Recording System (JERS)
(a) Use of Jury Evidence Recording System (“JERS”). JERS is a court technology
system that allows a deliberating jury to review trial exhibits, such as documentary,
photographic or video exhibits, on a plasma screen using a touch screen kiosk. Unless
otherwise ordered by the court, JERS shall be the exclusive medium used to present electronic
evidence to a deliberating jury. Parties using JERS shall comply with the procedures set
forth below in this rule and on the court’s website.
(b) Production of Exhibits in Electronic Format. In addition to submitting their exhibits
in paper as required by LR 83.14 and LCrR 16.1(h), the parties shall simultaneously exchange
and submit their exhibits in an electronic format that strictly conforms with naming and
submission instructions on the JERS section of the court’s website. Exhibits shall be
described using neutral and non-adversarial terms. To the extent practicable, the parties
should endeavor to have available at trial an electronic copy of any unlisted exhibit that is
used to impeach a witness and is admitted into evidence. Exhibits that cannot practically be
reduced to electronic format, such as large physical exhibits, or exhibits that the parties have
agreed should not be submitted to the deliberating jury in electronic format need not be
submitted electronically for entry into JERS.
(c) Confirmation of Exhibits Released to Jury for Deliberations. Before the jury
begins to deliberate, the parties will confer with the courtroom deputy and will (1) agree on
the exhibits that will be released to the jury through JERS, (2) confirm that the exhibits in
JER are identical to the exhibits admitted into evidence, and (3) agree what restrictions, if
any, may apply to each exhibit (e.g. audio only, video only). Any disagreements will be
resolved by the presiding judge.
(d) Integrity of Deliberation Process. No court personnel will enter the jury room once
deliberations have commenced without the court’s permission. Any request by the jury for
technical assistance will have to be made in writing, and presented to the parties for their
consideration and to the court for approval, before any court staff member will be permitted to
provide assistance. In the event court staff must assist with a technical problem, jurors will be
escorted to another room while court staff resolves the problem.
(Added 12/1/11; formerly LR 83.15 renumbered to 83.16, introduction deleted, § (a) added, §§
(a) – (c) relettered, 12/1/13; § (b) amended 12/1/15)
83.17 [reserved]
(Added 12/1/23; removed 12/1/25)
[INTENTIONALLY BLANK]
APPENDIX OF FORMS, CIVIL
Civil Form 1, Civil Case Management Deadlines
This chart is meant merely as a summary. Local and Federal Rules and orders in individual
cases are controlling. Certain cases are exempt from certain provisions of the Local Rules, e.g.,
16.1 exempts administrative track cases. NOT INCLUDED: SSA cases, IDEA cases, class
action settlements, bankruptcy proceedings, cases referred from Rhode Island, removal actions.
Civil Case Management Deadlines
Amended Through December 1, 2025
PROCEEDING, DOCUMENT, RULE DUE DATE
OR ACTION
Conference of parties to develop Fed. R. Civ. P. 26(f) At least 21 days before the
discovery plan. preliminary pretrial conference held
or scheduling order due per Fed. R.
Civ. P. 16(b)
Discovery commences except in Fed. R. Civ. P. 26(d)
cases specified in Fed. R. Civ. P. and (f)
26(a)(1)(B).
Discovery plan filed. Fed. R. Civ. P. 26(f) 14 days after Fed. R. Civ. P. 26(f)
conference
Court ADR/Mediation - notice to LR 53.1(c)(1) Included in scheduling order
the court of the date by which
mediation will occur.
Preliminary pretrial conference. LR 16.1 Set by clerk’s notice
Scheduling order issued. Fed. R. Civ. P. 16(b)
Amended pleadings filed. Fed. R. Civ. P. Set by scheduling order
16(b)(3)(A)
Additional parties joined. Fed. R. Civ. P. Set by scheduling order
16(b)(3)(A)
Expert materials disclosed. Fed. R. Civ. P. Set by scheduling order (if no order
16(b)(3)(B) then 30 days prior to trial as required
by Fed. R. Civ. P. 26(a)(3)(B))
Dispositive motions filed. Fed. R. Civ. P. Set by scheduling order
16(b)(3)(A)
Discovery completed. Fed. R. Civ. P. Set by scheduling order
16(b)(3)(A)
Motion for attendance of witness LR 45.2 21 days before trial (or hearing or
by pro se and in forma pauperis deposition)
parties.
