Uniform Interstate Depositions and Discovery Act-New Hampshire

The Uniform Law Commission promulgated the Uniform Interstate Depositions and Discovery Act (UIDDA) in 2007. The goal of UIDDA is to make it more efficient and inexpensive to depose out-of-state individuals and to produce discoverable materials located out of the trial state.

Under UIDDA, litigants can present a clerk of the court located in the state where discoverable materials are sought with a subpoena issued by a court in the trial state. Once the clerk receives the foreign subpoena, the clerk will issue a subpoena for service upon the person or entity on which the original subpoena is directed. The terms of the issued subpoena must incorporate the same terms as the original subpoena and contain the contact information for all counsel of record and any party not represented by counsel.

The Act requires minimal judicial oversight and eliminates the need for obtaining a commission or local counsel in the discovery state, letters rogatory, or the filing of a miscellaneous action during the discovery phase of litigation. Discovery authorized by the subpoena must comply with the rules of the state in which the discovery occurs. In addition, motions to quash, enforce, or modify a subpoena issued pursuant to the Act shall be brought in and governed by the rules of the discovery state.

Below is the guidance on obtaining testimony/statement or produce documents in New Hampshire

New Hampshire
N.H. REV. STAT. ANN. § 517:18 ; N.H. REV. STAT. ANN § 517.18
Sample Summons https://law.justia.com/codes/new-hampshire/2010/titleliii/chapter516/section516-1/
New Hampshire Judicial Branch https://www.courts.state.nh.us

New Hampshire requires a commission: “A commissioner or other person appointed by any court of record of any other state . . . for the purpose of taking depositions in this state for use in causes pending in such court of record, shall have the same powers of procuring the attendance of witnesses to give depositions before him, and of requiring the production of papers and the giving of such depositions, as justices of the peace within this state with reference to depositions for use in civil causes pending within the courts of this state.” N.H. Rev. Stat. § 517:18. Section 516:1 provides the form for writs of summons to witnesses, and section 516:3 indicates that any justice may issue these writs for witnesses in cases pending before any justice or judge, in any case in any court. N.H. Rev. Stat. §§ 516:1; 516:3; but see N.H. Rev. Stat. § 516:4 (permitting notaries to issue writs for witnesses to appear before them for depositions in any matter).