HB 1361 - AS INTRODUCED
2016 SESSION
\t16-2523
\t09/04
HOUSE BILL\t1361
AN ACT\trelative to service of process by attorneys and justices of the peace.
SPONSORS:\tRep. Hull, Graf. 9
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill permits attorneys and justices of the peace to serve process in the same manner as sheriffs and deputy sheriffs.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2523
\t09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to service of process by attorneys and justices of the peace.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Attorneys; Power to Serve Process. Amend RSA 311 by inserting after section 5 the following new section:
\t311:5-a Power to Serve Process. Attorneys shall have the same power to serve process as sheriffs and deputy sheriffs and all laws governing service of process by sheriffs and deputy sheriffs shall apply to the service of process by attorneys.
\t2 Justices of the Peace; Power to Serve Process. Amend RSA 455-A:3 to read as follows:
\t455-A:3 Powers.
\t\tI. Every justice of the peace shall have the power to administer oaths, perform marriage ceremonies, acknowledge instruments, and any other power prescribed by law.
\t\tII. A justice of the peace signing an acknowledgment or jurat on any document or instrument shall type, print, or stamp the name of the justice of the peace and state the expiration date of his or her commission on the document or instrument. However, failure to meet these requirements shall not impair the legal validity of any acknowledgment or jurat.
\t\tIII. Justices of the peace shall have the same power to serve process as sheriffs and deputy sheriffs and all laws governing service of process by sheriffs and deputy sheriffs shall apply to the service of process by justices of the peace.
\t3 Effective Date. This act shall take effect January 1, 2017.