to the filer; or

(2) In limited circumstances as directed by the court, the original paper

document is issued by the clerk/deputy clerk bearing the statutory attestation. Rule 13. Electronic Service of Documents

(a) “Electronic service” satisfies the requirement that a party provide to

all other counsel, or to the opposing party if self-represented, copies of all pleadings filed and communications addressed to the court. See Rules of the Superior Court of the State of New Hampshire Rule 3.

(b) Acceptance of Electronic Service by Registered Filers; Non-Electronic

Service Required to Other Parties.

(1) Registration as a filer shall constitute consent to acceptance of

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electronic service of court documents and documents filed by other registered filers in the case. Except as otherwise authorized by these rules, no other form

of delivery to a registered filer shall be permitted. When a filer submits a document to the court through the electronic filing system, and one or more

other parties to the case or their representatives have registered as filers, the filing party shall cause electronic service through the filing system to be made on each other registered filer by so designating at the time of the filing party’s

submission.

(2) A party who has been granted an exception from the mandate of

electronic filing shall be provided with paper copies of all court documents and documents filed by other parties in the case. A party who has been granted an

exception from the mandate of electronic filing shall provide paper copies of all of his or her filings to the other parties in the case. It shall be the responsibility of the party filing a document to provide a paper copy of the filing

to all other parties in accordance with this provision. Provision of paper copies shall continue until the party is no longer excepted from the mandate of

electronic filing.

(3) A party who has not yet registered as a filer shall be provided with

paper copies of all court documents and documents filed by other parties in the case. A party who has not yet registered as a filer, and who has requested an exception from the mandate of electronic filing, shall provide paper copies of all

of his or her filings to the other parties in the case. It shall be the responsibility of the party filing a document to provide a paper copy of the filing

to all other parties in accordance with this provision. Provision of paper copies shall continue until the non-registered party registers.

(c) Closed Cases. When a case has been closed, all service shall be accomplished as in all other actions at law or as dictated by statute or rule,

until the case has been reopened in the electronic filing system. See Rule 12.

(d) Certificate of Service. A filing party shall state in every document,

whether filed electronically or conventionally, that a copy of the document is being timely provided to all other parties in the case. The document shall

identify the name of each party receiving a copy of the document through the electronic filing system and the name of each party receiving a paper copy of the document.

(e) Court-Issued Documents. The electronic filing system will electronically

serve any court-issued document to all registered filers entitled to electronic service. Electronic service by the court, through a notification to a registered filer, constitutes service or notice of the document. The clerk shall mail or

otherwise conventionally deliver paper copies of court-issued documents to each party who has been granted an exception from the mandate of electronic

filing or who has not yet registered as a filer.

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(f) No Contact Orders. Absent a court order to the contrary, a party subject

to a no contact order may use electronic service to provide copies of all pleadings filed and communications addressed to the court to the opposing

party.

(IV) Miscellaneous

Rule 14. Certified or Attested Court Documents When a statute, court rule or administrative order requires a document

to be certified or attested to by means of a court seal or otherwise, such a document shall be considered properly attested to or certified when:

(a) The document, with statutory attestation language and bearing an electronic certification stamp approved by the Supreme Court as meeting the

requirements for attestation, is electronically transmitted directly from the Superior Court E-Filing Center to the Registered Filer or any other person or entity as directed by the court; or

(b) In limited circumstances as directed by the court, the original paper

document is issued by the clerk/deputy clerk bearing the physical seal of the court or other evidence of attestation.

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APPENDIX B

Amend Rule 3 of the Rules of the Superior Court of the State of New

Hampshire Applicable in Civil Actions as follows (new material is in [bold and

in brackets]; deleted material is in strikethrough format):

Rule 3. Filing and Service

(a) Copies of all pleadings filed and communications addressed to the court

shall be furnished forthwith to all other counsel and any self-represented party. All such pleadings and communications shall contain a statement of compliance herewith.

(b) In any case when all parties are represented by lawyers [and the case is

not electronically filed], all parties' counsel may agree that pleadings filed and communications addressed to the court may be furnished to all other counsel by email. An agreement may be filed with the court by stipulation.

Such agreement shall list the email address(es) at which counsel agrees to be served. The email header shall include the caption of the case and its docket number. Pleadings and communications furnished in accordance with this rule

shall be attached to the email in .PDF file format. Documents so furnished may have on their signature lines a copy of counsel's signature, a facsimile thereof,

“/s/ [counsel's name]” as used in the federal ECF system, or similar notation indicating the document was signed.[shall be considered signed if the signature use complies with the Supplemental Rules of the Superior Court

of New Hampshire for Electronic Filing.] (c) When an attorney has filed a limited appearance under Rule 17(c) on

behalf of an opposing party, copies of pleadings filed and communications addressed to the court shall be furnished both to the opposing party who is

receiving the limited representation and to the limited representation attorney. After the limited representation attorney files that attorney’s “withdrawal of limited appearance” form, as provided in Rule 17(f), no further

service need be made upon that attorney.

(d) A no contact order in a domestic violence, stalking, or similar matter shall not be deemed to prevent either party from filing appearances, motions, objections and other appropriate filings through the court. At the request of

the filing party, the court shall forward a copy of the document to the party or counsel on the other side of the case. Furthermore, the no contact provisions shall not be deemed to prevent contact between counsel, when both parties are

represented.

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APPENDIX C

Amend Rule 12(e) of the Rules of the Superior Court of the State of New


in brackets]):

(e) Motions to Reconsider. A party intending to file a Motion for

Reconsideration or to request other post-decision relief shall do so within 10 days of the date on the written Notice of the order or decision, which shall be

mailed [or electronically delivered] by the clerk on the date of the Notice. The Motion shall state, with particular clarity, points of law or fact that the court has overlooked or misapprehended and shall contain such argument in

support of the Motion as the movant desires to present; but the motion shall not exceed 10 pages. To preserve issues for an appeal to the Supreme Court,

an appellant must have given the court the opportunity to consider such issues; thus, to the extent that the court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors

concerning those matters in a motion under this rule to preserve such issues for appeal. A hearing on the motion shall not be permitted except by order of the court.

