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Subpoena Domestication in New Hampshire | Non-UIDDA | RSA 517-A:1 | Served 123 LLC

New Hampshire Is One of the Few Remaining Non-UIDDA States — Foreign Commission Required

As of 2026, New Hampshire has not adopted the Uniform Interstate Depositions and Discovery Act. New Hampshire is one of a small handful of U.S. jurisdictions — along with Connecticut (adopted UIDDA 2022 but NH still lags), Massachusetts, Missouri, Texas, and Wyoming — that continues to require the older, more formal process for out-of-state subpoenas. Under RSA 517-A:1 (the Uniform Foreign Depositions Law), witnesses in New Hampshire may be compelled to appear and testify only when a court of record in another state issues a mandate, writ, commission, or letters rogatory directing that the testimony be taken. That foreign-court document is then presented to a New Hampshire justice of the peace (for any subpoena type), a New Hampshire notary public (for depositions only per Rule 17), or a New Hampshire court officer for issuance of the New Hampshire subpoena. New Hampshire practitioners strongly recommend engaging New Hampshire counsel to handle the commission workflow and be positioned to bring enforcement proceedings if the witness objects. Served 123 LLC provides the New Hampshire counsel as part of every New Hampshire order — you get the NH-issued subpoena and service in a single unified workflow.

NH eCourt Filing — Where Superior Court Proceedings Are Needed

New Hampshire operates the NH eCourt electronic filing system for its Superior Courts and Circuit Courts. Unlike UIDDA states, most NH foreign-subpoena work does not involve a court filing at all — the NH subpoena is issued by a justice of the peace or notary under RSA 517-A:1 and served directly. eCourt filing becomes relevant only when Superior Court enforcement, a motion to quash, or a RSA 517:15 commissioner appointment is required. Our NH counsel files through NH eCourt when needed and advances any required filing fees.

NH Non-UIDDA Overview

Subpoena Domestication in New Hampshire

Because New Hampshire has not adopted the UIDDA, the streamlined clerk-submission path available in most states is unavailable here. New Hampshire continues to rely on the Uniform Foreign Depositions Law codified at RSA 517-A:1, effective January 1, 1998 (Laws 1997, 17:1). The statute provides that whenever a court of record in another state issues a mandate, writ, or commission, or whenever notice or agreement requires the taking of testimony in New Hampshire, witnesses may be compelled to appear in the same manner as for proceedings pending in New Hampshire.

The mechanics require coordination on both sides. First, counsel obtains a commission, writ, mandate, or letters rogatory from the foreign (originating) court. Second, that foreign-court document is presented to an authorized New Hampshire issuing officer — a justice of the peace (any subpoena type), a notary public (depositions only, per NH Rule 17), a judge, or a court clerk — who drafts and issues the New Hampshire subpoena in compliance with the NH Rules of Civil Procedure. Third, the NH subpoena is served in accordance with New Hampshire law, typically by a county sheriff or a private process server. Under RSA 517:18, a commissioner appointed by the foreign court has the same power in New Hampshire as an NH justice of the peace for deposition purposes.

New Hampshire has 10 counties. The New Hampshire Superior Court is the general-jurisdiction trial court and the proper forum for enforcement, motions to quash, or motions to compel once the NH subpoena has issued. Under RSA 517:15 (amended 2022, effective January 1, 2023), the NH Superior Court may appoint a commissioner to take depositions outside New Hampshire — and now expressly acknowledges UIDDA / UFDL states for out-of-NH discovery, though New Hampshire itself remains non-UIDDA for inbound work.

⚠️ Don't Assume UIDDA — New Hampshire Is Different: We see this constantly: out-of-state firms prepare a UIDDA submission packet, send it to a New Hampshire court clerk, and receive nothing back — because NH does not have a UIDDA clerk-issuance process. If you submit to us on day one, we begin the proper foreign-commission workflow immediately through our New Hampshire counsel.
New Hampshire Counsel Included — No Separate Engagement Needed: Served 123 LLC maintains a standing relationship with New Hampshire-licensed counsel dedicated to out-of-state subpoena work. On every New Hampshire order, our NH attorney handles the commission or letters rogatory workflow, drafts the NH subpoena for issuance by a justice of the peace or notary, files any necessary Superior Court motions, and coordinates service. You receive a single unified workflow — no separate New Hampshire attorney retainer, no pro hac vice paperwork, no parallel billing.
ℹ️ NH Civil Witness Fee Statute Was Repealed in 2019: New Hampshire's civil witness fee statute (former RSA 516:16, which set fees at $12 per half-day plus $0.17 per mile) was repealed in 2019. A 2025 bill to reinstate civil witness fees (HB697) did not pass. As of 2026, New Hampshire has no fixed statutory civil witness fee — a genuine anomaly among U.S. states. In practice, reasonable per-diem tenders (often tracking federal 28 U.S.C. § 1821 at $40/day plus IRS mileage) are used. Our NH counsel advises on appropriate tender at intake.
New Hampshire Submission Packet
📄 Foreign Subpoena