Pretrial statements, requests for Fed. R. Civ. P. 26(a)(3) Set by clerk’s notice of trial
jury instructions, trial memoranda, and LR 16.2 assignment (30 days before trial)
requests for findings of fact and
rulings of law, motions in limine,
and voir dire requests filed.
Challenges to expert testimony. Fed. R. Civ. P. Set by scheduling order
16(b)(3)(B)
PROCEEDING, DOCUMENT, RULE DUE DATE
OR ACTION
Objections to pretrial disclosures Fed. R. Civ. P. Set by clerk’s notice of trial
and to exhibits, motions in limine, 26(a)(3)(B) and LR assignment (14 days after filing of
jury instructions, findings of fact, 16.2(d) pretrial statements)
and rulings of law filed.
Final pretrial conference held. LR 16.3(a) Set by clerk’s notice of trial
assignment (approximately 10 days
prior to trial)
Deposition page/line designations. LR 16.2(a)(4) Due 10 days prior to trial; counter-
designations due 5 days prior to trial;
objections 2 days prior to trial
Exhibits and exhibit/final witness LR 83.14 Set by final pretrial order or 7 days
lists filed. before trial
Trial. LR 40.1 Set by clerk’s notice of trial
assignment (in accordance with track
assigned per LR 40.1)
Other Civil Deadlines
PROCEEDING, DOCUMENT, RULE DUE DATE
OR ACTION
Filing fee paid or motion to LR 4.4 Simultaneous with filing of complaint
proceed in forma pauperis filed.
Objections to motions other than LR 7.1(b) 14 days after motion is filed
motions in limine filed with final
pretrial statements and motions for
summary judgment.
Objections to summary judgment LR 7.1(b) 30 days after motion is filed
motions.
Reply memorandum. LR 7.1(e)(1) Dispositive motion: within 7 days of
the filing of an objection or
opposition.
Motion to file reply memorandum. LR 7.1(e)(2) Nondispositive motion: motion for
leave no later than 7 days after the
filing of an objection or opposition
Surreply. LR 7.1(e)(3) Within 5 days of filing of reply
Motion to strike. LR 7.2(b) Within 14 days of the filing of motion
or objection
Motion to continue based on LR 7.2(a) 7 days after learning of scheduling
scheduling conflict filed. conflict
Motion to reconsider other than a LR 7.2(d) 14 days after order issued
motion under Fed. R. Civ. P. 59 or
60.
Respondent’s answer in § 2254 LR 7.4 Within 90 days of court order
habeas corpus case. requiring an answer
Petitioner’s reply in § 2254 and § LR 7.4 Within 30 days after respondent files
2255 habeas corpus cases. LR 7.5 an answer
PROCEEDING, DOCUMENT, RULE DUE DATE
OR ACTION
Written statement or dispositive LR 7.4 Within 60 days of filing answer to
motion in § 2254 habeas corpus petition to habeas corpus
case.
Disclosure statement LR 7.1.1 If corporation, partnership, or LLC, or
(Nongovernmental corporate and in a diversity case, with first
diversity statements). appearance or filing
Production of discovery required LR 37.1(b) 14 days after order issued
by court ruling on motion to
compel.
Signed agreement for entry of LR 41.1 30 days after court notified of
judgment or stipulation of settlement
dismissal filed.
Notice to opposing counsel that LR 45.5 30 days before trial
counsel will be called as a witness
at trial.
Jury costs may be assessed if case LR 54.2 1 day before trial
settles later than 3 p.m. on the last
business day prior to the scheduled
trial date.
Bill of costs filed. LR 54.1 21 days after expiration of appeal
period or issuance of appellate court
mandate. Objections due 14 days after
filing.
Response to objection to LR 72.2 14 days after filing of objection
nondispositive order of Magistrate
Judge.
Objection to initial case assignment LR 73.1(b) 21 days after receipt of notice of
to magistrate judge. initial assignment
Parties request court reporter if LR 80.1 2 days prior to hearing
proceeding is not covered by LR
80.1.
Transmission of exhibits for LR 83.14(d) Promptly after filing of appeal
appeal.
Operation of courtroom LR 83.15 5 days before hearing/trial make
technology. arrangements to train on court’s
systems if desired
(Added 1/1/97; amended 1/1/00, 1/1/01, 1/1/02, 1/1/03, 1/1/04, 1/1/05, 1/1/06, 1/1/08; 12/1/09,
12/1/11, 12/1/13, 12/1/17, 12/1/18, 12/1/19, 12/1/21, 12/1/22)
Civil Form 2, Discovery Plan
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Plaintiff(s)
v. Civil No. Case #/Judge Initials
Defendant(s)
DISCOVERY PLAN
Fed. R. Civ. P. 26(f)
DATE/PLACE OF CONFERENCE:
COUNSEL PRESENT/REPRESENTING:
CASE SUMMARY
THEORY OF LIABILITY:
THEORY OF DEFENSE:
DAMAGES:
DEMAND: due date [NOTE: need not be filed with the court.]
