In the
state of New Hampshire, no process server license is required.
Table of Contents
104:4 SPECIAL DEPUTY.
104:5 DUTIES.
104:6 POWERS.
104:7 INTEREST IN SUIT.
104:8 LIMITATION.
104:10 NEGLECT OF DUTY.
104:11 LIABILITY FOR FEES.
104:12 REQUIRING AID.
510:1 TIME; WHERE RETURNABLE.
510:2 MANNER.
510:2-A CONTENTS OF WRITS AND
PROCESSES.
510:4 NONRESIDENT DEFENDANT.
JURISDICTION.
SERVICE OF PROCESS ON SECRETARY
OF STATE.
RECORD OF PROCESS.
CONTINUANCE OF ACTION; COSTS.
SERVICE NOT EXCLUSIVE.
510:6 - SCIRE FACIAS.
510:8 OTHER NOTICE.
510:9 PUBLICATION.
510:10 DEFENDANT COUNTY, ETC.
510:13 ASSOCIATIONS.
510:14 CORPORATIONS.
510:15 - RAILROADS.
510:17 TRUSTEE PROCESS RETURN.
A sheriff may appoint
a special deputy for the service and return of any process, by warrant indorsed
thereon, in the manner heretofore practiced. Source. RS 178:6, 8. CS 189:6, 8.
GS 197:2. GL 216:2. PS 212:2. PL 324:2. RL 380:2.
1.
The sheriff and
the sheriff's deputies shall serve and execute all writs and other precepts
directed to the sheriff's department and issued from lawful authority.
2.
The sheriff and
the sheriff's deputies and bailiffs shall perform the duties of crier of the
court.
3.
The sheriff's
bailiffs shall provide adequate security in all state courts, except the
supreme court.
4.
The sheriff's
bailiffs shall comply with such background investigation checks, physical and
mental standards, and training appropriate to their duties as the police standards
and training council may require. The council shall consult with the New
Hampshire Sheriffs Association and the administrative office of the courts
prior to adopting these standards. Source. RS 178:9. CS 189:9. GS 197:3. GL
216:3. PS 212:3. PL 324:3. RL 380:3. RSA 104:5. 1998, 297:3, eff. Jan. 1, 1999.
Sheriffs and their
deputies shall have throughout the state the same power and authority to serve
criminal or civil processes, investigate crimes and to pursue and apprehend
criminals that they have in their respective counties. Source. 1911, 147:1. PL
324:4. RL 380:4.
When the sheriff
is a party or related to either party, or interested in the suit, bill in
equity, or other process, the writ or other process in such action may be
served by the sheriff or deputy sheriff of any other county or by his own
deputy; and the sheriff may serve writs or other process upon his own deputies,
and the official bond of the sheriff's deputies shall protect him, the same as
in other cases where he is not a party, and the bond of the sheriff shall
protect his deputies on whom he may serve process. But nothing in this section
shall prevent a sheriff or his deputy from serving process or levying execution
himself in any case in which he is plaintiff by virtue of a receiptor given to
him. Source. RS 179:3. CS 190:3. GS 197:4. GL 216:4. PS 212:4. 1905, 52:2.
1917, 51:1. PL 324:5. 1937, 19:1. RL 380:5.
No sheriff, deputy
sheriff or constable is disqualified to serve a writ or other precept in which
a town or other corporation is a party by reason of his being a citizen of the
town or a member of the corporation. Source. 1844, 140. CS 189:32. GS 197:6. GL
216:6. PS 212:6. 1903, 134:15. 1905, 52:2. PL 324:6. RL 380:6. 104:9
CONSTABLES. Constables shall serve and return writs and other civil precepts to
them directed wherein the amount demanded in damages does not exceed $75, and
no others, and shall have similar powers and be subject to similar liabilities
in relation thereto as sheriffs. Source. RS 179:5. CS 190:5. GS 197:5. 1875,
9:1. GL 216:5. PS 212:5. 1917, 136:1. PL 324:7. RL 380:7.
If any such
officer refuses or neglects to serve a legal precept to him directed and
delivered for service, his fees therefor being first tendered, or without such
tender in criminal cases when the precept is indorsed by the attorney general
or solicitor, or by the clerk by order of court, he shall forfeit $50 to any
person aggrieved thereby who shall sue therefor within 3 months. Source. RS
178:10. CS 189:10. GS 197:7. GL 216:7. PS 212:7. PL 324:8. RL 380:8.
