Supreme Court - Supplemental Rules of the Supreme Court of New Hampshire for Electronic Filing - Rule 18. Electronic Service of Documents to Registered E-Filers

(a) Service on Party or Party’s Representative. Service on a self-represented party shall be made on the party. Service on a party represented by an attorney or nonlawyer representative shall be made on the representative. In accordance with Rule 3(j) of these rules, “party” in the context of service includes a party’s attorney or nonlawyer representative. (b) Effect of Electronic Service. Electronic service, as defined in these rules, satisfies the requirement in Supreme Court Rule 26(2) that a filer provide to all other parties a copy of each filing at or before the time of filing. In addition, whenever notice to a party is required, notice to the electronic service address of the party shall be deemed notice to, and binding on, the party. (c) Acceptance of Electronic Service by Registered E-Filers; Conventional Service Required to Other Parties. (1) Registration as an e-filer in the electronic filing system shall constitute a person's consent to acceptance of electronic service of court documents and documents electronically submitted by other registered e-filers in the case, provided that the requirement of electronic filing applies to the case and to the person as determined by Rule 4(a) and Rule 5 of these rules. Except as otherwise provided by these rules or by court order, no other form of delivery to a registered e-filer by a registered e-filer is permitted as valid service. When a registered e-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 e-filers, the filing party must cause electronic service through the filing system to be made on each other registered e-filer by so designating at the time of the filing party’s submission. If an e-filer uses the electronic filing system’s “Exclude from eService” or “Not Served” functionality to circumvent this requirement, the clerk may reject the submission. (2) A party who is not required to file electronically in the case shall be conventionally served by providing the party, at the time of filing, with a paper copy of each document filed. See Supreme Court Rule 26(2) and (3)(a). A party who is not required to file electronically in the case shall conventionally serve each of his or her filings by providing, at the time of filing, a paper copy of each filing to the other parties. See Supreme Court Rule 26(2) and (3)(a). It is the responsibility of the party submitting a document for filing to provide a copy of the document to other parties in accordance with this provision and (c)(1), above. With respect to a court-issued document, the clerk’s office will conventionally serve the document on each party who is not required to file electronically in the case. (3) A party who is presumptively required by these rules to file electronically in the case, but who has not yet registered as an e-filer, must be conventionally served in accordance with (c)(2), above; provided, however, that in a case when all parties are represented by attorneys and a stipulation for e-mail service was filed in the trial court or administrative agency in compliance with applicable rules of that tribunal, see, e.g., Superior Court Rule 3(b); District Division Rule 1.3-A(B), the “appeal document” (as defined by Supreme Court Rule 3) shall be served in accordance with the stipulation, and such service shall be deemed valid conventional service. A party who is presumptively required by these rules to file electronically in the case, but who has not yet registered as an e-filer and who has requested an exemption from the requirement of electronic filing must conventionally serve each of his or her filings to other parties in accordance with (c)(2), above. It is the responsibility of the party submitting a document for filing to provide a copy of the document to other parties in accordance with this provision and (c)(1), above. With respect to a court-issued document, the clerk’s office will conventionally serve the document on each party in the case who has not yet registered as an e-filer or who has requested an exemption from the requirement of electronic filing. (d) Certificate of Service. A party submitting a document for filing, whether electronically or conventionally, must include a statement in the document in accordance with Supreme Court Rule 26(7) certifying that a copy of the document is being timely provided to all other parties in the case. Unless the document is a court form, the certification in the document must identify the name of each party receiving a copy of the document through the electronic filing system’s electronic service and the name of each party receiving a paper copy of the document through conventional service. (e) Court-Issued Documents. The clerk’s office will electronically serve any court-issued document to each registered person who is required to file electronically in the case. Electronic service by the clerk’s office constitutes service or notice of the document. In accordance with (c)(2) and (c)(3), above, the clerk’s office will conventionally serve a court-issued document to each party who is not required to file electronically or who has requested an exemption from the requirement of electronic filing. (f) No-Contact Orders. Absent a court order to the contrary, a party who is subject to a no-contact order and who is, or who is represented by, a registered e-filer may use the electronic filing system’s electronic service to provide a copy of an electronically submitted document to the opposing party if the opposing party or the opposing party's attorney or nonlawyer representative is a registered e-filer.