(1) No Answer or Objection to a Motion for Reconsideration or other post-decision relief shall be required unless ordered by the court.

(2) If a Motion for Reconsideration or other post-decision relief is granted, the court may revise its order or take other appropriate action without

rehearing or may schedule a further hearing.

(3) The filing of a motion for reconsideration or other post-decision relief shall not stay any order of the court unless, upon specific written request, the

court has ordered such a stay.

Commentary: The third sentence of the first paragraph derives from N.H. Dep’t of Corrections v. Butland, 147 N.H. 676, 679 (2002), and is not intended to preclude a party from raising an issue on appeal under the plain error rule set

forth in Supreme Court Rule 16-A.

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APPENDIX D


Hampshire Applicable in Civil Actions as follows (new material is in [bold and in

brackets]):

Rule 39. Settlements

(a) Whenever an attorney, non-attorney representative or self-represented party states orally or in writing to the court that a particular case has been settled and that

agreements will be filed, the court shall forthwith notify by mail [or through electronic delivery] the parties of record or their representatives of such statement, and, if the agreements and/or docket markings are not filed within thirty days after

the [date of] mailing [or electronic delivery] of such notice, the court shall take such action as justice may require.

(b) In order that the court may seasonably make up and complete the court’s

record, the parties shall seasonably file all papers and documents necessary to make

up and enter the judgment and to complete the record of the case and no execution shall issue, or final order or decree be entered, until such papers are filed.

25

APPENDIX E




Rule 42. Default

(a) When a party against whom a Complaint or other pleading (see Rule 6) requiring a response has been filed fails to timely Answer or otherwise defend, the

party shall be defaulted. No such default shall be stricken off, except by agreement, or by order of the court upon such terms as justice may require. The court shall strike the default only upon motion and affidavit of defense, specifically setting forth

the defense and the facts on which the defense is based.

(b) Final default may be entered by the court, sua sponte, where appropriate, or by motion of a party, a copy of which shall be sent to all parties defaulted or otherwise.

(c) In all cases in which final default is entered, whether due to failure to file an

Answer or otherwise, the case shall be marked “final default entered, continued for entry of judgment or decree upon compliance with Rule 42.” A copy of the court’s order and any subsequent orders shall be mailed [or electronically delivered] to all

parties, defaulted or otherwise. (d) The non-defaulting party may then request entry of final judgment or decree,

by filing a motion, together with an affidavit of damages or, in cases where equitable relief is requested, a proposed decree. Where the default is based on a failure to file

an Answer, the motion shall include an affidavit as to military service [a military service statement]. The moving party shall certify to the court that a copy of all pleadings has been mailed to the defaulting party and shall include a notice that

entry of final judgment or decree is being sought. Any party may request a hearing as to final judgment or decree. All notices under this rule shall be sufficient if mailed to the last known address of the defaulting party.

(e) A hearing as to final judgment or decree shall be scheduled upon the request

of any party. Otherwise, the court may enter final judgment or decree based on the pleadings submitted or exercise its discretion to hold a hearing depending on the circumstances of the default, the sufficiency of the pleadings and the nature of the

damages sought or relief requested.

(f) If the court schedules a hearing, all parties, defaulted or otherwise, shall receive notice and an opportunity to be heard.

26

APPENDIX F



in brackets]):

Rule 47. Attachments

(a) Attachments with Notice. The following procedure is to be used where the plaintiff requests that the court authorize an attachment of the defendant’s property,

using the method requiring notice to the defendant and an opportunity for the defendant to be heard before the court renders its decision.

1. The Motion to Attach shall be executed under oath, and accompanied by the Notice to defendant as well as a copy of the Order form.

2. The Motion to Attach shall be fastened to the Complaint[, unless the case

is electronically filed].

3. Copies of the Complaint and Summons are then to be given to the sheriff or

his or her deputy for service on the defendant; immediately after such service, that Complaint, together with the sheriff’s Return of Service, is to be entered with the court.

4. If the Motion to Attach is granted, the plaintiff’s attorney, non-attorney

representative or self-represented plaintiff is authorized to fill out a Writ of

Attachment in accordance with the Order granting the motion. If permission is granted to make a real estate attachment, the attachment Writ together with the

court’s Order thereon may be served on the Registry of Deeds by the sheriff, or his or her deputy, the plaintiff, his or her attorney or any other person to effect the real estate attachment. To effect all other attachments, the Attachment Writ together with

the court’s Order thereon must be served by the sheriff, or his or her deputy. The Return of Service is to be filed with the court immediately on completion of the attachment. No additional service upon the defendant is required to perfect an

attachment, provided that a Notice of Intent has been served upon the defendant as provided in RSA 511-A:2.

(b) Attachments without Notice (Ex Parte). The following procedure is to be used

where the plaintiff requests permission to attach using the method that does not require notice to the defendant prior to the attachment:

1. The Motion for Attachment shall be executed under oath, and accompanied with the Notice to defendant and Order form;

27

2. The motion, and copies, are to be filed in court, and an entry fee paid;

3. If the motion is denied, the plaintiff may move for attachment under the provisions of RSA 511-A:3.

4. If the motion is granted, the plaintiff or his or her representative is

authorized to prepare a Writ of Attachment in accordance with the Order granting the

request. 5. A certified copy of the Motion, the Notice to the defendant, and the court’s

order thereon shall be fastened to the face of the Writ of Attachment.

