|
New Hampshire Rules of Civil Procedure
Because the rules of civil procedure may change from time to time, please check the New Hampshire Courts website for updated and complete rules of civil procedure in New Hampshire.
Rules of Civil Procedure in New Hampshire: Chapter 104 - Sheriffs and constables 104:4 Special Deputy. A sheriff may appoint a special
deputy for the service and return of
any process, by warrant indorsed
thereon, in the manner heretofore
practiced. i. 104:5 Duties.
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. 104:6 Powers. 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. 104:7 Interest in Suit. 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 i.any
case in which he is plaintiff by
virtue of a receiptor given to him.
104:8 Limitation. 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. 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 i.sheriffs.
104:10 Neglect of Duty. 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. 104:11 Liability for Fees. 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
i.expenses thereon. But said officer
shall have a right of action against
the person suing out such process. 104:12 Requiring Aid. 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. Chapter 510 - Service of writs 510:1 Time; Where Returnable. 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.i.
510:2 Manner. 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. 510:2-a Contents of Writs and Processes. 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
i.shall be placed upon the writ by
the sheriff, deputy sheriff, or
other person authorized by law who
has made such service. 510:4 Nonresident Defendant.
510:6 - Scire Facias. 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. 510:8 Other Notice. 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. 510:9 Publication. 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
i.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. 510:10 Defendant County, etc. 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. 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 principali.
inhabitants of the county, city,
town or district. 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. 510:13 Associations. 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. 510:14 Corporations. 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
i.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. 510:15 - Railroads. 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. 510:16 - Manufacturing Corporations. Service of a writ against a
manufacturing corporation may be
made by leaving an i.attested copy
of the writ at the office or
counting room of the corporation.
510:17 Trustee Process Return. 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. CivilProcedure.info does not warrant the accuracy of these rules of civil procedure or laws. The rules of civil procedure or laws listed on CivilProcedure.info are only a starting point for reference, and are not meant to be legal advice or a replacement for legal console. Please consult a process server in your area, county, or state if you have any questions about process service there. |