Question from bones, What is the process of service in New Hampshire, USA?
Answer from AI:
The process of service is a legal procedure in which a party to a lawsuit gives an appropriate notice of initial legal action to another party, court, or administrative body. In New Hampshire, USA, this process is governed by the New Hampshire Rules of Civil Procedure, specifically Rule 4.
Who Can Serve Papers?
According to Rule 4.1, any person who is not a party and is at least 18 years old can serve the papers. This includes law enforcement officers, professional process servers, and even friends or family members, as long as they meet the age requirement and are not involved in the case.
What is the Method of Service?
The method of service in New Hampshire can be personal, by mail, or by publication, depending on the circumstances.
- Personal Service: This involves delivering a copy of the papers directly to the person to be served. If the person to be served refuses to accept the papers, they can be left in their presence.
- Service by Mail: This involves sending the papers by certified mail with a return receipt requested.
- Service by Publication: If the person to be served cannot be located, the court may allow service by publication in a newspaper.
What are the Time Limits for Service?
Under Rule 4(j), the service of the summons and complaint must be made within 90 days after the filing of the complaint. If service is not made within this time, the court may dismiss the case.
What Happens After Service?
Once the papers have been served, the server must provide proof of service. This is usually done by filling out an “Affidavit of Service” form, which is then filed with the court.
What if Service is Evaded?
If a person is evading service, there are other methods that can be used, such as service by publication. However, these methods require court approval.
This is a general overview of the process of service in New Hampshire. The specifics can vary depending on the type of case and the specific circumstances. Therefore, it is recommended that individuals consult with a legal professional for personalized advice.
For more information, you can refer to the New Hampshire Rules of Civil Procedure.
The answer is written by AI.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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