6. The Writ of Attachment, Complaint, and Summons, together with copies, shall be delivered to the sheriff with directions to serve them within the time directed by the court’s order. In those cases where permission is granted to make a real estate

attachment, the Attachment Writ together with the court’s Order thereon may be served on the Registry of Deeds by the sheriff, or his or her deputy, the plaintiff, his

or her attorney or any other person to effect the real estate attachment before the Writs of Attachment and Summons, together with copies, are delivered to the sheriff. The Returns of Service are to be filed immediately after service has been completed.

28

APPENDIX G




Rule 201. Fees.

(I) The appropriate fee must accompany all filings. All fees shall be consolidated into a single payment, when possible.

(II) 18.22% of the entry fee paid in each petition and cross-petition in marital

cases ($41.00) shall be deposited into the mediation and arbitration fund to be used

to pay for mediation where both parties are indigent.

(III) [(II)] Fees

(A) Original Entries:

(1) Original Entry of any Action at Law or Equity except a petition for writ of habeas corpus;

Original Entry of all Marital Matters, including Order of Notice and Guardian ad Litem Fee; Transfer;

the filing of a foreign judgment pursuant to RSA 524-A; or any Special Writ $ 225.00

(2) Original Entry of a petition [Complaint] for writ of habeas corpus $ 0 (no fee)

(3) Counterclaim on Civil or Equity Matter (including set-off, recoupment, cross-claims and

third-party claims) $ 225.00 (4) Cross-Petition for Divorce $ 225.00

(5) [(4)] Motion to Bring Forward Civil/Equity

(post judgment) $ 125.00 (6) Motion to Bring Forward a Domestic matter

with stipulation $ 100.00 (7) Motion to Bring Forward a Domestic matter

without stipulation $ 225.00

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(8) [(5)] Wage Claim Decision $ 65.00

(9) Marriage Waiver $ 75.00

[(6) Transfer of Civil Writ of Summons from Circuit Court $ 85.00]

(B) General and Miscellaneous

(1) Motion for Periodic Payments $ 25.00

(2) Petition to Annul Criminal Record $ 125.00

(3) Original Writ (form [Writ of Attachment]) $ 1.00

(4) Writ of Execution $ 40.00

(5) Petition [Motion] for Ex Parte Attachment, Ex Parte Petition [Motion] for Writ of Trustee Process $ 40.00

(6) Reissued Orders of Notice [Summons] $ 25.00 (7) Application to Appear Pro Hac Vice $ 250.00

(C) Certificates and Copies

(1) Certificates and Certified Copies $ 10.00

(2) Divorce Certificate (VSR) only $ 10.00 (3) Divorce Certificate, Certified Copy

of Decree and if applicable, Stipulation, QDRO, USO, and other Decree-related

Documents $ 40.00 (4)[(2)] All Copied Material $ .50/page

(5) [(3)] Certificate of Judgment $ 10.00

(6) [(4)] Exemplification of Judgment $ 40.00

[(5) Copy of Audio recording (cost tape/CD) Per day of hearing $ 25.00

(6) Juror Questionnaires $50.00

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Record Search Fees: A fee of up to $20 per name will be assessed for up to 5 names. Additional names will be assessed $5 per name.]

(IV) [(III)] Surcharges and Additional Fees

(A) On the commencement of any proceeding involving the determination of

parental rights and responsibilities for which a fee is required, including petitions

and cross-petitions for divorce with minor children, an additional fee of $2.00 shall be paid by the petitioner or cross-petitioner.

(B)[(A)] Pursuant to RSA 490:26-a, II, the sum of $25.00 shall be added to each civil filing fee set forth in paragraphs (III)[(II)](A)(1), (III)[(II)](A)(3),(III)[(II)](A)(4),

[and] (III)[(II)](A)(5) (III)(A)(6), (III)(A)(7), (III)(A)(8), and (III)(A)(9) above, except for [landlord/tenant actions under RSA 540, RSA 540-A, RSA 540-B, and RSA 540-C] the following types of cases which pursuant to RSA 490:26-a, II(b) are exempt from

the surcharge[.]:

(1) Actions relating to children under RSA 169-B, RSA 169-C, and RSA 169-D.

(2) Domestic violence actions under RSA 173-B. (3) Small claims actions under RSA 503.

(4) Landlord/tenant actions under RSA 540, RSA 540-A, RSA 540-B, and

RSA 540-C. (5) Stalking actions under RSA 633:3-a.

(C)[(B)] Pursuant to RSA 490-E:4, I(c), the sum of $10.00 shall be added to

each civil filing fee set forth in paragraph III[(II)](A) above and shall be deposited into

the mediation and arbitration fund established under RSA 490-E:4.

(V)[(IV)] Records Research Fees:

(A) Record information must be requested in writing and include the

individual's full name and, if available, the individual's date of birth. A fee of $20 per name will be assessed for up to 5 names. Additional names will be assessed $5 per

name. (B) The Clerk may waive the records research fee when a request for record

information is made by a member of the media consistent with the public's right to access court records under the New Hampshire Constitution.

[(V)] Electronic Case Filing Surcharge $20

31

Note: The electronic case filing surcharge is not an entry fee subject to the escrow fund for court facility improvements or the judicial branch

information technology fund. All revenue from the electronic case filing surcharge shall be deposited into the general fund to partly offset capital

fund expenditures for the NH e-Court Project.

32

APPENDIX H

Amend Circuit Court Electronic Filing Rule 7 as follows (new material is

in [bold and in brackets]; deleted material is in strikethrough format):

Rule 7. Document and Other Item Submission

(a) Methods of Submitting Documents for Electronic Filing. A filer may

select one of the following methods to submit a document for filing through the electronic filing system, unless the type of document requires that it be

submitted in only one of the following ways:

(1) System-generated document. The filer completes a guided

interview, questionnaire or prompts through the electronic filing system, and the system then generates a document for filing based on the responses and

information provided by the filer.

