New Hampshire Rules of Civil Procedure

New Hampshire's rules for serving a civil complaint are in the Revised Statutes Annotated (RSA), mainly RSA chapter 510, and the Rules of the Superior Court, mainly Rule 4. Witness subpoenas are covered by RSA chapter 516.

New Hampshire doesn't license private process servers. In practice, civil complaints served in the state go through the county sheriff's office.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current statutes on the New Hampshire General Court site and the rules on the New Hampshire Judicial Branch site, or ask an attorney before relying on it.

New Hampshire process servers

• Become a process server in New Hampshire
• Hire a process server in New Hampshire

Quick facts: process serving in New Hampshire

• Who can serve: In-state service of a civil summons is made by the sheriff or a deputy sheriff. The court's summons instructions tell plaintiffs to send the papers to the sheriff's office where the defendant lives.
• Licensing: New Hampshire has no process server license.
• Deadline to serve: By the service date the court sets on the summons, with the return of service filed within 21 days after that date (Super. Ct. R. 4; RSA 510:1).
• Substituted service: Leaving an attested copy at the defendant's abode counts as service (RSA 510:2).
• Proof of service: The officer notes the time, place and mode of service on the papers and completes a return of service (RSA 510:2-a).
• Time to respond: An appearance and answer are due 30 days after service (Super. Ct. R. 4).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across New Hampshire. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

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Do you need a license to serve process in New Hampshire?

No. New Hampshire doesn't license or register private process servers. But the state works differently from most: sheriffs and their deputies serve civil writs and process (RSA 104:5), and Superior Court summons instructions direct plaintiffs to the sheriff's office in the county where the defendant lives.

Private servers in New Hampshire mostly handle papers that other states allow them to serve, out-of-state cases, and witness summonses (see the subpoena section below). Before you take an in-state civil summons, check with the court or the attorney on whether a sheriff must serve it.

For more on working in the state, see Become a Process Server in New Hampshire.

How to serve a summons in New Hampshire

A civil action starts when the plaintiff files a complaint. The court then issues a summons with the filing date and a deadline for service. The plaintiff must have the summons and a copy of the complaint served as RSA 510 provides, or as otherwise allowed by law (Super. Ct. R. 4). If the defendant isn't served in time, the court will dismiss the case.

In-hand service: RSA 510:2

The officer gives an attested copy of the papers to the defendant.

Abode service: RSA 510:2

The officer leaves an attested copy at the defendant's abode. The statute doesn't require that it be left with a particular person.

Nonresident defendants: RSA 510:4

A nonresident who does business, commits a tort, or owns or uses property in New Hampshire can be served by leaving a copy with the Secretary of State with a $10 fee. The plaintiff must then send notice and a copy by registered mail to the defendant's last known address. The return receipt and the plaintiff's affidavit of compliance are attached to the process. This method is optional; other lawful methods can be used.

Court-ordered notice: RSA 510:8

If a nonresident can't be served by a method the law provides, the court can order other notice. Notice given as ordered counts as service.

Service by publication: RSA 510:9 and Super. Ct. R. 4

When the court orders publication, it names the newspapers. Notice is published once a week for three successive weeks, with the last publication by the date the court sets.

Serving businesses and other entities

• Corporations (RSA 510:14): Serve the clerk, treasurer, cashier, or a director, trustee or manager in the state. A corporation's registered agent can also accept service (RSA 293-A:5.04). If there's no registered agent or the agent can't be found, the corporation can be served by registered or certified mail to its secretary at its principal office.
• LLCs and unincorporated associations (RSA 510:13): Serve any officer, or if there is none, any two members. This doesn't apply to partnerships of four or fewer members.
• Counties, cities, towns and districts (RSA 510:10): Counties are served on a commissioner and the treasurer. Cities are served on the mayor or an alderman and the city clerk. Towns are served on a selectman and the town clerk. School and village districts are served on a board member or commissioner and the district clerk.

Look up registered agents with the New Hampshire Secretary of State business search.

Serving a subpoena in New Hampshire

A witness summons is served by reading it to the witness or by handing them an attested copy. The witness must also be paid or offered travel fees and one day's attendance fee (RSA 516:5). The statute doesn't limit who may serve it.

A witness summoned from another state to testify in New Hampshire is paid double fees (RSA 516:14).

Proof of service

When the papers are served, the officer must write on them the time, place and mode of service, plus any attachment of the defendant's property (RSA 510:2-a). The sheriff sends the return of service to the plaintiff.

The plaintiff must file the return of service with the court within 21 days after the service deadline on the summons (Super. Ct. R. 4). If the return isn't filed, the case can be dismissed.

Hire a New Hampshire process server

Find process servers in New Hampshire in the ServeNow New Hampshire directory.

More New Hampshire resources

• Become a Process Server in New Hampshire
• Courts in New Hampshire
• RSA Chapter 510: Service of Writs (New Hampshire General Court)
• RSA Chapter 516: Witnesses (New Hampshire General Court)
• Rules of the Superior Court (New Hampshire Judicial Branch)

This page is a general overview of New Hampshire law, not legal advice. Laws change. Check the current statutes or talk to an attorney about your case.