OFFER: due date [NOTE: need not be filed with the court.]
JURISDICTIONAL QUESTIONS:
QUESTIONS OF LAW:
TYPE OF TRIAL: jury or bench
SCHEDULE
TRACK ASSIGNMENT: EXPEDITED – 6 MONTHS
STANDARD – 12 MONTHS
COMPLEX – 24 MONTHS
TRIAL DATE: The parties shall set out an agreed trial date — adhering to time periods as
mandated by the chosen track assignment –- using a preset jury selection day as provided on the
court’s web site (www.nhd.uscourts.gov). If the parties cannot agree on a date, they shall set out
their respective proposed dates.
DISCLOSURE OF CLAIMS AGAINST UNNAMED PARTIES: If defendant(s) claim that
unnamed parties are at fault on a state law claim (see DeBenedetto v. CLD Consulting
Engineers, Inc., 153 N.H. 793 (2006)), defendant(s) shall disclose the identity of every such party
and the basis of the allegation of fault [no later than 30 days before the Joinder of Additional
Parties deadline and 45 days before the Plaintiff’s Expert Disclosure deadline].
Plaintiff shall then have 30 days from the date of disclosure to amend the complaint.
AMENDMENT OF PLEADINGS:
Plaintiff: due date Defendant: due date
JOINDER OF ADDITIONAL PARTIES:
Plaintiff: due date Defendant: due date
THIRD-PARTY ACTIONS: due date
MOTIONS TO DISMISS: due date [NOTE: no later than 90 days after preliminary pretrial
conference.]
DATES OF DISCLOSURE OF EXPERTS AND EXPERTS' WRITTEN REPORTS AND
SUPPLEMENTATIONS:
Plaintiff: due date Defendant: due date
Supplementations under Rule 26(e) due: time(s) or interval(s).
[Advise the court whether the parties have stipulated to a different form of expert report than
that specified in Fed. R. Civ. P. 26(a)(2).]
COMPLETION OF DISCOVERY:
(1) Date all discovery complete [NOTE: no later than 60 days prior to trial date.]
(2) Date for completion of discovery on issues for early discovery, if any.
MOTIONS FOR SUMMARY JUDGMENT: due date [NOTE: no later than 120 days prior
to trial date. The fact that the discovery deadline may postdate the summary judgment deadline
is not a sufficient basis to request a continuance of the summary judgment deadline.]
CHALLENGES TO EXPERT TESTIMONY: due date [NOTE: no later than 45 days prior
to trial date.
DISCOVERY
DISCOVERY NEEDED:
Give a brief description of subjects on which discovery will be needed.
MANDATORY DISCLOSURES (Fed. R. Civ. P. 26(a)(1)):
Advise the court whether the parties have stipulated to a different method of disclosure from
that required by Fed. R. Civ. P. 26(a)(1) or have agreed not to require any Rule 26(a)(1)
disclosures, and if so, in cases where ESI discovery is anticipated, advise how the parties will
exchange information regarding the custodian(s) and location(s) of ESI in the absence of
mandatory disclosures.
INTERROGATORIES: A maximum of (number) [PRESUMPTIVE LIMIT 25] interrogatories
by each party to any other party. Responses due 30 days after service unless otherwise agreed
to pursuant to Fed. R. Civ. P. 29.
REQUESTS FOR ADMISSION:
A maximum of (number) requests for admission by each party to any other party. Responses
due 30 days after service unless otherwise agreed to pursuant to Fed. R. Civ. P. 29.
DEPOSITIONS:
A maximum of (number) [PRESUMPTIVE LIMIT 10] depositions by plaintiff(s) and (number)
[PRESUMPTIVE LIMIT 10] by defendant(s). Each deposition (other than of /name\) limited to a
maximum of (number) [PRESUMPTIVE LIMIT 7] hours unless extended by agreement of the
parties.
ELECTRONIC INFORMATION DISCLOSURES (Fed. R. Civ. P. 26(f)):
If the parties do not anticipate discovery of electronically stored information (“ESI”), they
should provide an explanation here. Otherwise, the parties must provide (a) a brief description
of the parties’ proposals regarding the disclosure or discovery of electronically stored
information (“ESI”) and/or attach a proposed order and/or (b) identify any disputes regarding
the same. For further guidance, parties should refer to the ESI checklist provided on the court’s
website.
