HOW TO DOMESTICATE A FOREIGN SUBPOENA IN New Hampshire
This article will provide guidance on How To Domesticate a Foreign Subpoena in New Hampshire. A party may take as many depositions as necessary in New Hampshire to adequately prepare a case for trial. The caveat is that the combined total of deposition hours does not exceed twenty unless otherwise ordered by the court for a good cause as per the UIDDA New Hampshire requirements.
An individual may have the subpoena served by the sheriff’s office in the county where the witness lives or have some other people serve it according to the UIDDA New Hampshire legislation. The individual will need to give the person serving the subpoena the completed original form plus two copies per the UIDDA and New Hampshire procedure. A copy will be given or read to the witness.
Uniform Interstate Depositions and Discovery Act (UIDDA)-New Hampshire
In the event that a warrant, writ, or commission is issued from a court of record in another state, territory, district, or foreign jurisdiction, witnesses may be compelled to testify in the same manner according to the UIDDA New Hampshire requirements.
By UIDDA and New Hampshire legislation, the clerks of all courts and justices may issue subpoenas for court hearings, depositions, and trials. Only depositions may be the subject of a subpoena issued by a notary. At the time and location stated, every individual to whom the subpoena has been issued must appear and provide evidence in accordance with the UIDDA and New Hampshire formalities stipulated. Additionally, a subpoena may require the person to whom it is addressed to produce the books or other items indicated therein at the time and location mentioned.
In order to serve a subpoena, the summons must be read aloud to the person specified, or a copy of the summons must be given to that person. Anyone over the age of eighteen may deliver a subpoena. Witnesses from other states may be summoned via subpoena, and contempt of court may be imposed for noncompliance.
Requesting that the court invalidate a summons because of incorrect service, hardship, or any other legal justification is permitted according to the UIDDA and New Hampshire. All parties must be notified of the move in writing. In the event of a hearing, the court must inform all parties of the proceedings and the outcome.
Any justice in any ongoing UIDDA New Hampshire matter may issue writs seeking witnesses. Even if the justice is an attorney representing one of the parties, they may issue a subpoena for witnesses. A party is also allowed to serve a subpoena duces tecum to obtain the production of books, papers, documents, or other items.
HOW ARE OUT-OF-STATE WITNESSES DEPOSED
The Uniform Act, RSA ch. 613 establishes a mechanism for calling out-of-state witnesses.. The New Hampshire and UIDDA regulation acknowledges the practice of making ex-parte requests to call witnesses from out of state. In order to call a witness, a party does not need to notify the witness's location in the state of its desire.
The Clerk's Office workers are barred from providing ‘legal advice’ or ‘practicing law’ to the public. As a result, Clerk's Office personnel are prohibited from [A.] interpreting a specific rule; [B.] interpreting case law; [C.] explaining the outcome of a particular action; [D.] explaining whether jurisdiction is proper in a case; answering whether a complaint properly presents a claim, or providing advice on the best procedure to achieve an objective. Information on how to do a job (e.g., the number of copies, usage of forms, etc.) and on how to comply with this Court's standards may be provided by Clerk's Office employees.
Reproducing New Hampshire UIDDA records and documents from a public terminal at the courtroom costs USD 0.10 per page while having them produced by the Clerk's Office staff costs USD 0.50 per page in cash or by putting in a written request and prepayment of USD 0.10. It costs USD 11 per certification and USD 0.50 for each page to receive certified copies of documents. There may be a two-week turnaround for copies generated by the Clerk's Office staff, depending on the request and current workload.
Subpoenas for New Hampshire and UIDDA papers in another state cannot be served if the lawsuit is ongoing in this state. New Hampshire court attorneys have the authority to issue subpoenas for depositions and documents in any other federal court district under Rule 45 of the Federal Rules of Civil Procedure. Attorneys are responsible for completing the subpoena's header with the name of the district court and the division where it will be served. Case number NH is used. When a subpoena is issued, the attorney must make sure the proper notifications are sent out. When the attorney receives the return of service, the return is held by the attorney. In order to challenge the legitimacy of the subpoena, the lawyer must file a miscellaneous case in the other district and file a notice of appeal or request to quash.
Civil subpoenas are issued by the court, not the parties involved. In civil trials, lawyers issue subpoenas to witnesses. The clerk may issue subpoenas for pro se litigants upon court order. The court sends out summonses. A summons may only be issued to someone who has filled out the summons form in its entirety.
UIDDA and NEW HAMPSHIRE
After New Hampshire implemented the Uniformed Interstate Deposition and Discovery Act on September 1, 2014, it joined the majority of states that have streamlined the process of issuing subpoenas for international depositions (UIDDA). New Hampshire and UIDDA stipulate that the clerk in the state where the out-of-state witness is located or where the deposition is scheduled has the jurisdictional basis for issuing a foreign subpoena in the state where the deposition is to take place upon presentation of a trial state court subpoena addressed to a witness and a service list of all counsel and unrepresented parties to an action.
Attorneys practicing before New Hampshire courts are empowered by Rule 45 of the Federal Rules of Civil Procedure to issue subpoenas for depositions or documents in any other federal court district. The standard subpoena form should be used to comply with the New Hampshire and UIDDA requirements. The attorney will complete the heading, indicating the District Court and Division in which the subpoena is to be served. The NH case number is used to identify the subpoena as per the New Hampshire and UIDDA. The attorney will serve the necessary notices when issuing the subpoena. When the return of service is made, the attorney holds the return. Suppose further New Hampshire and UIDDA proceedings are conducted, such as a notice of appeal or motion to quash become necessary. In that case, the attorney must open a miscellaneous case in the other district in order to litigate the validity of the subpoena.
