New Hampshire Process Server Service of Process in All 10 Counties, Under RSA Chapter 510

Who a writ goes to

A writ returnable to the Superior Court or the Supreme Court is directed to the sheriff of any county or the sheriff’s deputy. Writs of attachment are the exception: RSA 509:3 lets them be directed to the sheriff, the plaintiff, the plaintiff’s attorney or any other person. Under Superior Court Rule 47, an attachment needs the court’s order first: any person may serve a real estate attachment, with the order, on the Registry of Deeds, while the complaint and summons, and every other attachment, go to the sheriff or a deputy.

RSA 509:3; Super. Ct. R. 47(a)⁠(3)–⁠(4)

Circuit Court writs

RSA 509:11 directs a writ issued by a district or municipal court justice to the sheriff of any county or a deputy, or to a constable of any town in the county. A constable serves only writs in which the damages demanded stay within the limit RSA 104:9 sets. Writs of attachment may be directed to the sheriff, such a constable, the plaintiff, the plaintiff’s attorney or any other person, and in a District Division attachment case Rule 3.47 has the complaint and summons given to the sheriff or a deputy for service.

RSA 509:11, 104:9; Dist. Div. R. 3.47(a)⁠(3)

Sheriffs and deputies

The sheriff and deputies serve and execute all writs directed to the sheriff’s department, and they hold the same authority to serve civil process everywhere in New Hampshire that they hold in their own county. A deputy acts only under a written deputation from the sheriff and is sworn to the faithful discharge of the office.

RSA 104:3, 104:5(I), 104:6(I)

Special deputy for one process

A sheriff may name a special deputy for the service and return of a particular process, by a warrant indorsed on that process.

RSA 104:4

Sheriff with a stake in the case

When the sheriff is a party, is related to a party or is interested in the suit, the process may be served by the sheriff or a deputy sheriff of another county, or by the sheriff’s own deputy.

RSA 104:7

Service deadline

There is no statewide day count. The court fills in a service deadline on the summons, along with the filing date and any hearing date, and the summons and a copy of the complaint must be served by that date, as RSA 510 specifies or as otherwise allowed by law. RSA 510:1 ties original writs to the same court-set date. For a statute of limitations, the action counts as commenced on the date the complaint is filed.

Super. Ct. R. 4(b)–⁠(c); RSA 510:1

Missing the deadline

If a defendant is not served by the court-ordered deadline, the court shall dismiss the action, with or without prejudice as justice may require. Separately, Rule 1(d) lets the court waive the application of any rule as good cause appears and as justice may require.

Super. Ct. R. 4(c), 1(d)

Circuit Court, District Division

District Division civil actions for money damages that are not filed as small claims under RSA 503 follow the same pattern: the summons and a copy of the complaint are served by the court-ordered deadline, as RSA 510 specifies or as otherwise allowed by law.

Dist. Div. R. 3.4(a)–⁠(b)

Manner of service

An attested copy of the writ or process is given to the defendant or left at the defendant’s abode, except in cases otherwise provided for, that is, where the law provides another way. RSA 510:2 speaks of leaving the copy at the abode; it does not name a person there who must take it.

RSA 510:2

What the return records

At the time of service, the writ or process must show the time, place and mode of service on the defendant, and any attachment of the defendant’s property with its time, place and method. The sheriff, deputy sheriff or other person authorized by law who made the service places that information on the writ.

RSA 510:2-⁠a

Proof of service

Proof of service is due in court within 21 days of the court-ordered deadline for service.

Super. Ct. R. 4(c)

Answer period

Appearances and answers are due within 30 days of the date the defendant is served with the summons and complaint.

Super. Ct. R. 4(e)

Objecting to service

A defendant who wants to challenge personal jurisdiction, the sufficiency of process or the sufficiency of service of process must do so by a motion to dismiss filed within 30 days after being served; a defendant who misses that window is deemed to have waived the challenge.

Super. Ct. R. 9(e)

Reach over nonresidents

A person who is not a New Hampshire inhabitant and who, in person or through an agent, transacts business in the state, commits a tortious act in the state, or owns, uses or possesses property in the state submits to New Hampshire jurisdiction for causes of action arising from those acts.