(2) Court-created form. The filer completes a court-created form and

uploads the completed document to the electronic filing system.

(3) Party-created document. The filer creates a document for filing and uploads the completed document to the electronic filing system.

(4) Exhibits and attachments to a system-generated document, or

to a completed court-created form, or to a party-created document. If the exhibit

or attachment is a document newly prepared for filing, the filer prepares and submits the document using methods (1), (2), or (3), as applicable. If the

exhibit or attachment is a preexisting document not newly prepared for filing, the filer scans and uploads the document to the electronic filing system.

(b) Format of Documents Filed Electronically

(1) All documents must be in Portable Document (PDF) non-editable format;

(2) Hyperlinks and other electronic navigational aids may be included in an electronically filed document as an aid to the court. Each hyperlink must

contain a text reference to the target of the link. Although hyperlinks may be included in a document as an aid to the court, the material referred to by the hyperlinks is not considered part of the official record or filing unless already

part of the record in the case. Hyperlinks may be used to provide an electronic link to other portions of the same document or other portions of the court file.

33

Hyperlinks to cited authority may not replace standard citation format for constitutional citations, statutes, cases, rules or other similarly cited materials.

(c) Format of Documents Filed Conventionally. If a paper document is

conventionally submitted to the court for filing, scanning and entry into the court’s electronic case file, the document must be printed on one side, must be logically organized, and must be delivered to the court with no tabs, staples or

permanent clips.

(d) Original Documents and Other Paper Documents That Were Not Prepared for Electronic Filing

(1) When a statute, court rule, or other law requires the filing of an original, as opposed to a duplicate copy, of a will, a negotiable instrument or

other document (see, e.g., Rule 1001 et seq. of the New Hampshire Rules of Evidence), the filer shall scan the original document and file the scanned document through the electronic filing system. The filer’s submission of the

scanned document shall be deemed a certification by the filer that the document scanned and filed is the original. The filer shall retain the original

document for a period of no less than two years or until the conclusion of the case (including any applicable appeal period), whichever is later. Upon the order of the court, the filer shall immediately deliver the original document to

the court or any other party for inspection.

(2) For any other preexisting paper document, including a document

containing a non-electronic signature (e.g., an affidavit from a prior proceeding, an offer letter, or a written cost estimate), the filer must scan the document

before it is filed electronically. The filer’s submission of the scanned document shall be deemed a certification by the filer that the document scanned is the original or a duplicate copy.

(e) Attachments to Filings and Exhibits

(1) An attachment or exhibit that exceeds the technical standards for the

electronic filing system or is unable to be electronically filed must be filed with the court on CD or DVD only. When an attachment or exhibit is filed on approved media, a notice of exhibit attachment shall be filed through the


(2) Attachments and exhibits that cannot reasonably be filed in an

electronically converted or scanned PDF format, such as bulky attachments, physical exhibits, and demonstrative evidence, shall be conventionally filed.

(3) Attachments and exhibits that are in electronic format must meet

the requirements specified in the Electronic Filing User Guide.

34

(4) [Unless otherwise ordered by the court,] P[p]roposed trial exhibits

may be, but are not required to be, [shall not be] submitted electronically. However, if directed by the court to do so, and by the deadline set by the court,

parties shall submit proposed exhibits electronically prior to the trial or hearing in which the party intends to offer the exhibits for admission. To the extent that any proposed exhibit is confidential as defined in Rule 11(c), the filing

party shall follow the procedures set forth in Rule 11. To the extent that any proposed exhibit contains confidential information, as defined in Rule 12(c), the filing party shall follow the procedures set forth in Rule 12(f).

(5) Proposed trial exhibits shall be available only to the parties to

the case and their counsel; however, once offered into evidence, exhibits are subject to public inspection, unless otherwise excluded from public inspection by statute, court rule or court order. Exhibits offered at trials or hearings that

can be maintained in an electronic format shall be maintained electronically for purposes of the official court record.

(f) Documents Submitted for In Camera Review. All documents submitted

for in camera review shall be conventionally filed.

35

APPENDIX I

Adopt a comment to follow New Hampshire Rule of Professional Conduct

6.5 as follows (new material is in [bold and in brackets]):

Rule 6.5. Nonprofit and Court-Annexed Limited Legal Service Programs

(a) A lawyer who, under the auspices of a program sponsored by the New

Hampshire Bar Association, a nonprofit organization or court, provides one-time consultation with a client without expectation by either the lawyer or the

client that the lawyer will provide continuing representation in the matter:

(1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the

representation of the client involves a conflict of interest; and

(2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.

(b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a

representation governed by this Rule.

(c) Rules 1.6 and 1.9(c) are applicable to a representation governed by this

Rule.

[New Hampshire Supreme Court Comment

For purposes of participation by New Hampshire lawyers in the ABA

Free Legal Answers website (to increase access to advice and information

to clients who cannot afford an attorney), “one time consultation with a client” will include reasonably contemporaneous communication with a

client, such as through an email exchange, online chat session, or other online messaging service, directly related to the matter initially discussed.]

Ethics Committee Comment

1. New Hampshire’s version differs from the Model Rule as follows:

a. Application of this Rule in (a) is limited to a “one time consultation

with a client” instead of the ABA’s version “short-term limited legal services to a

client”.

36

b. Section (c) is added.

2. The change in (a) is intended to give the attorney some clarity as to the scope of this Rule. This Rule relaxes certain of the normal conflicts limitations

to allow this important pro bono service; this Rule applies only under circumstances where it is not reasonably possible for the attorney to otherwise comply with normal conflict of interest records checks procedures. Therefore,

the situation where an attorney provides repeated services for the same client, and not a “one time consultation”, would not permit any deviation from the normal conflicts rules.