The potential issues the parties should consider include, but are not limited to:
(1) Preservation. Counsel should attempt to agree on steps the parties will take to segregate
and preserve ESI in order to avoid accusations of spoliation;
(2) Location and Systems. Counsel should attempt to identify systems from which discovery will
be prioritized (e.g. email, finance, HR systems, backup/archival systems), including the
description, location and media of those systems;
(3) Scope of Search, Proportionality and Costs. Counsel should attempt to identify and agree on
the scope of ESI discovery, the search method(s), including specific words or phrases or other
methodology that will be used to identify discoverable ESI, the amount and nature of the claims
being made and who will bear the cost of obtaining the data;
(4) Format and Mode of Transmittal. Counsel should attempt to agree on the format and mode of
transmittal to be used in the production of ESI, and whether production of some or all ESI in
paper form is agreeable in lieu of production in electronic format;
(5) Phasing. Whether it is appropriate to conduct discovery of ESI in phases;
(6) Privileged or Trial Preparation Materials. Counsel also should attempt to reach
agreement regarding what will happen in the event privileged or trial preparation materials
are inadvertently disclosed. See Fed. R. Evid. 502.
STIPULATION REGARDING CLAIMS OF PRIVILEGE/PROTECTION OF TRIAL
PREPARATION MATERIALS (Fed. R. Civ. P. 26(f)):
Provide a brief description of the provisions of any proposed order governing claims of
privilege or of protection as trial preparation material after production (and/or attach a
proposed order).
OTHER ITEMS
SETTLEMENT POSSIBILITIES:
(1) is likely
(2) is unlikely
(3) cannot be evaluated prior to (date)
(4) may be enhanced by ADR: (a) request to the court
(b) outside source
JOINT STATEMENT RE: MEDIATION: The parties shall meet and confer regarding
mediation, and shall include a statement in the proposed discovery plan addressing the following
issues: 1) whether the parties plan to pursue mediation; 2) if so, whether they anticipate
mediating before or after pursuing discovery and/or filing summary judgment motions; and 3)
whether the parties will request mediation with a Magistrate Judge/District Judge or with a
private mediator. The parties shall also propose a date by which they will update the court on
the status of mediation; the clerk's office shall schedule a mediation status conference following
that deadline. The obligation to meet and confer, and to file a joint mediation statement, shall
not apply when one of the parties is incarcerated and unrepresented.
TRIAL ESTIMATE: number of days
WITNESSES AND EXHIBITS: [NOTE: no dates necessary. Due dates are as follows, and
will be set by the clerk’s notice of trial assignment.]
• Witness and exhibit lists, included in final pretrial statements, are due 10 days before
final pretrial conference but not less than 30 days before trial.
• Objections are due 14 days after filing of final pretrial statements.
PRELIMINARY PRETRIAL CONFERENCE: The parties (request) (do not request) a
preliminary pretrial conference with the court before entry of the scheduling order.
[NOTE: THE PARTIES SHOULD PLAN TO ATTEND THE PRELIMINARY PRETRIAL
CONFERENCE AS SCHEDULED UNLESS OTHERWISE NOTIFIED BY THE COURT.]
OTHER MATTERS: The parties should list here their positions on any other matters which
should be brought to the court’s attention including other orders that should be entered under
Fed. R. Civ. P. 26(c) or 16(b) and (c).
(Added 1/1/97; amended 1/1/00, 1/1/01, 1/1/02, 1/1/03, 1/1/04, 1/1/07, 12/1/09, 12/1/11, 12/1/13,
12/1/17, 12/1/19, 12/1/21)
Civil Form 3, Extending Deadlines Set In Discovery Plan
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Plaintiff(s)
v. Civil No. Case #/Judge Initials
Defendant(s)
ATTACHMENT TO MOTION EXTEND DEADLINES ESTABLISHED
IN THE COURT’S [DATE] SCHEDULING ORDER
[List the scheduling designations that are applicable to your case. This draft is
merely an exemplar and includes deadlines listed in Civil Form 2, Discovery
Plan.]