No attorney shall
be personally liable to any sheriff, or other officer authorized to serve
process, for his fees or expenses incurred in the service of any writ or other
process placed in his hands for service, except upon an express contract to pay
the fees and expenses thereon. But said officer shall have a right of action
against the person suing out such process. Source. 1899, 20:1. PL 324:9. RL
380:9.
An officer having
authority to serve process or make an arrest may require suitable aid in the
execution of his office. Any person who neglects or refuses to give such aid
when so required shall be fined not more than $20. Source. RS 178:12. CS
189:12. GS 197:8. GL 216:8. PS 212:8. PL 324:10. RL
380:10.---------------------------------- Chapter 510 - Service of writs
All original writs
and writs of mesne process shall be served 14 days before the return day to
which they are returnable, and shall be returnable to the superior court for
Rockingham County at Exeter; Strafford County at Dover; Belknap County at
Laconia; Carroll County at Ossipee; Merrimack County at Concord; Hillsborough
County at either Manchester or Nashua, as is appropriate; Cheshire County at
Keene; Sullivan County at Newport; Grafton County at Woodsville in the town of
Haverhill; and Coos County at Lancaster. Source. RS 183:1. CS 194:1. GS 204:1.
GL 223:1. 1881, 70:1. 1883, 22:1. PS 219:1. PL 331:1. RL 387:1. 1947, 121:2.
RSA 510:1. 1955, 63:1. 1969, 174:2. 1983, 382:20, eff. Jan. 1, 1986.
All writs and
other processes shall be served by giving to the defendant or leaving at his
abode an attested copy thereof, except in cases otherwise provided for. Source.
RS 183:2. CS 194:2. GS 204:2. GL 223:2. 1883, 22: 1. PS 219:2. 1893, 67:6. PL
331:2. RL 387:2. RSA 510:2. 1971, 179:10, eff. Aug. 10, 1971.
All writs and
other processes shall at the time that they are served upon the defendant
indicate on such writ or process the time, place and mode of service made upon
the defendant, and shall further indicate any attachments made upon the
property of the defendant and the time, place and method of such attachments.
Such information shall be placed upon the writ by the sheriff, deputy sheriff,
or other person authorized by law who has made such service. Source. 1973,
260:1, eff. Aug. 21, 1973.
Any person who is
not an inhabitant of this state and who, in person or through an agent,
transacts any business within this state, commits a tortious act within this state,
or has the ownership, use, or possession of any real or personal property
situated in this state submits himself, or his personal representative, to the
jurisdiction of the courts of this state as to any cause of action arising from
or growing out of the acts enumerated above.
Service of process
upon any person who is subject to the jurisdiction of this state, as provided
in this section, may be made by leaving a copy thereof, with a fee of $10, in
the hands or office of the secretary of state. Such service shall be of the
same legal force and effect as if served on the defendant at his abode or place
of business in the state or country where he resides and according to the law
of that state or country, provided that notice thereof and a copy of the
process is forthwith sent by registered mail, postage prepaid, by the plaintiff
or his attorney to the defendant at his last known abode or place of business
in the state or country in which the defendant resides. The defendant's return
receipt and an affidavit of the plaintiff or his attorney of compliance with
the section shall be appended to the process and entered therewith. In the
event that the notice and a copy of the process are not delivered to or accepted
by the defendant, the court may order such additional notice, if any, as
justice may require.
The secretary of
state shall keep a record of all process served in accordance with this
section, and said record shall show the date and hour of service in the hands
or office of the secretary of state.
The court in which
the action is pending may order such continuances as may be necessary to afford
the defendant reasonable opportunity to defend the action. The fee of $3 paid
to the secretary of state by the plaintiff at the time of the service shall be
taxed in his costs if he prevails in his suit.
The method of
service provided by this section is not exclusive and service on nonresident
individuals may be made in any other manner provided by law. Source. RS 183:5.
CS 194:5. GS 204:5. GL 223:5. PS 219:5. PL 331:4. RL 387:4. RSA 510:4. 1969,
305:1. 1989, 408:78, eff. Aug. 4, 1989.
A writ of scire
facias may be served, in case the defendant is not an inhabitant of the state,
on the attorney who appeared for him in the original action or as otherwise
provided in RSA 510:4. Source. RS 183:7. CS 194:9. GS 204:7. GL 223:7. PS
219:7. PL 331:6. RL 387:6.