RSA 510:4(I)

Nonresidents: the Secretary of State route

Process against a nonresident within RSA 510:4(I) may be served by leaving a copy, with the statutory fee, in the hands or office of the Secretary of State. The plaintiff or the plaintiff’s attorney must forthwith send notice and a copy of the process by registered mail, postage prepaid, to the defendant’s last known abode or place of business in the state or country where the defendant lives, then append the return receipt and an affidavit of compliance to the process. If the mail is not delivered or accepted, the court may order additional notice, and it may continue the case to give the defendant a reasonable opportunity to defend. The statute adds that the route is not exclusive: service on nonresident individuals may be made in any other manner provided by law.

RSA 510:4(II), (IV), (V)

Hand delivery out of state

The New Hampshire Supreme Court requires strict compliance with the service statutes for a trial court to obtain personal jurisdiction (Impact Food Sales v. Evans, 160 N.H. 386 (2010)). Applying that case in a non-precedential order, Normand Higham, P.A. v. Plant, No. 2023-0566 (N.H. Feb. 28, 2024), the Court said that absent a court order, serving a nonresident defendant in a manner other than RSA 510:4(II), including in hand or at the defendant’s abode, is ineffective. Under Supreme Court Rule 20(3), such an order has no precedential value but may be cited if it is identified as non-precedential.

Impact Food Sales, 160 N.H. 386; N.H. Sup. Ct. No. 2023-⁠0566 (Feb. 28, 2024) (non-⁠precedential order); Sup. Ct. R. 20(3)

Notice ordered by the court

When the defendant is not a New Hampshire inhabitant and no mode of service is prescribed, or service cannot be made in the prescribed mode, the action may be entered and the court orders such notice as the case requires; notice given under that order is sufficient service.

RSA 510:8

Publication

Where the court orders notice by publication and may fix its time, publication runs once a week for 3 successive weeks in a newspaper the court names, with the last notice no later than the time the court fixes. The published citation gives the case title, the court, the time and place of the return and hearing, the fact that the original is on file for inspection, and any other facts the court orders.

Super. Ct. R. 4(d); RSA 510:9

Corporations

A corporation’s registered agent is its agent for service of process. RSA 510:14 also allows service on the clerk, treasurer, cashier or one of the directors, trustees or managers in the state, and otherwise on a principal member or stockholder, or an agent, overseer or other person in charge of the corporation’s property or business. Neither route is the only means of serving a corporation. RSA 510:15 and 510:16 add routes for a railroad corporation (any person doing its business as ticket master at a station) and a manufacturing corporation (an attested copy left at its office or countingroom).

RSA 293-⁠A:5.04(a), (c); RSA 510:14–⁠510:16

Corporation with no reachable agent

If a corporation has no registered agent, or the agent cannot with reasonable diligence be served, it may be served by registered or certified mail, return receipt requested, addressed to the corporate secretary at the principal office. Service is perfected at the earliest of receipt, the date on a return receipt signed for the corporation, or five days after mailing, as shown by the postmark, if mailed postpaid and correctly addressed.

RSA 293-⁠A:5.04(b)

Foreign corporations

The registered agent of a foreign corporation authorized to do business in New Hampshire is its agent for service. Registered or certified mail, return receipt requested, to the secretary at the principal office on its application or latest annual report is available when it has no registered agent or the agent cannot with reasonable diligence be served, when it has withdrawn under RSA 293-A:15.20, or when its certificate of authority was revoked under RSA 293-A:15.31.

RSA 293-⁠A:15.10

Limited liability companies

An LLC’s registered agent is its agent for service. With no registered agent, or one who cannot with reasonable diligence be served, the LLC may be served by registered or certified mail, return receipt requested, at its principal office; these are not the only means. In New Hampshire actions involving the LLC’s business, a violation by a manager or liquidating trustee of a duty to it, or any member, serving as a manager or liquidating trustee is consent to service through the LLC’s registered agent or, if none, the Secretary of State.