Current Proposed
Scheduling Designation
Deadline Deadline
Completion of Discovery
Discovery Status Report
Disclosure of Experts and Experts’ Written
Reports and Supplementations (Plaintiff)
Disclosure of Experts and Experts’ Written
Reports and Supplementations (Defendant)
Challenges to Expert Testimony
Disclosure of Claims Against Unnamed Parties
Joinder of Additional Parties (Plaintiff)
Joinder of Additional Parties (Defendant)
Third-Party Actions
Amendment to Pleadings (Plaintiff)
Amendment to Pleadings (Defendant)
Motions to Dismiss
Motions for Summary Judgment
Trial
(Added 12/1/13; amended 12/1/17, 12/1/21)
Civil Form 4, Nongovernmental Corporate Disclosure Statement
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Plaintiff(s)
v. Civil No. Case #/Judge Initials
Defendant(s)
NONGOVERNMENTAL CORPORATE PARTY/INTERVENOR
DISCLOSURE STATEMENT
LOCAL RULE 7.1.1
[This form is to be completed and filed only by parties and intervenors that are
nongovernmental corporations, partnerships, or limited liability companies. Check the
appropriate box(es).]
❒ The filing party, a nongovernmental corporation, identifies the following parent
corporation and any publicly held corporation that owns 10% or more of its stock:
-OR-
❒ The filing party, a partnership, identifies the following parent corporation and any publicly
held corporation that owns 10% or more of the corporate partner’s stock:
-OR-
❒ The filing party, a limited liability company (LLC), identifies the following parent
corporation and any publicly held corporation that owns a 10% or more membership or stock
interest in the LLC:
- AND/O R -
❒ The filing party identifies the following publicly held corporations with which a merger
agreement exists:
-OR-
❒ The filing party has none of the above.
(Added 1/1/01; amended 1/1/03, 12/1/09, 12/1/13, 12/1/22)
Civil Form 4.1, Diversity Disclosure Statement
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Plaintiff(s)
v. Civil No. Case #/Judge Initials
Defendant(s)
DIVERSITY DISCLOSURE STATEMENT
LOCAL RULE 7.1.1
[This form is to be completed and filed only by parties and intervenors in actions in which
jurisdiction is based on diversity of citizenship under 28 U.S.C.§ 1332(a)]
PARTY OR INTERVENOR NAME CITIZENSHIP
[Complete Below Only if Applicable. An unincorporated entity, including but not limited to a
partnership, limited liability company or trust, must name and identify the citizenship of all
individuals or entities whose citizenship is attributed to that unincorporated entity under
applicable law (such as, as may be the case depending on the unincorporated entity and
applicable law, partners, members, trustees, and beneficiaries) here. Additionally, if any entity
whose citizenship is attributed to the unincorporated entity is itself an unincorporated entity, the
name and citizenship of the individuals or entities whose citizenship is attributed to that
unincorporated entity must likewise be disclosed until all related parties whose citizenship is
attributable to the filing party have been disclosed.]
NAME OF ALL INDIVIDUALS
OR ENTITIES ATTRIBUTED TO RELATIONSHIP TO
TO PARTY OR INTERVENOR PARTY OR INTERVENOR CITIZENSHIP
(Added 12/1/22; amended 12/1/23)
Civil Form 5, Protective Order Form
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Plaintiff(s)
v. Civil No. Case #/Judge Initials
Defendant(s)
PROTECTIVE ORDER
[If by consent] The parties have agreed to the terms of this Protective Order; accordingly, it is
ORDERED:
[If not fully by consent] A party to this action has moved that the Court to enter a protective
order. The court has determined that the terms set forth herein are appropriate to protect the
respective interests of the parties, the public, and the Court. Accordingly, it is ORDERED:
1. Scope. All documents produced in the course of discovery, including initial disclosures,
all responses to discovery requests, all deposition testimony and exhibits, other materials which
may be subject to restrictions on disclosure for good cause and information derived directly
therefrom (hereinafter collectively “document(s)”), shall be subject to this Order concerning
confidential information as set forth below. This Order is subject to the Local Rules of this
District and of the Federal Rules of Civil Procedure on matters of procedure and calculation of
time periods.
2. Form and Timing of Designation. A party may designate documents as confidential and
restricted in disclosure under this Order by placing or affixing the words “CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER” on the document in a manner that will not interfere with
the legibility of the document and that will permit complete removal of the CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER designation. Documents shall be designated
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER prior to or at the time of the
production or disclosure of the documents [OPTIONAL: except for documents produced for
inspection under the “Reading Room” provisions set forth in paragraph 4 below.] The
designation “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” does not mean that the
document has any status or protection by statute or otherwise except to the extent and for the
purposes of this Order.