Properly issued subpoena from the originating state, signed by the issuing court

📜 Foreign Commission / Letters Rogatory

Commission, writ, or letters rogatory from the originating court authorizing NH deposition/production — we prepare the language

👥 Case + Party Information

Caption and case number of originating matter, all counsel of record, witness details, and target service date

💳 NH Issuance + Reasonable Tender

NH justice of the peace / notary / court issuance fee + reasonable witness tender (no fixed statutory civil rate post-2019)

New Hampshire's Five Hub Counties — Same-Day Rush on Service
MHT
Southern NH · Defense & Finance
Hillsborough County · Manchester/Nashua

New Hampshire's largest county and corporate core. BAE Systems (Nashua — major U.S. defense contractor), Fidelity Investments (Merrimack operations center, one of Fidelity's largest sites), Anthem Blue Cross NH, Elliot Hospital, Catholic Medical Center, Southern New Hampshire University. Heavy defense, financial-services, and healthcare discovery.

PSM
Seacoast · Life Sciences & Insurance
Rockingham County · Portsmouth/Salem

NH Seacoast and south-Salem retail corridor. Lonza Biologics (Portsmouth — major biotech/pharma contract manufacturing), Liberty Mutual regional operations, Portsmouth Regional Hospital, Exeter Hospital. UNH School of Law (Concord — but admissions administered here). Adjacent to Portsmouth Naval Shipyard (federal, located across the river in Kittery, Maine).

CNC
Central NH · State Capital
Merrimack County · Concord

State capital. All New Hampshire state executive agencies, NH Supreme Court, NH Legislature. Concord Hospital. UNH School of Law. Government and institutional discovery hub.

DVR
Eastern NH · Insurance & Healthcare
Strafford County · Dover

Wentworth-Douglass Hospital (Mass General Brigham affiliate), Liberty Mutual operations. University of New Hampshire (Durham, adjacent). Seacoast-metro overflow for Portsmouth and southern Maine cross-border discovery.

DHMC
Upper Valley · Academic Medical
Grafton County · Lebanon/Hanover

Dartmouth College (Hanover) and Dartmouth-Hitchcock Medical Center (Lebanon) — tertiary care academic medical center and regional referral hub for the Upper Valley across NH and Vermont. Geisel School of Medicine. Substantial academic medical and research discovery.

New Hampshire Legal Authority

  • RSA 517-A:1: Uniform Foreign Depositions Law — witnesses compelled when foreign court issues mandate, writ, or commission (effective January 1, 1998, Laws 1997 ch. 17)
  • RSA 517:18: Commissioner appointed by foreign court has same NH powers as NH justice of the peace for depositions
  • RSA 517:15: NH Superior Court may appoint commissioner to take depositions outside NH (amended 2022, eff. Jan 1, 2023 — acknowledges UIDDA / UFDL foreign jurisdictions for outbound NH discovery)
  • NH Super. Ct. R. 45: Superior Court subpoena form, service, and enforcement
  • NH Rule 17 (Rules of Criminal Procedure): Subpoena issuance — clerk, justice (any subpoena type), notary (depositions only)
  • NH R. Civ. P. (Superior Court) generally: Service and enforcement of NH subpoenas
  • RSA 516 (historical): Subpoena chapter — former § 516:16 civil witness fee ($12/half-day + $0.17/mile) REPEALED 2019; no replacement civil fee as of 2026
  • 28 U.S.C. § 1821 (federal reference): Federal witness fee benchmark often used in NH practice absent state statute — $40/day + IRS mileage
Step-by-Step

How It Works in New Hampshire

From intake to affidavit — NH counsel engaged, foreign commission / letters rogatory workflow, NH subpoena drafted and issued, service statewide across all 10 NH counties.

1

Submit Your Foreign Subpoena

Use the order form at the top of this page or email info@served123.com. Include the originating state, the New Hampshire county where the recipient is located, and your foreign subpoena PDF. Note whether you already have a commission from the foreign court, or whether our NH counsel should prepare the commission language for your originating court to sign.

