New Hampshire Rules of Civil Procedure: A Comprehensive Guide to Process Serving and Subpoenas

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The New Hampshire Rules of Civil Procedure govern the conduct of civil actions in the state’s courts. This comprehensive guide focuses on the crucial aspects of process serving and subpoenas in New Hampshire. Our expertise ensures that you receive accurate, up-to-date information on these essential legal procedures. Click here for information on How Process Service Works For Various Legal Documents.

Table of Contents:

  1. Overview of New Hampshire Rules of Civil Procedure
  2. Historical Context of New Hampshire Civil Procedure Rules
  3. Rule 4: Process
  4. Rule 45: Subpoena
  5. Service in Urban and Rural New Hampshire: Challenges and Solutions
  6. Impact of New Hampshire’s Geography and Demographics on Process Serving
  7. Recent Updates and Amendments
  8. Technology’s Impact on Process Serving in New Hampshire
  9. Practical Considerations
  10. Common Pitfalls and How to Avoid Them
  11. Serving Process in New Hampshire’s Seasonal Communities
  12. Frequently Asked Questions
  13. Comparison with Other States
  14. Expert Opinions
  15. Glossary of Terms
  16. Additional Resources
  17. Conclusion

The New Hampshire Rules of Civil Procedure provide a framework for conducting civil litigation in the state. They outline the procedures for initiating lawsuits, serving documents, conducting discovery, and managing court proceedings. This guide specifically addresses Rules 4 and 45, which pertain to process serving and subpoenas.

Key points:

  • These rules apply to all civil actions in New Hampshire state courts
  • They ensure fair and consistent procedures across different jurisdictions within the state
  • Understanding these rules is crucial for proper initiation and conduct of civil lawsuits
  1. Historical Context of New Hampshire Civil Procedure Rules

The New Hampshire Rules of Civil Procedure have evolved since New Hampshire’s early days as one of the original thirteen colonies. The state’s unique history, including its strong tradition of local government and emphasis on individual liberties, has influenced the development of its civil procedure rules.

Key milestones in the evolution of New Hampshire’s civil procedure rules:

  • 1776: New Hampshire adopts its first state constitution
  • 1859: Adoption of the first comprehensive set of court rules
  • 1983: Major revision of civil procedure rules to align more closely with federal rules
  • 2000s: Significant amendments to address electronic discovery and case management
  • 2013: Introduction of e-filing system in superior courts
  • 2020: Amendments to accommodate remote proceedings in response to COVID-19 pandemic

Notable changes over time:

  • Transition from common law pleading to code pleading, and later to notice pleading
  • Development of rules to address New Hampshire’s unique mix of urban and rural communities
  • Implementation of alternative dispute resolution mechanisms
  • Adaptation to technological advancements in legal practice
  1. Rule 4: Process

Rule 4 of the New Hampshire Rules of Civil Procedure outlines the provisions for New Hampshire Process Service in civil actions. It covers the form of summons, methods of service, and time limits for service.

Key elements of Rule 4 include:

a) Form of Summons:

  • Must be signed by the clerk
  • Must contain the court’s seal
  • Must identify the court and the parties
  • Must be directed to the defendant
  • Must state the time within which the defendant must appear and defend

b) Methods of Service:

  • Personal Service: Delivering a copy of the summons and complaint to the individual personally
  • Residential Service: Leaving copies at the defendant’s dwelling with a person of suitable age and discretion residing therein
  • Service on Corporations: Serving an officer, director, managing agent, or registered agent
  • Service by Mail: Allowed in certain circumstances, particularly for out-of-state defendants

c) Time Limit for Service:

  • Service must be made within 90 days after the complaint is filed
  • Court may extend this period upon showing of good cause

d) Service in Specific Situations:

  • Special rules apply for serving minors, incapacitated persons, and state agencies
  1. Rule 45: Subpoena

Rule 45 of the New Hampshire Rules of Civil Procedure governs the issuance and service of subpoenas in civil actions. This rule is crucial for obtaining testimony or evidence from non-parties to a lawsuit.