3. The addition of Section (c) is intended simply to emphasize the attorney's

continuing responsibility to maintain confidences under Rule 1.6, and the attorney's duties to a former client under Rule 1.9(c). This inclusion raises this language, already contained in ABA Comment [2], to Rule status.

4. The value of the services rendered to the public in this pro bono context

is important enough to justify carving out a special exception to the normal conflicts rules applicable in general client representation. In this special context, not even the protective “screening” rules, such as those adopted in

1.11(b), were employed.

5. Should a lawyer participating in a one-time consultation under this Rule

later discover that the lawyer's firm was representing or later undertook the representation of an adverse client, the prior participation of the attorney will

not preclude the lawyer's firm from continuing or undertaking representation of such adverse client. But the participating lawyer will be disqualified and must be screened from any involvement with the firm's adverse client. See ABA

Comment [4].

2004 ABA Model Rule Comment

RULE 6.5 NONPROFIT AND COURT-ANNEXED LIMITED LEGAL SERVICES

PROGRAMS

[1] Legal services organizations, courts and various nonprofit organizations

have established programs through which lawyers provide short-term limited legal services — such as advice or the completion of legal forms - that will

assist persons to address their legal problems without further representation by a lawyer. In these programs, such as legal-advice hotlines, advice-only clinics or pro se counseling programs, a client-lawyer relationship is

established, but there is no expectation that the lawyer's representation of the client will continue beyond the limited consultation. Such programs are

normally operated under circumstances in which it is not feasible for a lawyer to systematically screen for conflicts of interest as is generally required before undertaking a representation. See, e.g., Rules 1.7, 1.9 and 1.10.

37

[2] A lawyer who provides short-term limited legal services pursuant to this

Rule must secure the client's informed consent to the limited scope of the representation. See Rule 1.2(c). If a short-term limited representation would

not be reasonable under the circumstances, the lawyer may offer advice to the client but must also advise the client of the need for further assistance of counsel. Except as provided in this Rule, the Rules of Professional Conduct,

including Rules 1.6 and 1.9(c), are applicable to the limited representation.

[3] Because a lawyer who is representing a client in the circumstances

addressed by this Rule ordinarily is not able to check systematically for conflicts of interest, paragraph (a) requires compliance with Rules 1.7 or 1.9(a)

only if the lawyer knows that the representation presents a conflict of interest for the lawyer, and with Rule 1.10 only if the lawyer knows that another lawyer in the lawyer's firm is disqualified by Rules 1.7 or 1.9(a) in the matter.

[4] Because the limited nature of the services significantly reduces the risk

of conflicts of interest with other matters being handled by the lawyer's firm, paragraph (b) provides that Rule 1.10 is inapplicable to a representation governed by this Rule except as provided by paragraph (a)(2). Paragraph (a)(2)

requires the participating lawyer to comply with Rule 1.10 when the lawyer knows that the lawyer's firm is disqualified by Rules 1.7 or 1.9(a). By virtue of paragraph (b), however, a lawyer's participation in a short-term limited legal

services program will not preclude the lawyer's firm from undertaking or continuing the representation of a client with interests adverse to a client being

represented under the program's auspices. Nor will the personal disqualification of a lawyer participating in the program be imputed to other lawyers participating in the program.

[5] If, after commencing a short-term limited representation in accordance

with this Rule, a lawyer undertakes to represent the client in the matter on an

ongoing basis, Rules 1.7, 1.9(a) and 1.10 become applicable.

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APPENDIX J

Amend New Hampshire Supreme Court Rule 42, XI, as follows (new

material is in [bold and in brackets]; deleted material is in strikethrough

format):

XI. Admission by Motion Without Examination

(a) Applicant from Reciprocal Jurisdiction.

(1) An applicant who meets the Eligibility Requirements set forth in Rule 42(IV)(a), (V), and (VI), and the following additional requirements may, upon motion to the board, be admitted to the bar without examination. The

applicant shall:

(A) have been admitted by bar examination to practice law in another state, territory, or the District of Columbia; and

(B) have been primarily engaged in the active practice of law in one or more states, territories, or the District of Columbia for five of the seven years immediately preceding the date upon which the motion is filed; and

(C) have either:

i. taken and passed the bar examination in a reciprocal

jurisdiction, provided that the applicant is currently a member in good

standing of said jurisdiction and authorized to practice law therein; or ii. been primarily engaged in the active practice of law, for five of

the seven years immediately preceding the date upon which the motion is filed, in reciprocal jurisdictions, provided that the applicant was a member in good

standing of said jurisdictions and authorized to practice law therein throughout the aforesaid five-year period and is currently a member in good standing of said jurisdictions and authorized to practice law therein; and

(D) establish that the applicant is currently a member in good

standing in all jurisdictions where admitted; and (E) establish that the applicant is not currently subject to lawyer

discipline or the subject of a pending disciplinary matter in any jurisdiction; and

(F) designate the clerk of the New Hampshire Supreme Court as agent for service of process; and

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(G) file with the board the required motion form, a completed petition

and questionnaire for admission, and supporting documents, accompanied by the motion fee.

(2) For purposes of this rule, “reciprocal jurisdiction” is defined as

another state, territory, or the District of Columbia that allows admission

without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule.

