Affidavit of Service - New Hampshire

STATE OF NEW HAMPSHIRE

[________________________________] COURT

[________________________________] COUNTY

Docket No.: [________________________________]

[________________________________],

Plaintiff,

v.

[________________________________],

Defendant.

AFFIDAVIT OF SERVICE

I, [________________________________] ("Affiant"), being duly sworn, depose and state under oath as follows:

I. AFFIANT'S IDENTITY AND QUALIFICATIONS

1. My full legal name is: [________________________________]

2. My date of birth is: [__/__/____]

3. My residential address is: [________________________________], [________________________________], New Hampshire [____]

4. I am at least eighteen (18) years of age, of sound mind, and competent to testify to the matters set forth in this Affidavit.

5. I am not a party to the above-captioned action and have no personal or financial interest in its outcome.

6. I am authorized to serve legal process in the State of New Hampshire in the following capacity:

☐ Sheriff of [________________________________] County
☐ Deputy Sheriff of [________________________________] County
☐ Constable of the Town/City of [________________________________]
☐ Licensed Process Server — Registration/License No.: [________________________________]
☐ Attorney authorized to make service under applicable rules
☐ Other person authorized by law: [________________________________]

7. My law enforcement or process server identification number (if applicable): [________________________________]

II. CASE INFORMATION

8. The above-captioned action is a civil matter pending before the [________________________________] Court, [________________________________] County, State of New Hampshire, Docket No. [________________________________].

9. The Plaintiff in this action is: [________________________________]

10. The Defendant (person or entity to be served) is: [________________________________]

III. DOCUMENTS SERVED

11. I served the following documents (collectively, the "Service Documents"):

☐ Writ of Summons
☐ Complaint / Petition
☐ Order of Notice
☐ Motion for Temporary Restraining Order
☐ Motion for Preliminary Injunction
☐ Subpoena
☐ Notice of Hearing — Hearing Date: [__/__/____]
☐ Amended Complaint / Amended Petition
☐ Cross-Claim
☐ Third-Party Complaint
☐ Other: [________________________________]
☐ Other: [________________________________]

12. The total number of pages served was: [____]

☐ An attested copy of each writ or other process was served where RSA 510:2 applies; attestation details: [________________________________].

13. True and correct copies of all Service Documents are attached hereto as Exhibit A.

IV. METHOD OF SERVICE

14. The method of service used was:

Personal Service (RSA 510:2; N.H. Super. Ct. R. 4)

☐ In-Hand Service to Named Individual. I personally delivered true and correct copies of the Service Documents directly into the hands of the person to be served, who identified themselves as [________________________________].

☐ In-Hand Service to Authorized Agent of Entity. I personally delivered true and correct copies of the Service Documents to [________________________________], who identified themselves as [________________________________] (title/position) of [________________________________] (entity name), and who is authorized to accept service on behalf of said entity.

Abode Service (RSA 510:2)

☐ Abode/Last and Usual Place of Abode Service. After diligent effort to effect personal in-hand service, I left true and correct copies of the Service Documents at the last and usual place of abode of the person to be served, located at:

[________________________________]
[________________________________]
[________________________________]

The copies were left with [________________________________], a person of suitable age and discretion then residing therein, whose relationship to the person to be served is: [________________________________]

Certified Mail Service

☐ Certified Mail, Return Receipt Requested. I caused true and correct copies of the Service Documents to be sent via United States Postal Service Certified Mail, Return Receipt Requested, to the person to be served at:

[________________________________]
[________________________________]
[________________________________]

Certified Mail Tracking Number: [________________________________]

The signed return receipt (green card) is attached hereto as Exhibit B.

☐ The return receipt was signed by: [________________________________]
☐ Date the return receipt was signed: [__/__/____]

Registered Mail Service (RSA 510:4 — Nonresident Defendant)

☐ Registered Mail to Out-of-State Defendant (RSA 510:4). In compliance with RSA 510:4, I caused:

(a) A copy of the process, together with a fee of $10.00, to be left with the New Hampshire Secretary of State on [__/__/____]; and

(b) Notice of such service upon the Secretary of State, together with a copy of the process, to be sent by registered mail, postage prepaid, to the Defendant at the following last known address:

[________________________________]
[________________________________]
[________________________________]

The Defendant's return receipt is attached hereto as Exhibit C.

The Affidavit of Compliance with RSA 510:4 is attached hereto as Exhibit D.

Service by Publication

☐ Service by Publication (Pursuant to Court Order). Pursuant to the Order of this Court dated [__/__/____] (attached as Exhibit E), authorizing service by publication, I caused notice to be published in the following newspaper(s) of general circulation:

Publication was made once a week for [____] consecutive weeks as ordered by the Court.

Affidavit of publication from the newspaper is attached as Exhibit F.