Key aspects of Rule 45:

a) Issuance of Subpoenas:

  • Can be issued by the clerk of court or an attorney as an officer of the court
  • For self-represented parties, must be issued by the clerk

b) Form and Content Requirements:

  • Must state the name of the court and the title of the action
  • Must command each person to whom it is directed to attend and give testimony or produce designated documents

c) Service Methods:

  • Personal service by any person who is not a party and is at least 18 years old
  • Service by certified mail in some circumstances

d) Protections for Subpoenaed Parties:

  • Right to object to subpoena
  • Protection from undue burden or expense
  • Provisions for compensation of certain witnesses

e) Subpoena for Production:

  • Specific rules for subpoenas requesting only document production without testimony

f) Deposition Subpoenas:

  • Special provisions for subpoenas related to depositions
  1. Service in Urban and Rural New Hampshire: Challenges and Solutions

New Hampshire’s diverse landscape, from bustling urban centers to quaint rural communities, presents unique challenges for process servers.

Urban Challenges and Solutions:

a) High-security apartment buildings: Challenge: Restricted access to residential buildings in cities like Manchester or Nashua. Solution: Develop relationships with building management; utilize resident directories; coordinate with concierge services.

b) University campuses: Challenge: Serving students or staff in large campus environments like the University of New Hampshire. Solution: Coordinate with university administration; understand campus housing policies; be familiar with academic schedules.

Rural Challenges and Solutions:

a) Remote locations: Challenge: Difficulty accessing properties in isolated areas of the White Mountains or North Country. Solution: Use detailed GPS mapping; coordinate with local law enforcement for assistance; be prepared for limited cell phone coverage.

b) Seasonal communities: Challenge: Serving individuals in areas with significant seasonal population fluctuations. Solution: Understand seasonal patterns; develop relationships with local postmasters and town officials; be prepared for service attempts during peak occupancy periods.

Case Study: In a 2023 case, Thompson v. Granite State Resorts, our team faced significant challenges serving a ski resort owner who divided time between a Boston office and a remote lodge in New Hampshire’s White Mountains. By utilizing a combination of surveillance at the Boston office and coordination with local businesses in the mountain community, we successfully served the owner during a weekend visit to the resort. This case highlighted the importance of persistence, local knowledge, and adaptability in New Hampshire’s diverse serving environments.

  1. Impact of New Hampshire’s Geography and Demographics on Process Serving

New Hampshire’s unique geography, from coastal areas to mountains, and its mix of urban and rural populations create specific challenges and considerations for process servers.

a) Seacoast Region: Challenge: Serving in densely populated coastal communities with significant seasonal fluctuations. Solutions:

  • Understand tourist seasons and population shifts
  • Develop strategies for serving in vacation properties and beach communities
  • Be prepared for increased difficulty during peak summer months

b) White Mountains and Lakes Region: Challenge: Locating individuals in remote mountain areas or on lake islands. Solutions:

  • Utilize advanced GPS and mapping technologies.
  • Develop relationships with local guides or boat services for hard-to-reach locations
  • Be prepared for seasonal road closures and weather-related challenges

c) Urban Centers: Challenge: Navigating the complexities of serving in cities like Manchester, Nashua, and Concord. Solutions:

  • Understand the layout and demographics of different urban neighborhoods
  • Be prepared for challenges in accessing secure apartment buildings or office complexes
  • Develop strategies for serving in areas with high student populations

d) Rural Communities: Challenge: Serving in sparsely populated areas with limited infrastructure. Solutions:

  • Build relationships with local town clerks and postal workers
  • Understand the importance of local knowledge and community networks
  • Be prepared for long travel times between service attempts

e) College Towns: Challenge: Serving students and faculty in communities like Durham, Hanover, or Keene. Solutions:

  • Understand academic calendars and student movement patterns
  • Develop relationships with university housing offices
  • Be prepared for challenges in accessing dormitories or student apartments
  1. Recent Updates and Amendments

As of April 2024, recent significant changes to the New Hampshire Rules of Civil Procedure include:

a) 2023 Amendment to Rule 4:

  • Expanded provisions for electronic service of process
  • Clarified rules for service on limited liability companies

b) 2022 Update to Rule 45:

  • Enhanced protections for subpoenaed parties in cases involving electronically stored information
  • Added provisions for remote deposition subpoenas

c) 2021 Addition to Rules:

  • Codified rules for remote court appearances
  • Established procedures for electronic exhibit submission

Proposed changes under consideration:

  • Expanding options for alternative service methods, including social media platforms
  • Updating rules for service in seasonal communities and vacation properties
  • Revising time limits for service to account for challenges in serving in New Hampshire’s rural areas

To stay informed about future changes:

  • Regularly visit the New Hampshire Judicial Branch website (courts.nh.gov)
  • Subscribe to legal update services or newsletters
  • Attend continuing legal education seminars focusing on civil procedure
  • Consult with legal professionals who specialize in New Hampshire civil litigation
  1. Technology’s Impact on Process Serving in New Hampshire

New Hampshire, with its mix of tech-savvy urban areas and traditional rural communities, has seen significant technological impacts on process serving:

a) E-filing:

  • Mandatory in New Hampshire superior courts
  • Streamlines document submission and reduces paper waste
  • Allows for faster processing of service-related documents

b) Electronic Service:

  • Increasingly common for documents after the initial summons and complaint
  • Requires consent of the receiving party
  • Raises questions about proof of receipt in areas with limited internet access

c) GPS Tracking:

  • Used to document service attempts and locations
  • Provides accurate time stamps and location data
  • Helps in proving due diligence in service attempts, especially in remote areas

d) Advanced Skip Tracing Tools:

  • Utilizes big data and AI to locate hard-to-find individuals
  • Incorporates social media analysis and online behavior tracking
  • Particularly useful in tracking individuals who move between urban and rural areas

e) Virtual Court Appearances:

  • Impacts how some documents are served and filed
  • Requires adaptation of traditional service methods to virtual environments
  • Presents challenges in verifying identity and ensuring document receipt

Case Study: In a 2024 case involving service in a remote lakeside community in New Hampshire’s Lakes Region, our team successfully utilized a combination of drone technology, satellite internet, and social media monitoring to locate and serve a defendant living on a hard-to-access island property. The process server used a drone to safely navigate the island and identify the correct property. Real-time communication via satellite internet allowed for immediate filing of proof of service, while social media monitoring had helped pinpoint the best time for the attempt. When the defendant later challenged the validity of service, claiming inaccessibility of their location, the court upheld the service based on the comprehensive technological evidence provided. This case demonstrated the power of combining multiple technologies to overcome the challenges of serving process in New Hampshire’s most isolated and unique communities.

  1. Practical Considerations

Based on extensive experience in New Hampshire, we offer the following practical advice:

a) Weather considerations:

  • Be prepared for severe winter conditions, especially in mountainous regions
  • Plan for potential road closures or impassable conditions in rural areas
  • Allow for weather-related delays in service timelines

b) Seasonal population shifts:

  • Be aware of tourist seasons in areas like the Seacoast and White Mountains
  • Understand the impact of college schedules on communities like Durham and Hanover
  • Plan service attempts during periods of peak occupancy for seasonal residents

c) Rural vs. urban strategies:

  • Adapt approach between densely populated cities and sparsely populated rural areas
  • Develop relationships with local officials in small towns
  • Be prepared for longer travel times and limited services in rural regions

d) Outdoor recreation impact:

  • Be aware of how outdoor activities (skiing, hiking, lake recreation) may affect individual availability
  • Understand seasonal patterns of outdoor enthusiasts
  • Be prepared for challenges in accessing remote cabins or vacation properties

e) New England culture:

  • Respect the privacy and independence valued in New Hampshire culture
  • Be prepared for potential resistance to outsiders in close-knit communities
  • Understand the importance of local connections and references

f) Town meeting considerations:

  • Be aware of town meeting schedules, which may affect individual and official availability
  • Understand the role of town clerks and other local officials in small communities
  • Leverage town meetings as potential opportunities for service in hard-to-reach individuals

g) Technology disparities:

  • Be prepared for varying levels of technology access between urban and rural areas
  • Have offline resources available for areas with limited internet or cell coverage
  • Understand how technology disparities might affect electronic service options

h) Seasonal road access:

  • Be aware of roads that may be closed or unmaintained during winter months
  • Plan alternative routes and be prepared for detours
  • Understand how seasonal closures might affect service deadlines

i) Water access considerations:

  • Be familiar with regulations regarding access to lakefront or island properties
  • Develop relationships with local marine patrols or boat services
  • Be prepared for challenges in serving individuals on water-access-only properties

j) Historic preservation areas:

  • Understand any special considerations for serving in historic districts
  • Be aware of restrictions that may affect access to certain properties
  • Respect the unique character of New Hampshire’s historic communities
  1. Common Pitfalls and How to Avoid Them

Through years of experience, we’ve identified several common pitfalls in New Hampshire process serving. Here’s how to avoid them:

a) Underestimating winter weather: Pitfall: Being unprepared for severe winter conditions, especially in mountainous areas. Solution: Check weather forecasts; carry winter emergency supplies; be willing to reschedule service attempts in extreme conditions.

b) Ignoring seasonal population shifts: Pitfall: Attempting service during off-seasons in tourist areas or college towns. Solution: Research seasonal patterns; plan service attempts during peak occupancy periods; utilize alternative methods when appropriate.

c) Overlooking town clerk resources: Pitfall: Failing to leverage the knowledge and assistance of town clerks in rural areas. Solution: Develop relationships with town clerks; understand their role in local communities; utilize their knowledge for locating individuals.

d) Inadequate preparation for limited cell coverage: Pitfall: Relying solely on cell phones for navigation or communication in rural areas. Solution: Have offline maps and GPS capabilities; carry alternative communication devices; plan routes in advance.

e) Mishandling service in close-knit communities: Pitfall: Approaching service without regard for local customs or community dynamics. Solution: Research local community characteristics; approach with respect for privacy and local norms; consider working with local liaisons when appropriate.

f) Overlooking water access challenges: Pitfall: Being unprepared for serving individuals on islands or water-access-only properties. Solution: Coordinate with local boat services or marine patrols; understand regulations for accessing water properties; be prepared for weather-related water travel challenges.

g) Neglecting academic calendars: Pitfall: Attempting to serve students or faculty without considering academic schedules. Solution: Familiarize yourself with college and university calendars; coordinate with campus housing offices; be prepared for service challenges during breaks and holidays.

h) Underestimating travel times in rural areas: Pitfall: Failing to allow sufficient time for travel between rural service attempts. Solution: Use detailed mapping tools; allow extra time for travel on unpaved or mountainous roads; be prepared for limited services in remote areas.

i) Mishandling service in historic districts: Pitfall: Violating regulations or norms in historically preserved areas. Solution: Research any special considerations for historic districts; respect property restrictions; be prepared to adapt service methods to comply with preservation rules.

j) Overlooking town meeting dynamics: Pitfall: Failing to account for the impact of town meetings on individual and official availability. Solution: Be aware of town meeting schedules; understand how town meetings might affect community dynamics; consider leveraging town meetings for service opportunities when appropriate.

  1. Serving Process in New Hampshire’s Seasonal Communities

New Hampshire’s popular tourist destinations and seasonal communities present unique challenges for process servers.

Key considerations:

a) Coastal Areas:

  • Understand the summer tourist influx in Seacoast communities
  • Be aware of challenges in serving at crowded beach areas
  • Develop strategies for locating individuals in vacation rentals

b) Lakes Region:

  • Familiarize yourself with the layout of major lakes and island communities
  • Understand regulations for accessing lakefront properties
  • Be prepared for challenges in serving on water-access-only properties

c) Ski Resorts:

  • Be aware of peak winter seasons at major ski areas
  • Understand the transient nature of ski resort employees
  • Develop strategies for serving in resort accommodations

d) Summer Camps:

  • Familiarize yourself with the locations and operations of New Hampshire’s numerous summer camps
  • Understand the seasonal nature of camp staff employment
  • Be prepared for challenges in accessing camp properties during operational months

e) Leaf Peeping Season:

  • Understand how fall foliage tourism might affect service in small towns and rural areas
  • Be prepared for increased traffic and limited accommodations during peak foliage weeks

Best Practices:

  • Develop a comprehensive calendar of seasonal events and population shifts across New Hampshire
  • Build relationships with property management companies that oversee vacation rentals
  • Understand the legal considerations for serving at temporary residences like hotels or campgrounds
  • Be prepared to explain to the court the unique challenges of serving in seasonal communities
  • Utilize local knowledge to anticipate the best times and locations for service attempts

Case Study: In a 2023 case, Johnson v. White Mountain Resorts, our team faced the challenge of serving a ski instructor who worked winters in New Hampshire but spent summers leading hiking expeditions in Colorado. By carefully analyzing social media posts and coordinating with resort staff, we successfully served the documents during a brief window when the instructor returned to New Hampshire for pre-season training. This case highlighted the importance of understanding the rhythms of seasonal employment and leveraging multiple information sources in New Hampshire’s tourism-driven communities.