3. Documents Which May be Designated CONFIDENTIAL – SUBJECT TO PROTECTIVE
ORDER. Any party may designate documents as CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER but only after review of the documents by an attorney or a party
appearing pro se who has in good faith determined that the documents contain information
protected from disclosure by statute or that should be protected from disclosure as confidential
personal information, trade secrets, personnel records, or commercial information. The
designation shall be made subject to the standards of Rule 11 and the sanctions of Rule 37 of the
Federal Rules of Civil Procedure. Information or documents that are available in the public
sector may not be designated as CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER.
4. [This Reading Room paragraph may be appropriate only in cases involving extensive
documents. The omission of this paragraph from the proposed Protective Order need not be
explained in a motion for a protective order pursuant to LR 26.2] Reading Room. In order to
facilitate timely disclosure of a large number of documents that may contain confidential
documents, but that have not yet been reviewed and designated CONFIDENTIAL – SUBJECT
TO PROTECTIVE ORDER, the following “Reading Room” procedure may be used at the
election of the producing party.
a. Reading Room Review. Documents may be produced for review at a party’s facility or
other physical or electronic location (“Reading Room”) prior to designation as
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. After review of the documents,
the party seeking discovery may specify those for which copies are requested. If the
producing party elects to designate any documents CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER, the copies shall be so marked prior to further production.
b. No Waiver of Confidentiality. The production of documents for review within the
Reading Room shall not be deemed a waiver of any claim of confidentiality, so long as the
reviewing parties are advised that pursuant to this Order the Reading Room may contain
confidential documents that have not yet been designated CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER.
c. Treatment of Produced Documents as CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER. The reviewing party shall treat all documents reviewed in the
Reading Room as designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
at the time reviewed. Documents copied and produced from the Reading Room that are not
designated CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER are not subject to this
Order.
d. Production of Documents. Unless otherwise agreed or ordered, copies of Reading
Room documents shall be produced within thirty days after the request for copies is made.
Production may be made by providing electronic copies of the documents so long as copies
are reasonably as legible as the originals from which they are produced.
5. Depositions. Deposition testimony shall be deemed CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER only if designated as such. Such designation shall be specific as to the
portions to be designated CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.
Depositions, in whole or in part, shall be designated on the record as CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER at the time of the deposition. Deposition testimony so
designated shall remain CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER until
________________ (___) days, after delivery of the transcript by the court reporter. Within
_________________ (___) days after delivery of the transcript, a designating party may serve a
Notice of Designation to all parties of record as to specific portions of the transcript to be
designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. Thereafter, those
portions so designated shall be protected as CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER pending objection under the terms of this Order. The failure to serve a Notice of
Designation shall waive the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
designation made on the record of the deposition.
6. Protection of Confidential Material.
a. General Protections. Documents designated CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER under this Order shall not be used or disclosed by the parties, counsel
for the parties or any other persons identified in ¶ 6.b. for any purpose whatsoever other than
to prepare for and to conduct discovery, hearings and trial in this action, including any appeal
thereof.
b. Limited Third-Party Disclosures. The parties and counsel for the parties shall not
disclose or permit the disclosure of any CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER documents to any third person or entity except as set forth in subparagraphs 1-6.
Subject to these requirements, the following categories of persons may be allowed to review
documents that have been designated CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER:
1. Counsel. Counsel for the parties and employees of counsel who have responsibility
for the preparation and trial of the action;
2. Parties. Parties and employees of a party to this Order. [OPTIONAL: If the
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents contain trade
secrets or other competitive, personnel or confidential information and disclosure to
another party could be harmful to the disclosing party, then add language: but only to the
extent counsel determines that the specifically named individual party or employee’s
assistance is reasonably necessary to the conduct of the litigation in which the information
is disclosed].
3. Court Reporters and Recorders. Court reporters and recorders engaged for
depositions;
4. Contractors. Those persons specifically engaged for the limited purpose of making
copies of documents or organizing or processing documents but only after each such
person has completed the certification contained in Attachment A, Acknowledgment of
Understanding and Agreement to Be Bound.