(b) Vermont Applicant. An applicant who is licensed to practice law in Vermont may, upon motion, be admitted to the bar without examination,

provided that the State of Vermont allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule. Such an applicant shall meet the

Eligibility Requirements set forth in Rule 42(IV)(a), (V)(a), and (VI), and the following additional requirements. The applicant shall:

(1) be licensed to practice law in the State of Vermont and be an active

member of the Vermont bar; and

(2) have been primarily engaged in the active practice of law in Vermont

for no less than three years immediately preceding the date upon which the

motion is filed; and

(3) establish that the applicant is currently a member in good standing in all jurisdictions where admitted; and

(4) establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction; and

(5) have completed at least [900 minutes] fifteen hours of continuing

legal education on New Hampshire practice and procedure in courses approved by the NHMCLE Board within one year immediately preceding the date upon which the motion is filed and be certified by the NHMCLE Board as satisfying

this requirement; and

(6) designate the clerk of the New Hampshire Supreme Court as agent for service of process; and

(7) file with the board the required motion form, a completed petition and questionnaire for admission, and supporting documents, accompanied by the motion fee.

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(c) Maine Applicant. An applicant who is licensed to practice law in Maine may, upon motion, be admitted to the bar without examination, provided that

the State of Maine allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those

set forth in this rule. Such an applicant shall meet the Eligibility Requirements set forth in Rule 42(IV)(a), (V), and (VI), and the following additional requirements. The applicant shall:

(1) be licensed to practice law in the State of Maine and be an active

member of the Maine bar;

(2) have been primarily engaged in the active practice of law in Maine for

no less than three years immediately preceding the date upon which the motion is filed;

(3) establish that the applicant is currently a member in good standing in all jurisdictions where admitted;

(4) establish that the applicant is not currently subject to lawyer

discipline or the subject of a pending disciplinary matter in any jurisdiction;

(5) have completed at least [900 minutes] fifteen hours of continuing

legal education on New Hampshire practice and procedure in courses approved

by the NHMCLE Board within one year immediately preceding the date upon which the motion is filed and be certified by the NHMCLE Board as satisfying

this requirement; and (6) designate the clerk of the New Hampshire Supreme Court as agent

for service of process; and (7) file with the board the required motion form, a completed petition

and questionnaire for admission, and supporting documents, accompanied by the motion fee.

(8) Nothing in Rule 42(X)(c) shall preclude an attorney who is licensed to

practice law in the State of Maine from applying under Rule 42(XI)(a) if the

applicant meets the requirements of that section.

(d) For the purposes of this rule, the "active practice of law" shall include the following activities:

(1) Representation of one or more clients in the private practice of law; (2) Service as a lawyer with a local, state, or federal agency, including

military service;

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(3) Teaching law at a law school approved by the American Bar Association;

(4) Service as a judge in a federal, state, or local court of record;

(5) Service as a judicial law clerk; or

(6) Service as corporate counsel.

(e) For the purposes of this rule, the "active practice of law" shall not

include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the

clients receiving the unauthorized services were located. For the purposes of this rule, an applicant's service as corporate counsel shall not constitute the unauthorized practice of law in New Hampshire provided that the applicant

submits an affidavit certifying that:

(1) while serving as counsel, the applicant performed legal services solely for a corporation, association or other business entity, including its subsidiaries and affiliates; and

(2) while serving as counsel, the applicant received his or her entire

compensation from said corporation, association or business entity; and

(3) said corporation, association or business entity is not engaged in the

practice of law or provision of legal services.

(f) An applicant who has failed the New Hampshire bar examination within

five years of the date of filing a motion for admission without examination shall not be eligible for admission by motion. An applicant who is not permitted to retake the New Hampshire bar examination pursuant to Rule 42(VIII)(c) shall

not be eligible for admission by motion. An applicant who has resigned from the New Hampshire bar shall not be eligible for admission by motion, but may

be eligible for readmission upon compliance with the requirements of Rule 37(15).

(g) The motion fee paid by an applicant under Rule 42(XI) shall be nonrefundable, provided, however, that if a motion for admission pursuant to

Rule 42(XI) is denied prior to the commencement of the character and fitness investigation by the committee, then a portion of the fee may be refunded to the applicant, in the discretion of the board.

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APPENDIX K

Amend New Hampshire Supreme Court Rule 49, as follows (new material

is in [bold and in brackets]; deleted material is in strikethrough format):

(I) Fees

(A) Entry of Appeal or Cross-Appeal $225.00

(B) Petition for Original Jurisdiction (1) Original petition for writ of habeas corpus $0 (No fee)

(2) All other petitions for original jurisdiction $225.00

(C) (1) Certification of Record to Federal Courts $100.00

(2) Other Certifications and Certified Copies $10.00 plus $.50/page

(D) Certificate of Admission $10.00 (E) Application to Appear Pro Hac Vice $250.00

(F) Petition for Reinstatement after Administrative Suspension or

Disciplinary Suspension of longer than six months $250.00

[(G) Petition for Reinstatement after Disciplinary

Suspension of longer than six months $250.00] (II) Surcharge

Pursuant to RSA 490:26-a, II, the sum of $25.00 shall be added to each

civil filing fee set forth in paragraphs (I)(A) and (I)(B)(2) above, except for the

following types of cases which pursuant to RSA 490:26-a, II(b) are exempt from the surcharge:

(A) Actions relating to children under RSA 169-B, RSA 169-C, and RSA 169-D.

(B) Domestic violence actions under RSA 173-B.

(C) Small claims actions under RSA 503. (D) Landlord/tenant actions under RSA 540, RSA 540-A, RSA 540-B, and

RSA 540-C. (E) Stalking actions under RSA 633:3-a.

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APPENDIX L

Amend New Hampshire Rule of Criminal Procedure 15(b) by deleting

subsection (5) (deletions are in strikethrough), as follows:

(b) Superior Court

(1) Pretrial Motions. The deadline for filing all pretrial motions other than

discovery related motions, including but not limited to motions for joinder or severance of offenses, motions to dismiss, motions to suppress evidence, Daubert motions, and other motions relating to the admissibility of evidence

that would require a substantial pretrial hearing, shall be sixty days after entry of a plea of not guilty or fifteen days after the dispositional conference,

whichever is later.