2

New Hampshire Counsel Engaged

Our standing New Hampshire-licensed counsel is engaged for the domestication workflow as part of your order. You do not need to retain separate NH counsel, seek pro hac vice admission, or bill separately for attorney time — the NH attorney work is included.

⚠️ This is New Hampshire's critical distinction from UIDDA states: NH does not have a clerk-submission shortcut. The commission / letters rogatory process requires coordination with NH issuing officers, and enforcement proceedings in Superior Court require an NH-licensed attorney. Served 123 LLC handles this on every NH order.
3

Foreign Commission or Letters Rogatory Obtained

If not already in hand, our NH counsel prepares the commission, writ, or letters rogatory language for your originating court to execute. This is typically a motion and proposed order filed in the foreign (originating) court requesting authority for NH-based deposition or production. Some jurisdictions use a standard commission form; others require a custom letters rogatory motion.

4

NH Subpoena Drafted + Issued

Upon receipt of the foreign commission, our NH counsel drafts the New Hampshire subpoena in compliance with the NH Rules of Civil Procedure. The subpoena is issued by an authorized NH officer per RSA 517-A:1 and Rule 17 — an NH justice of the peace (any subpoena type), an NH notary public (depositions only), or an NH court clerk or judge. The NH subpoena becomes the operative document for service.

5

Superior Court Filing (If Needed)

Most NH foreign-subpoena work does not require a court filing. Superior Court involvement arises only if enforcement is needed (motion to compel), the witness files a motion to quash, or a commissioner appointment under RSA 517:15 is required for out-of-NH discovery. Our NH counsel handles any Superior Court filing through NH eCourt and advances filing fees.

6

Witness Fee Tender + Service

We prepare a reasonable witness fee and mileage tender — NH has no fixed statutory civil witness fee since the 2019 repeal of RSA 516:16. In practice, we benchmark to federal rates (28 U.S.C. § 1821, $40/day plus IRS mileage) or to the specific case context. Service coordinated statewide: same-day rush in the five hub counties (Hillsborough, Rockingham, Merrimack, Strafford, Grafton); scheduled field service in White Mountains and North Country counties (Coos, Carroll, Belknap, Cheshire, Sullivan).

7

Affidavit of Service Delivered

You receive a signed affidavit of service confirming full compliance with New Hampshire's foreign subpoena procedure (RSA 517-A:1 / RSA 517:18) and the NH Rules of Civil Procedure — ready for immediate filing in your originating state court.

Legal Authority

New Hampshire Foreign Subpoena Reference

RSA 517-A:1, RSA 517:18, RSA 517:15, NH Rule 17, and historical RSA 516:16 (repealed 2019) governing every New Hampshire foreign-subpoena matter.

AuthoritySubjectKey Provision
RSA 517-A:1Uniform Foreign Depositions LawWitnesses in NH compelled when foreign court issues mandate, writ, commission, or letters rogatory (eff. January 1, 1998)
RSA 517:18Foreign Commissioner PowerCommissioner appointed by foreign court has same NH powers as NH justice of the peace for taking depositions
RSA 517:15NH-Appointed CommissionerNH Superior Court may appoint commissioner to take depositions outside NH; amended 2022 eff. Jan 1, 2023 — acknowledges UIDDA foreign jurisdictions for outbound discovery (NH itself remains non-UIDDA for inbound)
NH Super. Ct. R. 45Superior Court SubpoenaSubpoena form, service, witness fee tender, and enforcement
NH Rule 17IssuanceSubpoena for court hearings, depositions, or trials issued by clerk of any court or any justice; notary may issue for depositions only
RSA 516 (generally)Subpoena ChapterGeneral NH subpoena provisions
RSA 516:16 (REPEALED)Former Civil Witness FeeFormerly set $12/half-day + $0.17/mile — REPEALED 2019; HB697 (2025) to reinstate did not pass
28 U.S.C. § 1821 (federal)Reference Witness FeeFederal benchmark often used in NH practice absent state statute — $40/day attendance + IRS mileage

*NH issuance fees vary by issuing officer (justice of the peace, notary, or court). All 10 New Hampshire counties covered. Same-day rush service available in five hub counties: Hillsborough (Manchester/Nashua), Rockingham (Portsmouth/Salem), Merrimack (Concord), Strafford (Dover), Grafton (Lebanon/Hanover). New Hampshire counsel provided on every order.

Service Package

What's Included With Every New Hampshire Order

End-to-end New Hampshire foreign-subpoena handling across all 10 counties — NH counsel engaged, commission / letters rogatory workflow, NH subpoena drafted and issued, reasonable witness fee tender, statewide service, and signed affidavit.

