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Supreme Court Rules Table of Contents

RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE

PROCEDURAL RULES 1 TO 34

Rule 26. Filing and Service.

(1) Papers required or permitted to be filed in this court shall be filed with the clerk of this court and shall be upon good quality, nonclinging paper 8 1/2 by 11 inches in size. With the exception of documents attached to a filing, the type used in all filings shall consist of standard size typewriter characters or size 12 font.  Filing may be accomplished by first class mail addressed to the clerk of this court, but filing shall not be timely unless the papers are received by the clerk within the time fixed by rule or law. Filings postmarked at least 2 days prior to the time fixed by rule or law shall be deemed timely.

        
If the clerk's office provides a drop box for the filing of documents, the contents of the drop box shall be removed by the clerk's office at the start of business each day that the court is open for business.  The following rules shall determine the date of filing for documents filed via the drop box:

           
(a)  Any person filing a document or documents via the drop box shall indicate the date and time of filing on the document or documents or on the envelope containing the document or documents, and the document shall be considered to have been filed on the date indicated, except if the date indicated is a Saturday, Sunday, legal holiday, or other day upon which the clerk's office is closed, the document shall be considered to have been filed on the next day that the court is open for business.  If a document or documents deposited in the drop box does not include both a date and time of filing, the document will be deemed to have been filed on the date that the document or documents are removed from the drop box.

       
   (b)  The court is NOT responsible for any documents placed in the drop box which are lost, stolen, misplaced, or destroyed.  A party may contact the court during business hours to verify that a document placed in the drop box has been received by the clerk's office.

(2) Copies of all papers filed by any party shall, at or before the time of filing, be served by a party or person acting for him on all other parties to the case. Service on a party represented by counsel shall be made on counsel. Copies of motions to extend time to file an appeal document, appeal documents, and motions for rehearing or reconsideration shall be filed with the clerk of the court or agency from which the appeal or transfer is taken, and (in the case of an appeal from an administrative agency) with the attorney general, as specified in rules 5, 21, or 22.

(3) (a) Service may be personal or by first class mail. Personal service includes delivery of the copy to a secretary or other responsible person at the office of counsel. Service by first class mail is complete on mailing.

(b) In any case when 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 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.

(4) In the case of any notice of appeal or transfer filed in this court, counsel for the filing party shall include with the filing a statement certifying that every issue specifically raised (a) has been presented to the court below and (b) has been properly preserved for appellate review by a contemporaneous objection or, where appropriate, by a properly filed pleading. Failure of counsel to comply with this requirement will result in the assessment of costs and attorney's fees by the court and may also result in the rejection of the notice of appeal as to that issue.

(4-A)   When an attorney provides limited representation to an otherwise unrepresented party by drafting a document to be filed by such party with the supreme court in a proceeding in which the attorney is not entering any appearance or otherwise appearing in the case in the supreme court, the attorney is not required to disclose the attorney’s name on such pleading to be used by that party; any pleading drafted by such limited representation attorney, however, must conspicuously contain the statement “This pleading was prepared with the assistance of a New Hampshire attorney.”  The unrepresented party must comply with this required disclosure.

(5) Notices of appeal and all other papers required or permitted to be filed in this court shall have sequentially numbered pages.

(6) Notices of appeal and all other papers required or permitted to be filed in this court shall be duplicated on non-clinging paper. Clinging paper shall include any duplication done by a wet-process machine or any electrostatic duplicating method which creates static electricity between the pages.

(7) All papers presented for filing shall contain a statement of compliance with sections (2), (3), and (4).

(8) All filings and correspondence, except the initial filing of the appeal document, shall contain the supreme court's docket number.

(9) All changes of mail address shall be filed with the clerk. Whenever notice to a party is required, notice to the last mail address on file shall be deemed notice to, and binding on, the party.

(10)  Any pleading filed by counsel who is a member of the New Hampshire Bar shall include counsel's New Hampshire Bar identification number.

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