(2) Motions to Suppress. Except for good cause shown, motions to suppress

shall be heard in advance of trial. If a hearing is held in advance of trial, neither the prosecution nor the defendant shall be entitled to a further hearing

by the court on the same issue at the trial. If the evidence is found to be admissible in advance of trial, it will be admitted at the trial without further hearing as to its admissibility. If the evidence is found to be inadmissible on

behalf of the prosecution, the prosecution shall not refer to such evidence at any time in the presence of the jury, unless otherwise ordered by the court. Objections to the court's ruling in advance of trial admitting the evidence shall

be transferred on appeal after trial and not in advance of trial except in the discretion of the court in exceptional circumstances. Every motion to suppress

evidence:

(A) shall be filed in accordance with section (b)(1) of this rule;

(B) shall be in writing and specifically set forth all the facts and grounds

in separate numbered paragraphs upon which the motion is based; and (C) shall be signed by the defendant or counsel and verified by a separate

affidavit of the defendant or such other person having knowledge of the facts upon which the affidavit is based. Upon request of any party, the court shall make sufficient findings and rulings to permit meaningful appellate review.

(3) Motions in Limine. The parties shall file all motions in limine no less than

five calendar days prior to the final pretrial conference. For purposes of this paragraph, a motion which seeks to exclude the introduction of evidence on the ground that the manner in which such evidence was obtained was in violation

of the constitution or laws of this state or any other jurisdiction shall be treated as a motion to suppress and not a motion in limine.

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(4) Motions to Continue

(A) Except in exceptional circumstances, all requests for continuances or postponements by the defendant in a criminal case shall be in writing signed

by the defendant and counsel. The request shall include an express waiver of the defendant's right to a speedy trial as it relates to the motion.

(B) A court may rule on a contested motion to continue without a hearing provided that both parties have had an opportunity to inform the court of their

respective positions on the motion. (C) The court shall rule on assented-to motions to continue expeditiously.

Notwithstanding the agreement of the parties, the court shall exercise its sound discretion in ruling on such motions.

(D) Where a trial has been scheduled in one case prior to the scheduling of another matter in another court where an attorney or party has a conflict in

date and time, the case first scheduled shall not be subject to a continuance because of the subsequently scheduled matter which is in conflict as to time and date except as follows:

(i) A subsequently scheduled case involving trial by jury in a superior

or federal district court, or argument before the Supreme Court. (ii) The court finds the subsequently scheduled case should take

precedence due to the rights of a victim under RSA 632-A:9. (iii) The court finds that the subsequently scheduled case should take

precedence due to a defendant’s rights to speedy trial or other constitutional rights.

(iv) Unusual circumstances causing the respective courts to agree that

an order of precedence other than the above shall take place.

(E) Other grounds for continuance may be illness of a defendant, defense

attorney, or prosecutor; want of material testimony, documents, or other

essential evidence; unavoidable absence of an essential witness; and such other exceptional grounds as the court may deem to be in the interest of

justice.

(5) Requirements Relating to Motions. The court will not hear any motion

grounded upon facts, unless they are verified by affidavit, or are apparent from the record or from the papers on file in the case, or are agreed to and stated in

writing signed by the parties or their attorneys; and the same rule will be applied as to all facts relied on in opposing any motion. Any party filing a motion shall certify to the court that a good faith attempt was made to obtain

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concurrence in the relief sought, except in the case of dispositive motions, motions for contempt or sanctions, or comparable motions where it can be

reasonably assumed that the party or counsel will be unable to obtain concurrence. Any answer or objection to a motion must be filed within ten days

of filing of the motion. Failure to object shall not, in and of itself, be grounds for granting a motion.

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APPENDIX M

Amend New Hampshire Rule of Criminal Procedure 21 by deleting

subsection (c) (deletions are in strikethrough), as follows:

Rule 21. Trial by the Court or Jury; Right to Appeal

(a) Circuit Court-District Division (1) Trial. A defendant shall be tried in the circuit court-district division by

a judge unless otherwise provided by law. In all prosecutions for misdemeanors

in which appeal for trial de novo is allowed, the court, in its discretion, may allow the defendant, upon advice of counsel, to plead not guilty and to waive

the presentation of evidence by the State, and the presentation of a defense. The court shall require the prosecution to make an offer of proof. The court may find the defendant guilty and impose sentence. The defendant may appeal

to the superior court. The court’s sentence is vacated pending appeal except as otherwise provided by statute.

(2) Appeal for Trial De Novo in the Superior Court. When permitted by

statute or required by the New Hampshire Constitution, an appeal to the superior court may be taken by the defendant by giving notice in open court

after the court pronounces sentence, or by filing written notice with the clerk of the circuit court-district division within three days of the verdict. A defendant who was prevented from appealing through mistake, accident, or misfortune,

and not from neglect, may, within thirty days of the imposition of sentence by the circuit court – district division, request the superior court to allow an

appeal. The motion shall set forth the reason for appealing and the cause of the delay. The court shall make such order thereon as justice may require. In the event of an appeal, the court may review the defendant’s bail status, at the

request of either party. If, upon appeal to the superior court, the defendant waives the right to a jury trial, the court shall remand the matter to the circuit

court-district division for imposition of the originally imposed sentence. An appeal may not be withdrawn after the record of appeal has been sent to the superior court. Such withdrawals must be made in the superior court.