NH Counsel Provided

Our standing New Hampshire-licensed attorney is engaged on every NH order — no separate retainer, no pro hac vice, no parallel billing. The single biggest differentiator versus UIDDA states.

Foreign Commission Workflow

Our NH counsel prepares commission / letters rogatory language for your originating court to execute, or works with your existing commission to issue the NH subpoena.

NH Subpoena Issued

NH subpoena drafted per NH Rules of Civil Procedure and issued by NH justice of the peace, notary (depositions), judge, or court clerk per RSA 517-A:1. 5–7 business days typical from commission receipt.

NH eCourt Filing (If Needed)

Superior Court filing via NH eCourt where enforcement, motion to quash, or commissioner appointment under RSA 517:15 is required. Filing fees advanced.

Reasonable Witness Tender

Witness fee and mileage tender prepared based on federal 28 U.S.C. § 1821 benchmark or case context — NH has no fixed statutory civil rate since 2019 repeal of RSA 516:16.

Affidavit of Service

Signed affidavit confirming full NH compliance — RSA 517-A:1, RSA 517:18, and the NH Rules of Civil Procedure.

Subpoena Types

Types We Domesticate in New Hampshire

All major subpoena types under New Hampshire's commission/letters rogatory regime — with NH counsel included on every order and statewide service across all 10 counties.

👤

Deposition Subpoena (Attendance)

Commands personal testimony at deposition. Our NH counsel handles the commission/letters rogatory process and arranges issuance by NH justice of the peace or notary per RSA 517-A:1 / RSA 517:18. Service per NH Rules.

📄

Document Production

Compels production of documents, records, or ESI. Particularly common for NH Fortune corporate targets — Fidelity Investments (Merrimack operations), BAE Systems (Nashua), Liberty Mutual (Dover/Portsmouth), Lonza Biologics (Portsmouth), Anthem BCBS NH (Manchester).

🏥

Dartmouth-Hitchcock Medical Records

Dartmouth-Hitchcock Medical Center (Lebanon) is the Upper Valley's tertiary care academic medical center serving NH and Vermont. Medical-records subpoenas directed at DHMC often return data from patients seen across the Upper Valley. Our NH counsel handles DHMC-specific medical records workflow.

🛡️

BAE Systems & Defense (Nashua)

BAE Systems in Nashua is a major U.S. defense contractor (electronic warfare, precision guidance, mission systems). Defense product-liability, security-clearance, employment, and government-contractor discovery routes through Hillsborough County.

Who We Serve

Who Uses Our New Hampshire Service?

From Manchester and Nashua to Portsmouth, Concord, Dover, and the Dartmouth-Hitchcock Upper Valley — Served 123 LLC handles foreign-subpoena domestication across all 10 New Hampshire counties with NH counsel, commission workflow handling, and reasonable witness fee tender built into every order.

⚖️

Law Firms

Out-of-state attorneys needing NH discovery without retaining separate NH counsel. Our New Hampshire attorney is engaged on every order — the single-vendor path that UIDDA-only providers can't offer in NH.

🏢

Financial Services & Insurance

Counsel targeting Fidelity Investments (Merrimack operations center), Liberty Mutual (Dover/Portsmouth), Anthem Blue Cross NH (Manchester). Broker-dealer, insurance, benefits, and ERISA discovery.

🛡️

Defense & Federal Employment

Counsel targeting BAE Systems (Nashua) and related NH defense contractors. Defense product liability, security-clearance, and employment discovery for the nation's defense-industrial base in southern NH.

🏥

Healthcare & Medical Records

Counsel needing records from Dartmouth-Hitchcock Medical Center (Upper Valley tertiary care academic), Concord Hospital, Elliot Hospital and Catholic Medical Center (Manchester), Wentworth-Douglass (Mass General Brigham, Dover), and NH's regional hospital network. All 10 counties covered.

🧪

Life Sciences & Biotech

Counsel targeting Lonza Biologics (Portsmouth — major biotech/pharma contract manufacturer) and NH's expanding life-sciences cluster. Product liability, patent, FDA compliance, and commercial discovery.

🔍

Litigation Support

Legal support firms outsourcing NH work precisely because NH is not a UIDDA state — we handle NH counsel, commission / letters rogatory workflow, NH subpoena issuance, eCourt filing when needed, and statewide service.

