HB325 (2010) Detail

(New Title) establishing standards for adequate service of process and establishing a commission to study service of process by laypersons.


HB 325 – AS AMENDED BY THE HOUSE

06Jan2010… 2522h

2009 SESSION

09-0630

09/01

HOUSE BILL 325

AN ACT establishing standards for adequate service of process and establishing a commission to study service of process by laypersons.

SPONSORS: Rep. Ulery, Hills 27; Rep. Rowe, Hills 6; Rep. W. O'Brien, Hills 4

COMMITTEE: Judiciary

ANALYSIS

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Jan2010… 2522h

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 and establishing a commission to study service of process by laypersons.

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. In the absence of other provisions of law or order of the court, the following standards for service of a subpoena, summons, order of notice, or petition shall apply:

I. Service of a subpoena, summons, order of notice, or petition may be made either by delivering in hand or reading to the person who is the subject of the subpoena, summons, order of notice, or petition in the presence of that person. Such service is known as “personal service.” 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 petition, the document or documents may be posted in an obvious place at or near 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, registered or certified mail, return receipt request and postage prepaid, with 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, non-profit organization, or other association, service shall be made on the registered agent of the entity. If service is unable to be made on a registered agent or if the entity does not have a registered agent, then service on an officer, manager, employee, or 2 members of an association is permitted. The actual person or persons served shall be requested to provide his or her name or their names and the name or names shall be noted on the return of service. If the person served refuses to provide his or her name, a description of the circumstances and the person receiving the document or documents shall be noted on the return of service. Refusal to provide the name may result in a personal finding of contempt of court if the court determines that the refusal was in bad faith to frustrate service of process.

V. If the address of service is at a gated community, the document or documents may be left with the person operating the security gate or entrance if entry is denied and a copy of the document or documents mailed via United States Mail, registered or certified mail, return receipt request and postage prepaid, to the address where the document or documents were posted.

VI. The return of service shall indicate the date, time, location, and method of service and shall be signed by the person or persons served, or if signature is refused, a description of the circumstances and person served. All returns shall be made under oath or under the pains of perjury.

2 Service of Process; Nonresident Defendant. Amend RSA 510:4, II to read as follows:

II. SERVICE OF PROCESS ON SECRETARY OF STATE. Service of process upon any person who is subject to the jurisdiction of this state, as provided in this section, may be made by leaving a copy thereof, with a fee of $10, in the hands or office of the secretary of state. Such service shall be of the same legal force and effect as if served on the defendant at his abode or place of business in the state or country where he resides and according to the law of that state or country, provided that notice thereof and a copy of the process is forthwith sent by [registered mail, postage prepaid] registered or certified mail, return receipt requested and postage prepaid, by the plaintiff or his attorney to the defendant at his last known abode or place of business in the state or country in which the defendant resides. The defendant’s return receipt and an affidavit of the plaintiff or his attorney of compliance with the section shall be appended to the process and entered therewith. In the event that the notice and a copy of the process are not delivered to or accepted by the defendant, the court may order such additional notice, if any, as justice may require.

3 Commission Established.

I. There is established a commission to study service of process by laypersons.

II.(a) The members of the commission shall be as follows:

(1) Two members of the house of representatives, appointed by the speaker of the house of representatives.

(2) One member of the senate, appointed by the president of the senate.

(3) One member with expertise in local and county issues, appointed by the New Hampshire Municipal Association.

(4) One sheriff, appointed by the New Hampshire Sheriffs' Association.

(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III. The commission shall study service of process by laypersons.

IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Three members of the commission shall constitute a quorum.

V. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2010.

4 Effective Date.

I. Section 3 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect January 1, 2011.