HB 325 – AS INTRODUCED
2009 SESSION
09/01
HOUSE BILL 325
AN ACT establishing standards for adequate service of process.
SPONSORS: Rep. Ulery, Hills 27; Rep. Rowe, Hills 6; Rep. W. O'Brien, Hills 4
This bill establishes standards for adequate service of process.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0630
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing standards for adequate service of process.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Standards for Adequate Service of Process. Amend RSA by inserting after chapter 510 the following new chapter:
CHAPTER 510-A
STANDARDS FOR ADEQUATE SERVICE OF PROCESS
510-A:1 Standards for Adequate Service of Process. Notwithstanding any other provision of law, the following standards for service of a subpoena, summons, or complaint shall apply:
I. The best practice for service of a subpoena, summons, or complaint is either delivering in hand or reading to the person who is the subject of the subpoena, summons, or complaint. If the person is not available at the time delivery is attempted, the document or documents may be given to a member of the person’s household who is over the age of 18 and of apparent mental competency. Such service is known as “substitute service at place of abode.”
II. If there is no one at the last and usual place of residence of the person who is the subject of the subpoena, summons, or complaint, the document or documents may be posted to the main entry door of the last and usual place of abode and a copy of the document or documents mailed via United States Mail, address service requested, to the address where the document or documents were posted. It is the duty of the server to deliver any returned mail to the person requesting service. Such service is known as “posting service at place of abode.”
III. If service is attempted at a place of employment, only personal service is permitted.
IV. If service is on a business entity, service shall be attempted on the registered agent of the entity. If the registered agent is unknown, then service on an officer, manager, or employee of the entity (in that order) is allowed. The name of the real person served should be obtained. If the name is not provided, then a description of the person receiving the document or documents is required. A person receiving the document or documents on behalf of a public corporation or charitable enterprise regulated by the state is required to provide his or her full name. Failure to provide the name may result in a personal finding of contempt of court.
2 Effective Date. This act shall take effect January 1, 2010.