5. Consultants and Experts. Consultants, investigators, or experts (hereinafter referred
to collectively as “experts”) employed by the parties or counsel for the parties to assist in
the preparation and trial of this action but only after such persons have completed the
certification contained in Attachment A, Acknowledgment of Understanding and
Agreement to Be Bound; and
6. Others by Consent. Other persons only by written consent of the producing party or
upon order of the Court and on such conditions as may be agreed or ordered. All such
persons shall execute the certification contained in Attachment A, Acknowledgment of
Understanding and Agreement to Be Bound.
c. Control of Documents. Counsel for the parties shall make reasonable efforts to prevent
unauthorized disclosure of documents designated as CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER pursuant to the terms of this Order. Counsel shall maintain the
originals of the forms signed by persons acknowledging their obligations under this Order for
a period of six years from the date of signing.
d. Copies. Prior to production to another party, all copies, electronic images, duplicates,
extracts, summaries or descriptions (hereinafter referred to collectively as “copies”) of
documents designated as CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER under
this Order, or any individual portion of such a document, shall be affixed with the designation
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” if the word does not already
appear on the copy. All such copies shall thereafter be entitled to the protection of this
Order. The term “copies” shall not include indices, electronic databases or lists of documents
provided these indices, electronic databases or lists do not contain substantial portions or
images of the text of confidential documents or otherwise disclose the substance of the
confidential information contained in those documents.
7. Filing CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER Documents With the
Court.
a. Filing Party’s Confidential Documents. In the event that a party seeks to file, or
reference in any filing, a document that the filing party designated as CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER under this Protective order and the filing party seeks
to maintain the confidentiality of such document, the filing party must comply with LR 83.12
and AP 3.3 for filing the confidential document under seal.
b. Non-Filing Party’s Confidential Documents. In the event that the filing party seeks to
file, or reference in any filing, a document that the non-filing party designated as
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER under this Protective order, the
filing party shall first consult with the non-filing party to determine whether the non-filing
party consents to filing the document in whole or in part on the public docket. If the parties
are unable to reach an agreement, the filing party shall prepare two versions of the filings, a
public and a confidential version. The public version shall contain a redaction of references
to CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents and shall be filed
with the court. The confidential version shall be a full and complete version of the filing,
including any exhibits, and shall be filed with the court provisionally under seal pursuant to
LR 83.12 and AP 3.3 indicating that the non-filing party seeks to maintain the confidentiality
of the redacted material. The party seeking to maintain the confidential status shall file a
motion to seal in accordance with Local Rule 83.12(c) and AP 3.3 within three (3) business
days of the filing. Failure to file a timely motion to seal could result in the pleading/exhibit
being unsealed by the court without further notice or hearing.
8. No Greater Protection of Specific Documents. No party may withhold information from
discovery on the ground that it requires protection greater than that afforded by this Order unless
the party moves for an order providing such special protection.
9. Challenges by a Party to Designation as Confidential. Any CONFIDENTIAL - SUBJECT
TO PROTECTIVE ORDER designation is subject to challenge by any party or non-party
(hereafter “party”). The following procedure shall apply to any such challenge.
a. Objection to Confidentiality. Within thirty (30) days of the receipt of any document
designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or of the refusal to
produce a document on the ground of such designation, a party may serve upon the
designating party an objection to the designation. The objection shall specify the documents
to which the objection is directed and shall set forth the reasons for the objection as to each
document or category of documents. CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER documents to which an objection has been made shall remain CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER until designated otherwise by waiver, agreement or
order of the Court.
b. Obligation to Meet and Confer. The objecting party and the party who designated the
documents to which objection has been made shall have fifteen (15) days from service of the
objection to meet and confer in a good faith effort to resolve the objection by agreement. If
agreement is reached confirming or waiving the CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER designation as to any documents subject to the objection, the
designating party shall serve on all parties a notice specifying the documents and the nature of
the agreement.
c. Obligation to File Motion. If the parties cannot reach agreement as to any documents
designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, for the purpose of
discovery, the designating party shall file with the court within thirty (30) days of the service
of the objection a motion to retain the CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER designation. The moving party has the burden to show good cause for the
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER designation. The failure to file
the motion waives the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
designation of documents to which an objection was made.
10. Court Not Bound By Parties’ Designation. Nothing in this Order or any action or
agreement of a party under this Order limits the court’s power to make orders concerning the
disclosure of documents produced in discovery, filed with the court, or used during any hearing
or at trial.
11. Use of Confidential Documents or Information at Hearing or Trial. A party who intends
to present or anticipates that another party may present at any hearing or at trial
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents or information derived
therefrom shall identify the issue, not the information, in a pre-hearing or pretrial memorandum.
The court may thereafter make such orders as are necessary to govern the use of such documents
or information at a hearing or trial.