Common Questions

New Hampshire Subpoena Domestication FAQ

The most common questions about out-of-state subpoenas in New Hampshire — including why NH is not a UIDDA state, RSA 517-A:1, the foreign commission process, the NH counsel requirement, and the 2019 witness-fee statute repeal.

No. New Hampshire is one of the few remaining states that has NOT adopted the Uniform Interstate Depositions and Discovery Act. New Hampshire continues to follow the older Uniform Foreign Depositions Law under RSA 517-A:1 (effective January 1, 1998), supplemented by RSA 517:18 (foreign commissioner power) and RSA 517:15 (NH commissioners). Under this regime, the foreign (originating) court must issue a commission, writ, mandate, or letters rogatory directing a New Hampshire justice of the peace, notary public, or court officer to take the deposition or compel production. Served 123 LLC provides New Hampshire-licensed counsel on every New Hampshire order as part of our unified workflow.
The process begins in the foreign (originating) court. Counsel obtains a commission, writ, mandate, or letters rogatory from the foreign court authorizing the taking of a deposition, testimony, or production of documents in New Hampshire. That foreign-court document is then presented to a New Hampshire justice of the peace, notary public (for depositions only), or court officer authorized to issue a subpoena. The New Hampshire subpoena is drafted and issued to comply with the New Hampshire Rules of Civil Procedure. Under RSA 517:18, a commissioner appointed by the foreign court has the same power in New Hampshire as a New Hampshire justice of the peace for deposition purposes. Under RSA 517-A:1, witnesses may be compelled to appear and testify in the same manner as for proceedings pending in New Hampshire.
Yes, as a practical matter. Because New Hampshire has not adopted the UIDDA, there is no clerk-submission shortcut. The commission and letters rogatory process requires coordination with New Hampshire justices of the peace, notaries, and (where enforcement is needed) the New Hampshire Superior Court. Most New Hampshire practitioners strongly recommend engaging New Hampshire counsel to handle the commission workflow, issue the subpoena properly, and be positioned to bring enforcement proceedings if the witness objects or fails to comply. Served 123 LLC provides New Hampshire-licensed counsel as part of every New Hampshire order — you do not need to engage separate New Hampshire counsel or seek pro hac vice admission for the subpoena domestication itself.
The New Hampshire Superior Court is the general-jurisdiction trial court and the court of enforcement for foreign subpoenas. New Hampshire has 10 counties, each with its own Superior Court. New Hampshire also has a Circuit Court (with District, Probate, and Family divisions) that handles smaller civil matters, probate, and family. For most foreign-subpoena enforcement proceedings (motions to quash, motions to compel), the Superior Court in the county where the witness is located is the correct venue. Under RSA 517:15, the New Hampshire Superior Court may appoint a commissioner to take depositions outside New Hampshire when needed.
Because New Hampshire requires obtaining a foreign commission or letters rogatory and then coordinating issuance with a New Hampshire justice of the peace or notary, typical turnaround is 5 to 10 business days from intake — longer than UIDDA-state averages. The foreign-court commission step often drives the timeline. Service on the witness generally follows within 1 to 5 business days depending on county. Same-day rush service on the service side is available in Hillsborough (Manchester/Nashua), Rockingham (Portsmouth/Salem), Merrimack (Concord), Strafford (Dover), and Grafton (Lebanon/Hanover) — the five New Hampshire hub counties — once the NH subpoena has been issued.
New Hampshire's civil witness fee statute (former RSA 516:16, which set fees at $12 per half-day plus $0.17 per mile) was repealed in 2019. As of 2026, New Hampshire has no fixed statutory civil witness fee. A 2025 bill to reinstate a witness fee (HB697) did not pass. In practice, witnesses are often paid a reasonable per-diem for time and mileage based on federal rates (28 U.S.C. § 1821 — $40/day plus IRS mileage). Served 123 LLC advises on reasonable witness-fee tender based on the type of matter and witness category at intake.
New Hampshire concentrates discovery volume in three distinct hubs. Hillsborough County (Manchester and Nashua) is the state's largest metro and hosts significant defense and financial-services employers — BAE Systems (Nashua, a major U.S. defense contractor), Fidelity Investments (Merrimack operations center), Anthem Blue Cross NH, and Southern New Hampshire University. Rockingham County (Portsmouth/Salem) hosts Liberty Mutual regional operations and Lonza Biologics. Grafton County (Lebanon/Hanover) hosts Dartmouth College and Dartmouth-Hitchcock Medical Center — the tertiary care academic medical center and regional referral hub for the Upper Valley (NH and VT). Merrimack County (Concord) is the state capital and home to state government agencies and Concord Hospital.
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