When the defendant
is not an inhabitant of the state, and no mode of serving the writ is
prescribed, or service thereof cannot be made in the mode prescribed, the
action may be entered in court and such notice ordered as the case requires,
and notice of the pendency of the suit, given according to the order, shall be
sufficient service. Source. CS 194:7. 1852, 1297. GS 204:9. GL 223:9. PS 219:9.
PL 331:8. RL 387:8.
Where notice by publication
in a newspaper is ordered by any court upon any petition, writ or other similar
process, the original of which is upon file in such court, it shall be
sufficient to publish a citation containing the title of the case, the name of
the court in which it is pending, the time and place of the return and hearing,
the fact that such original is on file and may be examined by interested
parties and such other facts as the court may order. Source. 1911, 4:1. PL
331:9. RL 387:9.
Where notice by
publication in a newspaper is ordered by any court upon any petition, writ or
other similar process, the original of which is upon file in such court, it
shall be sufficient to publish a citation containing the title of the case, the
name of the court in which it is pending, the time and place of the return and
hearing, the fact that such original is on file and may be examined by
interested parties and such other facts as the court may order Service of writs
against counties may be made upon one of the county commissioners and the
treasurer for the county; against cities, upon the mayor or one of the aldermen
and the city clerk; against towns, upon one of the selectmen and the town
clerk; against school districts, upon one of the members of the school board
and the clerk of the district; and against village districts, upon one of the
commissioners and the clerk of the district. Source. RS 183:8, 9, 10. CS
194:10, 11, 12. GS 204:10. GL 223:10. PS 219:10. PL 331:10. RL 387:10. RSA 510:10.
1983, 383:71, eff. July 1, 1984. 510:11 SERVICE ON INHABITANT, WHEN. If any of
the offices specified in RSA 510:10 is vacant, the service otherwise to be made
upon the incumbent of such office may be made instead upon one of the principal
inhabitants of the county, city, town or district. Source. RS 183:8. CS 194:10.
GS 204:11. GL 223:11. PS 219: 11. PL 331:11. RL 387:11. 510:12 ON TOWN CLERK.
Whenever service of process or attachment is required to be made by leaving a
copy at the abode of a town or city clerk, it shall be deemed sufficient
service if the copy is left at his office, in case he has an office separate
from his dwelling house. Source. 1889, 73:1. PS 219:12. PL 331:12. RL 387:12.
Service of writs
or other process against unincorporated associations, joint stock companies,
limited liability companies, syndicates, orders or any mutual association of
persons, other than a partnership having not more than 4 members, within this
state may, except when otherwise provided, be made upon any officer thereof,
or, if it has no officer, then upon any 2 members thereof. Source. RS 183:9. CS
194:11. GS 204:12. GL 223:12. PS 219:13. 1917, 138:1. PL 331:14. RL 387:14. RSA
510:13. 1993, 313:13, eff. July 1, 1993.
Service of writs
against other corporations may be made upon the clerk, treasurer, cashier, or
one of the directors, trustees or managers, if any, in the state, and otherwise
upon any principal member or stockholder, or upon any agent, overseer or other
person having the care of any of the property or charge of any of the business
of the corporation. Source. RS 183:9. CS 194:11. GS 204:12. GL 223:12. PS 219:
13. 1917, 138:1. PL 331:13. RL 387:13.
Service of writs
against a railroad corporation may be made upon any person doing the business
of the corporation as ticket master for the sale of passenger tickets at any
station upon its railroad. Source. GS 204:13. GL 223:13. PS 219:14. PL 331:15.
RL 387: 15. 510:16 - MANUFACTURING CORPORATIONS. Service of a writ against a
manufacturing corporation may be made by leaving an attested copy of the writ
at the office or counting room of the corporation. Source. 1873, 17:1. GL
223:14. PS 219:15. PL 331:16. RL 387:16.
In the return of
service of trustee process against a corporation, the officer shall set forth
the hour when the copy was given or left. Source. GS 204:15. GL 223:15. PS
219:16. PL 331:17. RL 387:17.
In New Hampshire,
lobbyists and state officials are always active in transforming laws concerning
civil procedure. As a result, state
information offered on our website may have been amended recently. For contemporary process serving and civil
statutes, visit the official New Hampshire Judicial System Court website: http://www.courts.state.nh.us/