12. Obligations on Conclusion of Litigation.
a. Order Remains in Effect. Unless otherwise agreed or ordered, the terms of this Order
shall remain in force as an agreement between the parties after dismissal or entry of final
judgment not subject to further appeal. Actions to enforce the terms of the Order after
dismissal or entry of final judgment shall be by separate legal action and not by motion for
contempt or other relief filed in this action.
b. Return of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
Documents. Within thirty days after dismissal or entry of final judgment not subject to
further appeal, the receiving party shall return to the producing party all documents treated as
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER under this Order, including
copies as defined in ¶ 6.d., unless: (1) the document has been offered into evidence or filed
without restriction as to disclosure; (2) the parties agree to destruction in lieu of return; or (3)
as to documents bearing the notations, summations, or other mental impressions of the
receiving party, that party elects to destroy the documents and certifies to the producing party
that it has done so. Notwithstanding the above requirements to return or destroy documents,
counsel may retain attorney work product, including an index which refers or relates to
information designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, so long
as that work product does not duplicate verbatim substantial portions of the text or images of
confidential documents. This work product shall continue to be CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER under this Order. An attorney may use his or her
work product in a subsequent litigation provided that its use does not disclose or use
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents.
c. Deletion of Documents Filed under Seal from ECF System. Filings with the court
under seal shall remain in the ECF system and not be deleted except by order of the court.
13. Order Subject to Modification. This Order shall be subject to modification by the court
on its own motion or on motion of a party or any other person with standing concerning the
subject matter. Motions to modify this Order shall be served and filed in accordance with the
Federal Rules of Civil Procedure and the Local Rules.
14. No Prior Judicial Determination. This Order is entered based on the representations and
agreements of the parties and for the purpose of facilitating discovery. Nothing herein shall be
construed or presented as a judicial determination that any documents or information designated
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER by counsel or the parties is subject
to protection under Rule 26(c) of the Federal Rules of Civil Procedure or otherwise until such
time as the court may rule on a specific document or issue.
15. Persons Bound. This Order shall take effect when entered and shall be binding upon all
counsel and their law firms, the parties, and persons made subject to this Order by its terms.
So Ordered,
__________________________
Attachment A
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Plaintiff(s)
v. Civil No. Case #/Judge Initials
Defendant(s)
ACKNOWLEDGMENT AND
AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he/she has read the Protective Order dated
____________________________ in the above-captioned case and attached hereto, understands
the terms thereof, and agrees to be bound by its terms. The undersigned submits to the
jurisdiction of the United States District Court for the District of New Hampshire in matters
relating to the Protective Order and understands that the terms of the Protective Order obligate
him/her to use documents designated CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER in accordance with the Order solely for the purposes of the above-captioned case, and
not to disclose any such documents or information derived directly therefrom to any other
person, firm or concern. The undersigned acknowledges that violation of the Protective Order
may result in penalties for contempt of court or for other relief under the Protective Order
agreement.
(Added 12/1/13; amended 12/1/15, 12/1/17, 12/1/25)
Civil Form 6, Notice of Completion of Limited Scope of Representation
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Plaintiff(s)
v. Civil No. Case #/Judge Initials
Defendant(s)
NOTICE OF COMPLETION OF LIMITED SCOPE REPRESENTATION
Undersigned counsel hereby notifies the court that the limited scope of representation
authorized by the court has been completed. Notice to undersigned counsel pursuant to LR 5.1(i)
is no longer required. All notices in the case shall continue to be provided to [Name of Party] at
the following last known address and telephone number: [address/telephone number].
(Added 12/1/13)
Civil Form 7, Statement Regarding Interested Parties LR 77.4(d)(5)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
In re: Debtor(s) Chap. ______
BK Case #
_____________________________
Appellant(s)
v. Civil No. Case #/Judge Initials
Appellee(s)
STATEMENT REGARDING INTERESTED PARTIES
L.R. 77.4(d)(5)
□ The undersigned certifies that the following parties have an interest in the
outcome of this appeal. These representations are made to enable the court to
evaluate possible disqualification or recusal.
[List interested parties.]
□ The undersigned certifies that the undersigned knows of no interested party as that
term is defined in L.R. 77.4(d)(5).
Dated: ____________ ________________________
Attorney or Pro Se Party
Bar #
Address
Telephone Number
Email/Fax
(Added 12/1/17)
[INTENTIONALLY BLANK]
XII. CRIMINAL RULES
With the 1997 revision, all existing criminal rules were renumbered to delete the “100” series
designation. For example, 106.1 became 6.1; 110.2 became 10.2.