Substitute / Alternative Service

☐ Substitute Service (Pursuant to Court Order). Pursuant to the Order of this Court dated [__/__/____] (attached as Exhibit G), I effected service by the following alternative method:

[________________________________]
[________________________________]
[________________________________]

V. DATE, TIME, AND LOCATION OF SERVICE

15. Date of Service: [__/__/____]

16. Time of Service: [____]:[____] ☐ a.m. ☐ p.m.

17. Location of Service (full address or specific location description):

[________________________________]
[________________________________]
[________________________________]

18. GPS Coordinates (if available): Latitude [________________________________], Longitude [________________________________]

VI. DESCRIPTION OF PERSON SERVED

19. If service was effected by personal delivery or abode service, the following physical description of the person to whom the documents were delivered:

20. The person served was identified by:

☐ Self-identification (stated their name)
☐ Identification by a third party: [________________________________]
☐ Photograph comparison
☐ Prior familiarity with the individual
☐ Government-issued identification viewed
☐ Other means: [________________________________]

VII. DUE DILIGENCE — PRIOR ATTEMPTS

21. I made the following attempts to serve the person or entity prior to the successful service described above:

22. Additional due diligence steps taken to locate or serve the person:

☐ Verified address through public records
☐ Confirmed employment address
☐ Spoke with neighbors or co-residents
☐ Attempted service at multiple addresses
☐ Conducted online address verification
☐ Other: [________________________________]

VIII. COMPLIANCE WITH TIMING REQUIREMENTS

23. Applicable service deadline and governing court rule or order: [________________________________].

24. The return date for this action is: [__/__/____]

25. The date of service was: [__/__/____]

26. The number of days between service and the return date is: [____] days.

IX. SERVICE FEES AND MILEAGE

27. Service fees and mileage incurred:

X. WRIT ENDORSEMENT (RSA 510:2-a)

28. Pursuant to RSA 510:2-a, the following information was placed upon the writ or process at the time of service:

☐ Time of service
☐ Place of service
☐ Mode of service
☐ Description of any attachments made upon property of the defendant, including the time, place, and method of attachment

XI. EXHIBIT INDEX

XII. AFFIRMATION UNDER OATH

I, [________________________________], affirm under penalty of perjury under the laws of the State of New Hampshire that each and every statement made in this Affidavit is true and correct to the best of my knowledge, information, and belief. I understand that a false statement in this Affidavit may subject me to criminal prosecution under RSA 641:1 (Perjury) and RSA 641:2 (False Swearing).

Executed on [__/__/____] at [________________________________], New Hampshire.

________________________________________
Signature of Affiant

Printed Name: [________________________________]

Title/Capacity: [________________________________]

Badge/License No.: [________________________________]

XIII. NOTARIAL JURAT

STATE OF NEW HAMPSHIRE
COUNTY OF [________________________________]

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public / Justice of the Peace, personally appeared [________________________________], satisfactorily proven to me through:

☐ Government-issued photo identification (type: [________________________________])
☐ Personal knowledge of the affiant

to be the individual whose name is subscribed to the foregoing instrument, and being by me duly sworn, made oath that the statements contained in this Affidavit of Service are true to the best of the affiant's knowledge, information, and belief.

________________________________________
Notary Public / Justice of the Peace
State of New Hampshire

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

(Notarial Seal / Stamp)

IMPORTANT PRACTICE NOTES FOR NEW HAMPSHIRE PRACTITIONERS

Authorized Servers

RSA 510:2 specifies delivery of an attested copy to the defendant or at the defendant's abode, subject to other applicable provisions. Record the server's authority under the applicable court rule or other law separately; RSA 510:2 does not identify who may serve.

Timing of Service

Confirm the applicable service deadline under the governing court rule or order. RSA 510:2 describes the manner of service and does not itself set a 14-day deadline.

Writ Endorsement Requirement

RSA 510:2-a requires that all writs and processes indicate the time, place, and mode of service, as well as any attachments made, at the time service is effected. This information must be placed on the writ by the person making service.

Nonresident Defendant Service (RSA 510:4)

For defendants who cannot be found within New Hampshire, service may be made upon the Secretary of State under RSA 510:4. This requires: (1) leaving a copy of the process with a $10.00 fee at the Secretary of State's office; and (2) sending notice of such service and a copy of the process by registered mail to the defendant's last known address. The return receipt and an affidavit of compliance must be appended to the process.

Filing the Return

When proof of service is obtained (either a return of service from the Sheriff's Department or a certified/registered mail receipt), file that proof with the court to establish a record that the opposing party received notice of the action.

Electronic Filing

New Hampshire courts use an electronic filing system (eCourt). When e-filing, the Affidavit of Compliance with RSA 510:4 form (NHJB-2808-DE) is available through the New Hampshire Judicial Branch website.

Checklist Before Filing

☐ Affidavit is completed in full with all applicable sections

☐ All Service Documents are attached as Exhibit A

☐ Return receipt(s) are attached (if service was by mail)

☐ Court orders authorizing alternative service are attached (if applicable)

☐ Affidavit is signed by the affiant under oath

☐ Notarial jurat is completed with notary seal/stamp

☐ Writ endorsement requirements under RSA 510:2-a are satisfied

☐ Service timing was checked against the applicable court rule or order

☐ Affidavit complies with local court formatting requirements

☐ All exhibits are securely attached and properly labeled

Sources and References

• RSA Chapter 510 – Service of Writs: NH General Court
• RSA 510:2 – Service of Process
• RSA 510:2-a – Contents of Writs and Processes: NH General Court
• RSA 510:4 – Nonresident Defendant Service: Justia
• RSA 510:14 – Return of Service
• RSA 514:1 – Service of Process Generally
• RSA 641:1 – Perjury; RSA 641:2 – False Swearing
• New Hampshire Judicial Branch – Affidavit of Compliance with RSA 510:4: NH Courts
• New Hampshire Judicial Branch – How to Effect Service: NH Courts
• Sullivan County Sheriff – Service of Legal Process and Civil Fees: Sullivan County
• New Hampshire Rules of Civil Procedure, Process Serving Rules: ServeNow