(3) Appeal to Supreme Court. A person sentenced by a circuit court-district division for a class A misdemeanor may, if no appeal for a jury trial in

superior court is taken, appeal therefrom to the Supreme Court at the time the sentence is declared or within thirty days after the sentence is declared. When the defendant has been convicted of a violation, or in any case where an appeal

for a trial de novo in superior court is not permitted, the defendant may likewise appeal to the Supreme Court at the time the sentence is declared or within thirty days after the sentence is declared. The Supreme Court's review in

such cases shall be limited to questions of law.

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(4) Transcripts. Whenever a party desires to use a sound recording of circuit court-district division proceedings on appeal, a written transcript of the

sound recording will be required. (b) Superior Court

Trial shall be before a jury of twelve persons unless the defendant, on the record, waives this right. If two or more defendants are to be tried together, the trial shall be before a jury unless all defendants waive the right to a jury trial.

The consent of the State is not necessary for the defendant to waive the right to trial by jury.

(c) Motions. All motions must contain the word “motion” in the title. Filers shall not combine multiple motions seeking separate and distinct relief into a

single filing. Separate motions must be filed. Objections to pending motions and affirmative motions for relief shall not be combined in one filing.

Comment

In State v. Thompson, 165 N.H. 779 (2013), the New Hampshire Supreme

Court clarified the choice between appealing a misdemeanor conviction by seeking a trial de novo and appealing directly to the Supreme Court on an

issue of law. The Court stated: “we reiterate that RSA 502–A:12 ‘absolutely guarantees trial by jury to persons’ convicted in circuit court of a class A

misdemeanor, and dictates, as ‘the manner ... specified for exercising this right’ that the defendant may not also—either prior to, concurrently, or after his appeal to superior court—appeal that same circuit court conviction to this

court. Ludwig v. Massachusetts, 427 U.S. 618, 630 (1976). In essence, RSA 502–A:12 limits a defendant to one bite at the apple. Should he choose the de novo jury trial in superior court and again be convicted there, he may of course appeal that conviction to this court.” Thompson, 165 N.H. at 788.

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APPENDIX N

Amend New Hampshire Rule of Criminal Procedure 35 as follows

(additions are in [bold and in brackets]):

Rule 35. Filings with the Court

(a) All pleadings and forms filed shall be upon 8 1/2 x 11 inch paper and

shall be either typewritten or hand-printed and double-spaced so that they are

clearly legible. No pleading, motion, objection, or the like, which is contained in a letter, will be accepted by the clerk, or acted on by the court.

(b) In any case in which all parties are represented by lawyers, all parties'

counsel may agree that pleadings filed and communications addressed to the

court may be furnished to all other counsel by email. An agreement may be filed with the court by stipulation. Such agreement shall list the email

address(es) at which counsel agree to be served. The email header shall include the caption of the case and its docket number. Pleadings and communications furnished in accordance with this rule shall be attached to the email in .PDF

file format. Documents so furnished may have on their signature lines a copy of counsel's signature, a facsimile thereof, “/s/ [counsel's name]” as used in the federal ECF system, or similar notation indicating the document was signed.

(c) A party filing a pleading shall certify that a copy of the pleading and all

attachments was mailed first class or delivered to all opposing counsel and any guardian ad litem. This rule shall not apply to ex parte pleadings and shall not require a party to provide duplicate copies of documents already in another

party’s possession. (d) A no contact order in a domestic violence, stalking, or similar matter

shall not prevent either party from filing appearances, motions, and other appropriate pleadings. At the request of the party filing the pleading, the court

shall forward a copy of the pleading to the party or counsel specified in the request. Furthermore, the no contact provisions shall not be deemed to prevent contact between counsel when both parties are represented.

(e) For the purpose of compliance with any time deadlines or statutes of

limitation, the terms “filing” and “entry” shall have the same meaning and shall be used interchangeably. Whenever any document is received by the court and time-stamped as received, or the receipt is entered on the court’s database, the

earlier of the two shall be accepted as the filing date. (f) In computing any period of time prescribed or allowed by these rules, by

order of court, or by applicable law, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The

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last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period shall extend until the end

of the next day that is not a Saturday, Sunday, or a legal holiday as specified in RSA chapter 288.

(g) All pleadings and the appearance and withdrawal of counsel shall be

signed by the attorney of record or the attorney’s associate or by a self-

represented party. Names, addresses, New Hampshire Bar Association member identification numbers, and telephone numbers shall be typed or stamped beneath all signatures on papers to be filed or served. No attorney or self-

represented party will be heard until an appearance is so entered.

(h) By signing a pleading, an attorney certifies that the attorney has read the pleading, that to the best of the attorney’s knowledge, information and belief there is a good ground to support it, and that it is not interposed for delay.

[(i) Requirements Relating to Motions Filed in Superior Court.

(1) The court will not hear any motion grounded upon facts, unless they are verified by affidavit, or are apparent from the record or from the

papers on file in the case, or are agreed to and stated in writing signed by the parties or their attorneys; and the same rule will be applied as to all facts relied on in opposing any motion. Any party filing a motion shall

certify to the court that a good faith attempt was made to obtain concurrence in the relief sought, except in the case of dispositive

motions, motions for contempt or sanctions, or comparable motions where it can be reasonably assumed that the party or counsel will be unable to obtain concurrence. Any answer or objection to a motion must

be filed within ten days of filing of the motion. Failure to object shall not, in and of itself, be grounds for granting a motion.

(2) All motions must contain the word “motion” in the title. Filers shall not combine multiple motions seeking separate and distinct relief

into a single filing. Separate motions must be filed. Objections to pending motions and affirmative motions for relief shall not be combined in one filing.]

Comment

The provisions of Rule 35 are consistent with the General Rules of the

Circuit Court of the State of New Hampshire – District Division, as set forth in Rules1.1A (“Computation and Extension of Time”), 1.3 (“Attorneys”) and 1.3-A (“Pleadings – Copies to all parties”).