HOW ARE OUT-OF-STATE DEPOSITIONS TAKEN IN NEW HAMPSHIRE
The parties must submit a statement at least seven (7) days before trial indicating that they have discussed and agreed on whether or not to utilize the Jury Evidence Recording System (JERS) and detailing their respective viewpoints on the use of JERS. If one party is interested in using JERS but not both, that party must make a motion asking for permission to do so. On the day of trial, the individual may register any objections they have about the list of evidence. At least one day prior to the opening of evidence, the parties must submit copies of their exhibits to the clerk's office and provide originals to the opposing party.
At least seven (7) days before trial, the parties must submit and exchange witness lists. Either side may ask the judge to let them swap witness lists if they have a strong reason to do so. Each party should make a good-faith effort to fulfill their reporting responsibilities.
If such a subpoena is presented to a United States Marshal, they must serve it the same way as in any other criminal case. Therefore, the United States Marshal should pay the fees of the witness so subpoenaed upon presentation to the Marshal of a properly executed claim form, certified by the federal defender, an assistant federal defender, or by the clerk upon the affidavit of other court-appointed counsel as per the New Hampshire and UIDDA.
A commissioner or other person appointed by any court of record of any other state, territory, or foreign country has the same New Hampshire and UIDDA powers of procuring the attendance of witnesses to give depositions before them and of requiring the production of papers and the giving of such depositions, as justices of the peace within New Hampshire with reference to depositions for use in civil causes pending within the courts.
FEATURES OF A FOREIGN SUBPOENA IN NEW HAMPSHIRE
The ‘Uniform Foreign Depositions Law’ has been implemented in New Hampshire. A witness may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state whenever a court of record in a foreign state issues a mandate, writ, or commission, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses as per the New Hampshire and UIDDA. Suppose a court in another state determines that evidence exists in New Hampshire that is necessary to them. In that case, the originating court must notify the New Hampshire court by appointing a commissioner to take depositions or by sending a letter called ‘letters rogatory,’ the New Hampshire court will comply with the request and issue a New Hampshire subpoena requiring the witness or witnesses to appear to be deposed (i.e., to give a deposition or produce records).
It is necessary to include the court name, the case name, and the case number issued by the court. The individual will be subpoenaed after entering their full name and where they may be reached. A justice of the peace, a judge in New Hampshire, or the clerk of the court where the case is pending must sign and date the subpoena.
FOR ASSISTANCE SERVING A SUBPOENA IN New Hampshire
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1. RSA ch. 613 mandates the issuance of subpoenas for witnesses who are situated outside of the state.
2. RSA 516:1 through 516:4 is where Rule 17 (a) gets its inspiration.
3. Hazelton Company v. Southwick Building Company (1963) 105 N.H. 25
4. Under Title 28 U.S.C. Section 955
5. A transcript may be obtained directly from the court reporter who covered the hearing. Call the Clerk's Office or check the PACER docket record to see which court reporter was present; the reporter will be noted in parentheses as such: (Reporter: X. NAME). Transcript requests must include the case number and hearing date. Court reporters may be able to provide the transcript of the hearing if it was taped instead of taken by a stenographer, so the Clerk's Office will inquire. The individual will be given a list of official transcriptionists by the Clerk's Office if they don't, and it will be their obligation to arrange for the transcript. A copy of the cassette will set the individual back $30.
6. Proposed Temporary Restraining Order (6) Proposed Temporary Restraining Order (5) Complaint (6) Civil Cover Sheet (7) $402.00 fee ($350.00 filing fee and $52.00 administrative cost) (8) Summons(es) (LR 65.1).
7. States participating in the UIDDA: Alabama; Alaska; Arizona; Arkansas; California; Delaware; District of Columbia; Florida; Georgia; Hawaii; Idaho; Illinois; Indiana; Iowa; Kansas; Kentucky; Louisiana; Maine; Maryland; Michigan; Minnesota; Mississippi; (Missouri pending as of 2020 HB 2570) Montana; Nevada; New Jersey; New York; North Carolina; North Dakota; Ohio; Oregon; Pennsylvania; Rhode Island; South Carolina; South Dakota; Tennessee; and the U.S. Virgin Islands.
8. Material under Federal Rule of Evidence 404(f). In accordance with the Federal Rule of Evidence 404(b), the government must inform the defendant at least seven (7) days before trial of the general nature of any evidence it wants to submit.
The parties must submit and exchange evidence lists at least seven (7) days before trial. Only impeachment-related evidence need not be mentioned.
9. Unless the other party has failed to respond to a formal request for the information requested by the motion, no move requesting discovery covered by LCrR 16.1 may be filed.
10. As provided in Fed. R. Crim. P. 17(b)
11. For the purpose of taking depositions in this state for use in causes pending in such court of record
12. Whenever any mandate, writ, or commission is issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or agreement, it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state.
13. NH Rev Stat § 517:18 (2014)
14. It is customary to pay the witness their remuneration at the time of service, in addition to any travel expenses incurred. The cost to hire a witness is $12 for each half day or $24 for each full day. Police personnel is required to pay $30 each day as a witness fee. Payments for the witness's time and services must be paid in the form of checks. The person who serves the witness with the subpoena must also hand up these checks.