HB 1580-FN – AS INTRODUCED
2008 SESSION
09/01
HOUSE BILL 1580-FN
AN ACT relative to witness fees and writs for depositions.
SPONSORS: Rep. Ulery, Hills 27
This bill establishes a fee to be charged to witnesses who fail to appear after summons. The bill also increases fees paid to witnesses for attendance at court.
The bill also clarifies that only justices may issue writs for depositions.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2189
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to witness fees and writs for depositions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Writs for Depositions. Amend RSA 516:4 to read as follows:
516:4 Issue, for Depositions. Any justice [or notary] may issue such writs for witnesses to appear before himself or herself or any [other] justice or notary, to give depositions in any matter or cause in which the same may be lawfully taken.
2 Neglect to Attend. Amend RSA 516:6 to read as follows:
516:6 Neglect to Attend. If a person so summoned neglects to attend or to give his or her attendance so long as may be necessary for the purpose for which he or she was summoned, or refuses to testify or to give his or her deposition if required, having no reasonable excuse therefor, he or she shall be liable to the party aggrieved for all damages sustained thereby and liable to the court for a $100 fee.
3 Penalty. Amend RSA 516:7 to read as follows:
516:7 Penalty. Every court, justice, and notary, before whom a person has been summoned to appear and testify or to give a deposition, may bring the person neglecting or refusing to appear or to testify or to give a deposition, by attachment, before them, and if, on examination, such person has no reasonable excuse, such person shall be guilty of a violation, shall pay a $100 fee to the court, and may be ordered to pay costs.
4 Neglect to Attend. Amend RSA 516:15 to read as follows:
516:15 Neglect to Attend. If any such director, officer or agent shall wilfully neglect or refuse to appear, produce books, records or papers, or to testify or give his or her deposition as required by such order or summons, the superior court, upon notice and hearing, may thereupon appoint a receiver to manage and control such corporation until the reasonable and just orders of the court shall be complied with, and when such orders shall have been complied with, such receiver shall be discharged and the court shall order the corporation to pay a fee of $100.
5 Witnesses; Attendance; Travel. Amend RSA 516:16 to read as follows:
516:16 Attendance; Travel. The fees of law enforcement officers shall be [$30] $50 for each day’s attendance and for all other witnesses shall be [$12] $25 for each half day’s attendance before a municipal, district, superior, or probate court or legally constituted auditors, referees, magistrates or officials having the power to summon witnesses, except as otherwise specially provided; for each mile’s travel to and from the place of testifying, mileage shall be paid at the maximum rate [of $.17 per mile] established under the Internal Revenue Code; mileage to be allowed for each day’s attendance where the witness is required to leave the town or city in which he or she resides to testify.
6 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2189
Revised 01/16/08
HB 1580 FISCAL NOTE
AN ACT relative to witness fees and writs for depositions.
FISCAL IMPACT:
The Judicial Branch, the Department of Justice, and the New Hampshire Municipal Association have determined this bill may increase state and local revenue and increase state expenditures by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on county revenue or county and local expenditures.
METHODOLOGY:
The Judicial Branch stated this bill amends various sections of RSA 516, dealing with summoning witnesses. The elimination of notaries from being able to issue summonses may have an indeterminable impact on Branch expenditures. The Branch has had little involvement in the mechanics of issuing summonses. If the elimination of the authority of notaries in this area merely causes most summonses to be issued by justices of the peace or whether it results in more being done judicially will determine the fiscal impact on the Branch. The addition of a $100 fee paid to the court for failure to attend following a summons may result in increased general fund revenue. However the amount cannot be determined. A person who did not respond to a summons is unlikely to be a person who would easily come to court to pay a $100 fine. Therefore the potential for increased revenues is offset by the possibility of the Branch having to expend resources to collect the fees. The increase in witness fees and mileage payments with respect to summonses will have no fiscal impact on the branch since these fees are paid, in the first instance, by the party issuing the summons.
The Department of Justice stated it does not have information to project the revenue and expenditures that may be associated with the $100 fee and penalty for failure to appear when summoned. The Department is able to estimate the impact on state expenditures related to the increased appearance fees and mileage reimbursement. The Department assumed the average number of appearances and mileage for FY 2006 and FY 2007 will remain constant in FY 2009 through FY 2012.
Police |
Civilians | |
Average appearances per year |
23,188 |
12,421 |
Average mileage per year |
181,009 |
186,965 |
The appearance fee for police will increase from $30 to $50 and for civilian half day appearances the rate will increase from $12 to $25. Additionally, mileage reimbursement will increase from $0.17 to $0.505 per mile. The Department assumes one-half year increases in FY 2009 and provides the following increased expenditures:
FY 2009 |
FY 2010 |
FY 2011 |
FY 2012 | |
Police |
||||
Appearances |
$231,880 |
$463,760 |
$463,760 |
$463,760 |
Mileage |
$30,319 |
$60,638 |
$60,638 |
$60,638 |
Civilians |
||||
Appearances |
$80,737 |
$161,473 |
$161,473 |
$161,473 |
Mileage |
$31,317 |
$62,633 |
$62,633 |
$62,633 |
Total |
$374,252 |
$748,504 |
$748,504 |
$748,504 |
The Municipal Association stated this bill would increase witness fees paid to police officers for court attendance from $30 to $50 per day. Since these fees typically are paid over to the municipality to offset the officer’s salary, this increase would result in some increased revenue to municipalities. However, the Municipal Association has no information on frequency of court attendance by municipal police officers, therefore the fiscal impact on local revenue cannot be determined.
The Department of Safety stated this bill will have no fiscal impact on the Department. Witness fees paid to Department law enforcement personnel are based on their regular hourly salary at time and a half.
The Association of Counties stated this bill will have no fiscal impact on the Counties.