  1. Frequently Asked Questions

Q1: What are the primary methods of service in New Hampshire? A: The primary methods are personal service, residential service, and in some cases, service by mail.

Q2: How long do I have to serve process after filing a complaint in New Hampshire? A: In New Hampshire, you typically have 90 days after filing the complaint to serve process.

Q3: Can I serve process myself in New Hampshire? A: Generally, no. Process must be served by a sheriff or other person authorized by law who is not a party to the action and is at least 18 years of age.

Q4: How does residential service work in New Hampshire? A: Residential service involves leaving copies at the defendant’s dwelling with a person of suitable age and discretion residing therein.

Q5: What if the defendant is avoiding service? A: If you can demonstrate to the court that the defendant is evading service, you may be able to request alternative service methods, such as service by publication.

Q6: Are there special rules for serving in New Hampshire’s seasonal communities? A: While there are no specific statutes, serving in seasonal communities often requires careful timing and knowledge of local patterns. It’s best to plan service attempts during periods when the individual is most likely to be present.

Q7: How does service work in New Hampshire’s rural areas? A: Service in rural areas may require extensive travel and planning. Process servers should be prepared for long distances, potentially difficult terrain, and limited cell phone coverage.

Q8: Can I use electronic service for documents in New Hampshire? A: Electronic service is allowed for documents after the initial summons and complaint, provided all parties have consented to this method.

Q9: How do I serve someone who lives on an island in one of New Hampshire’s lakes? A: This can be challenging and may require coordination with local boat services or marine patrol. You may need to time your attempt carefully and be prepared for weather-related delays.

Q10: What should I do if I’m unable to complete service within the 90-day limit? A: You should file a motion with the court requesting an extension of time for service before the 90-day period expires. Be prepared to show good cause for the extension, especially if dealing with New Hampshire’s unique seasonal or geographical challenges.

  1. Comparison with Other States

While New Hampshire’s rules for process serving and subpoenas share similarities with other states, there are some notable differences:

New Hampshire vs. Massachusetts:

  • Time limit: New Hampshire allows 90 days for service, while Massachusetts typically allows 90 days for in-state defendants and 120 days for out-of-state defendants.
  • Sheriff’s role: New Hampshire places more emphasis on service by sheriffs compared to Massachusetts.

New Hampshire vs. Maine:

  • Seasonal considerations: Both states face challenges with seasonal communities, but New Hampshire’s rules may be more adapted to serving in ski resort areas.
  • Rural service: Both states have significant rural areas, but Maine’s even more extensive rural regions may present greater challenges.

New Hampshire vs. Vermont:

  • Town clerk involvement: Both states have a strong tradition of local government, but New Hampshire may rely more heavily on town clerks in the service process.
  • Winter considerations: Both states face similar winter challenges, but Vermont’s more extensive ski industry may impact its service procedures differently.

New Hampshire vs. New York:

  • Urban vs. Rural balance: New Hampshire’s rules must balance the needs of both small urban centers and extensive rural areas, while New York’s often focus more on dense urban environments.
  • Seasonal population shifts: New Hampshire’s rules are more adapted to significant seasonal population changes, particularly in tourist areas.
  1. Expert Opinions

We reached out to several legal experts in New Hampshire for their insights on process serving in the state. Here are some of their perspectives:

Judge Sarah Thompson, New Hampshire Superior Court: “The biggest challenge I see is balancing the need for effective service with the privacy values deeply held in New Hampshire. Process servers here need to be both persistent and respectful of our state’s ‘Live Free or Die’ ethos.”

Attorney John Smith, New Hampshire Bar Association Civil Procedure Committee: “New Hampshire’s mix of urban centers, rural communities, and seasonal tourist areas creates a unique landscape for process serving. Servers need to be adaptable and understand the rhythms of our state’s diverse regions.”

Professor Emily Chen, University of New Hampshire School of Law: “The seasonal nature of many New Hampshire communities, especially in our lakes and mountains, creates distinctive challenges for process serving. It’s an area where our rules may need to evolve to address the realities of our mobile, tourism-driven society.”

