Unlike many other states, New Hampshire has not adopted the Uniform Interstate Depositions and Discovery Act (UIDDA). This means that domesticating an out-of-state subpoena in New Hampshire requires court involvement and an attorney licensed in New Hampshire to submit the request.
Understanding Subpoena Domestication in New Hampshire
A subpoena issued in another state does not automatically carry legal authority in New Hampshire. Instead, the subpoena must be formally filed with a New Hampshire court, and approval must be obtained before it can be enforced.
New Hampshire Law on Subpoena Domestication
Under New Hampshire Revised Statutes Annotated (RSA) 517:18, an out-of-state subpoena must be approved and issued by a New Hampshire court before it can be valid for service. This requires filing a formal request with the court through a New Hampshire-licensed attorney.
Step-by-Step Guide to Domesticate an Out-of-State Subpoena in New Hampshire
1. Obtain a Valid Subpoena from the Issuing State
Before beginning the domestication process, ensure that the subpoena complies with the issuing state’s laws and includes all necessary details, such as the requested testimony, documents, or evidence.
2. Retain a New Hampshire-Licensed Attorney
Since New Hampshire is not a UIDDA state, only a New Hampshire-licensed attorney can file the subpoena in court. Served 123 LLC is commissioned to domesticate subpoenas in New Hampshire and can facilitate the entire process through our legal network.
3. File a Petition with the New Hampshire Superior Court
The New Hampshire attorney will prepare and file a petition with the appropriate New Hampshire Superior Court in the county where discovery is sought. The court will review the request and issue a New Hampshire subpoena if approved.
4. Ensure Compliance with New Hampshire’s Subpoena Requirements
The reissued New Hampshire subpoena must comply with:
Providing reasonable time for compliance (RSA 517:18).
Avoiding undue burden or expense on the subpoenaed party.
Following New Hampshire discovery limitations and procedural rules.
5. Properly Serve the Subpoena
New Hampshire requires subpoenas to be served according to New Hampshire Rules of Civil Procedure Rule 4. Acceptable service methods include:
A licensed New Hampshire process server
The county sheriff
Any individual authorized under NH R. Civ. P. 4
Proper documentation of service is required to ensure the subpoena is legally enforceable.
6. Handling Objections and Motions to Quash
Under New Hampshire law, a recipient has the right to object or file a motion to quash if the subpoena is overly burdensome, lacks jurisdiction, or requests privileged information. If objections arise, the requesting party may need to file a motion to compel with the New Hampshire Superior Court.
7. Enforcing Compliance or Filing a Motion to Compel
If a subpoenaed party refuses to comply, the requesting party can file a motion to compel in the New Hampshire court. Non-compliance may result in legal penalties, including contempt of court.
Why Choose Served 123 LLC for Subpoena Domestication in New Hampshire?
Because New Hampshire is not a UIDDA state, the domestication process involves additional legal steps, including court approval and attorney involvement.
Served 123 LLC is commissioned to domesticate subpoenas in New Hampshire and can complete the process in-house, ensuring a smooth and efficient process. Our costs include:
The preparation of all necessary documents for a successful process (unless additional information is needed from you, which we will inform you of).
The filing fee to the state.
The delivery and retrieval of the subpoena from the court.
Prompt service of process.
Our expert team ensures accuracy at every step, so you can focus on your legal matters without unnecessary hurdles.
Consider Served 123 LLC for professional and efficient subpoena domestication services in New Hampshire. Contact us today to get started!