RSA 304-⁠C:37, 304-⁠C:38(I)–⁠(II)

Foreign LLCs

A registered foreign LLC is served through its registered agent. A foreign LLC doing business in New Hampshire without registering is deemed to have appointed the Secretary of State its agent for legal process in actions arising out of its New Hampshire business, and that service follows RSA 510:4(II).

RSA 304-⁠C:181, 304-⁠C:182

Associations and partnerships

Unless a statute says otherwise, process against an unincorporated association, joint stock company, LLC, syndicate, order or other mutual association in the state may be served on any officer, or, with no officer, on any 2 members. A partnership of not more than 4 members is excluded from this section.

RSA 510:13

Counties, cities, towns and districts

Each public body has its own pair: for a county, a county commissioner and the treasurer; a city, the mayor or an alderman and the city clerk (or the city manager and city clerk where the manager is chief administrative officer); a town, a selectman and the town clerk; a school district, a school board member and the district clerk; a village district, a commissioner and the district clerk. If one of those offices is vacant, a principal inhabitant may be served in its place, and a clerk’s copy may be left at a separate office.

RSA 510:10–⁠510:12

Acceptance of service

On Form NHJB-2961-Se, counsel for a defendant, or a defendant representing themself, waives all formalities of service, accepts service of the summons and enters an appearance.

Form NHJB-⁠2961-⁠Se

Counting days and holidays

When the last day of a period falls on a Saturday, Sunday or legal holiday, the period runs to the end of the next day that is none of those. The RSA 288:1 holidays are January 1, Martin Luther King, Jr. Civil Rights Day, Washington’s Birthday, Memorial Day, July 4, Labor Day, Columbus Day, the biennial election day, November 11, Thanksgiving Day and Christmas Day; one falling on a Sunday is observed the next day.

Super. Ct. R. 2; RSA 288:1, 288:2

Witness summons

A clerk may issue a witness summons in a case pending in that court (RSA 516:2), a justice or judge may issue one in any case in any court (RSA 516:3), and a justice or notary may issue one for a deposition before a justice or notary (RSA 516:4). RSA 516:5 sets how it is served: the summons is read to the witness, or an attested copy is handed to the witness, and the fees established for travel to and from the place of attendance and for one day’s attendance are paid or tendered. RSA 516:5 names no particular officer to serve it.

RSA 516:2–⁠516:5

Subpoenas from other states, through 2026

Under the Uniform Foreign Depositions Law, when another jurisdiction issues a mandate, writ or commission, or testimony must be taken here on notice or agreement, a New Hampshire witness may be compelled by the same process as in a New Hampshire case. A commissioner appointed by another court of record holds a justice of the peace’s powers to procure attendance and the production of papers. RSA 517:18 is repealed effective January 1, 2027, when the same commissioner powers move to RSA 517-A:11.

RSA 517-⁠A:1 (until Jan. 1, 2027); RSA 517:18; RSA 517-⁠A:11 (eff. Jan. 1, 2027)

Subpoenas from other states, from January 1, 2027

The new RSA 517-A:3 has a party submit the foreign subpoena to the clerk of the superior court in the county where discovery is sought; that request is not an appearance. The clerk promptly issues a subpoena incorporating its terms, with the names, addresses and telephone numbers of all counsel of record and of any unrepresented party. It is served under the statutes and court rules for subpoenas in superior court civil actions, and a motion to quash, modify or enforce goes to the court in that county.

RSA 517-⁠A:3, 517-⁠A:4, 517-⁠A:6 (eff. Jan. 1, 2027)

Rules verified October 2026 against the New Hampshire Rules of the Superior Court (Rules 1, 2, 4, 9 and 47), Circuit Court District Division Rules 3.4 and 3.47, Supreme Court Rule 20, Form NHJB-2961-Se of the New Hampshire Judicial Branch, Supreme Court order No. 2023-0566 (N.H. Feb. 28, 2024) (non-precedential), and RSA 104, 288, 293-A, 304-C, 509, 510, 516, 517 and 517-A as published by the New Hampshire General Court. General information, not legal advice. The rule or statute controls.