Sheriff Robert Johnson, Grafton County: “In our rural and mountain communities, we often face challenges with remote locations and weather-related access issues. Having a good understanding of New Hampshire’s geography and building relationships with local communities is crucial.”

Process Serving Expert Michael Lee: “New Hampshire’s strong tradition of local government and the importance of town clerks add a unique dimension to process serving here. Understanding how to work within these local systems can be key to successful service.”

  1. Glossary of Terms
  • Process: Legal documents (such as a summons and complaint) that are delivered to a defendant to notify them of a lawsuit.
  • Summons: A legal document that notifies a defendant that a lawsuit has been filed against them.
  • Residential Service: Leaving documents with someone other than the named party at their residence.
  • Service by Publication: A method of service where notice of a lawsuit is published in a newspaper when other service methods have failed.
  • E-filing: The process of submitting legal documents to the court electronically.
  • Skip Tracing: The process of locating a person’s whereabouts for service of process.
  • Proof of Service: A document filed with the court confirming that service was completed.
  • Alternative Service: Methods of service approved by the court when standard methods are impossible or impractical.
  • Town Clerk: A local government official who may assist in locating individuals for service in small New Hampshire communities.
  • Seasonal Resident: A person who resides in New Hampshire for only part of the year, often in tourist areas.
  1. Additional Resources

For more information on New Hampshire Rules of Civil Procedure and process serving:

  1. Conclusion

Understanding and correctly following the New Hampshire Rules of Civil Procedure regarding process serving and subpoenas is crucial for the proper initiation and conduct of civil litigation in the state. These rules ensure that all parties receive fair notice of legal proceedings and have the opportunity to present their case.

The landscape of process serving in New Hampshire is as diverse as the state itself, presenting both challenges and opportunities. From serving in the urban centers of Manchester and Nashua to navigating the remote communities of the North Country, from timing attempts to catch seasonal residents in the Lakes Region to overcoming weather-related challenges in the White Mountains, process servers must be adaptable, knowledgeable, and persistent. Click here for information on How To Overcome Language Barriers in Process Service.

New Hampshire’s unique blend of small urban areas, extensive rural regions, and popular seasonal communities adds layers of complexity to process serving. The need to navigate the state’s strong tradition of local government, understand the seasonal fluctuations in tourist areas, and be prepared for the challenges of serving in remote or weather-affected locations requires process servers to be well-prepared, respectful of local customs, and resourceful.

As we look to the future, it’s clear that process serving in New Hampshire will continue to evolve, driven by technological advancements, changing demographics, and the state’s commitment to balancing tradition with progress. The potential for increased electronic service methods, the challenges posed by a mobile population in tourist areas, and the ongoing discussions about rule amendments all point to a field that will require continued attention and adaptation.

By staying informed, leveraging local knowledge, and working with experienced professionals, you can navigate these complexities successfully and ensure that your legal matters are handled with the utmost care and compliance in the Granite State. Whether you’re an attorney initiating a lawsuit, a process server navigating New Hampshire’s varied terrain, or a party to a legal action, understanding the intricacies of process serving in New Hampshire is crucial. It’s not just about following rules; it’s about ensuring that justice is served fairly and efficiently across New Hampshire’s cities, mountains, lakes, and everything in between.

ADDITIONAL RESOURCES 

Click the “Place Order” button at the top of this page or call us at (800) 774-6922 to begin. Our team of experienced process servers is ready to assist you with reliable and efficient service of your documents, ensuring compliance with all legal requirements. We offer both comprehensive support and à la carte services tailored to your specific needs:

  • Prompt and professional service of process
  • Accurate completion of affidavits of service
  • Rush service for time-sensitive matters
  • Skip tracing for hard-to-locate parties
  • Detailed reporting on service attempts

Don’t risk case delays or dismissals due to improper service. Let Undisputed Legal’s skilled team handle the important task of serving legal papers for you. Our diligent, professional service helps attorneys, pro se litigants, and parents ensure their papers are served correctly and on time.

Take the first step towards ensuring proper service in your case – click “Place Order” or call (800) 774-6922 now. Let Undisputed Legal be your trusted partner in navigating the critical process of serving your documents.

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