New Hampshire State Process Server

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In New Hampshire, process serving refers to the legal procedure of delivering legal documents (such as summons, complaints, subpoenas, and other court-related papers) to the defendant or other parties involved in a legal case. The process serving rules are established by state law, court rules, and local practices. Here are the key aspects of process serving in New Hampshire:

1. Who Can Serve Process?

In New Hampshire, process can generally be served by any disinterested person who is at least 18 years old and not a party to the case.
Sheriffs and deputies are often the primary servers, but private process servers or others can serve process as well.
Professional process servers must be appointed by the court in certain circumstances.

2. Methods of Service

There are several ways to serve process in New Hampshire:

Personal Service: The most common method where the server delivers the documents directly to the person being served.
Substituted Service: If the defendant cannot be found, the papers may be left with a competent adult (usually at the defendant's home or business) and mailed to the defendant’s address.
Service by Mail: In some cases, documents may be served via certified mail with return receipt requested, particularly in small claims and civil cases. The defendant must sign to acknowledge receipt.
Service by Publication: When the defendant cannot be located, the court may allow service by publishing the notice in a newspaper. This requires a motion to the court and approval.
Acknowledgment of Service: If the defendant agrees to accept service, they may sign a document acknowledging receipt of the process.

3. Timeframe for Service

Generally, process must be served within 90 days of filing the initial complaint or petition. If it is not completed within that timeframe, the case may be dismissed unless the plaintiff can show good cause for the delay.

4. Service in Specific Cases

Small Claims: In small claims cases, service is often done by mail or via a sheriff.
Family Law: In family law cases (like divorce, custody, or child support), service typically follows the same rules, but specific procedures apply depending on the case type.

5. Return of Service

After the process is served, the person who served the documents must file a return of service with the court. This document confirms that the process was delivered properly.
The return of service must include details about how, when, and where the documents were served and may be filed either electronically or as a hard copy.

6. Failure to Serve

If process is not served within the allotted time or in the proper manner, the court may issue an order to extend the time for service or dismiss the case if the plaintiff cannot show diligence.

7. Service on Corporations or Government Entities

Corporations: Service must be made to the corporation’s registered agent, or another authorized individual or officer of the corporation.
Government Agencies: Special rules apply when serving government entities, which may require serving a designated individual such as the Attorney General, a specific department head, or an employee.

8. Alternative Methods of Service

Courts may approve alternative methods of service if the traditional methods (personal or substituted service) are not effective, but this typically requires a court order.