Who may serve a summons and complaint in New Hampshire?

Only the sheriff of any county, a deputy sheriff, or a special deputy the sheriff appoints for service under RSA 104:4. RSA 509:3 directs an ordinary civil summons writ to the sheriff or a deputy, and no New Hampshire statute is known to let the plaintiff or an independent private process server serve initial civil process in New Hampshire.

Can I serve my own summons in a New Hampshire lawsuit?

No. New Hampshire does not permit a party to serve their own summons. Service of an ordinary civil summons must go through the sheriff's department, or the defendant may voluntarily sign the court's Acceptance of Service, form NHJB-2961-Se, to waive formal service.

Does New Hampshire have an official proof of service form?

No standalone numbered one. The Summons, form NHJB-2540-Se, is generated by the court system for each case, and the sheriff's department records its own Return of Service under RSA 510:2-a. The plaintiff scans that return and e-files it as the proof of service under Supplemental Rule for Electronic Filing 12(a).

Does a New Hampshire proof of service need to be notarized?

No. For standard in-state service, the sheriff, deputy, or special deputy records the time, place, and mode of service directly on the writ as an officer's return, not a sworn or notarized affidavit. An affidavit of compliance is required only for the separate nonresident, Secretary-of-State service route under RSA 510:4.

Is ordinary mail enough to serve a New Hampshire summons?

No. Ordinary mail alone does not serve a resident defendant with a summons and complaint in New Hampshire. A nonresident defendant may instead be served by leaving a copy with the Secretary of State for a $10 fee, combined with notice and a copy of the process sent by registered mail, postage prepaid, to the defendant's last known abode or place of business, followed by filing the signed return receipt and an affidavit of compliance (RSA 510:4).

How long do I have to serve a summons in New Hampshire?

New Hampshire does not set a fixed statewide number of days. The court fixes a case-specific deadline for service and prints it on the Summons. If the defendant is not served by that deadline, N.H. Superior Court Civil Rule 4(c) requires the court to dismiss the action, with or without prejudice, as justice may require.

Is there a deadline to file the proof of service in New Hampshire?

Yes. Proof of service must be filed within 21 days of the court-ordered deadline for service, under N.H. Superior Court Civil Rule 4(c).

How do I serve later papers like motions in a New Hampshire case?

Later pleadings and communications addressed to the court need only be furnished forthwith to all other counsel and any self-represented party, under N.H. Superior Court Civil Rule 3(a); formal service of process is not required. Furnishing can go through the court's electronic filing and service system, by email under a filed stipulation among counsel in non-e-filed cases, or by mail or hand delivery. Each pleading must include a statement of compliance with this rule, which functions as the certificate of service.

What happens if service of a New Hampshire summons is defective?

Defective service can keep the court from gaining jurisdiction over the defendant, which can void a default judgment later. Follow the manner, timing, and return requirements in RSA 510 and N.H. Superior Court Civil Rule 4 exactly, and never sign a Return of Service that misstates how or when service occurred.

Does this New Hampshire proof of service cover federal court, service abroad, or a government defendant?

No. Service on the federal government, a foreign country, or under the Hague Service Convention, and service in federal court under the Federal Rules of Civil Procedure, follow separate rules not covered on this page.

New Hampshire Proof of Service

New Hampshire directs an ordinary civil summons to the county sheriff or a deputy, not the plaintiff or a private process server, and proof is the officer's own Return of Service rather than a standalone state form or a notarized affidavit.

Find out where you stand in New Hampshire

Where are you with service?

DocDraft provides document preparation, not legal advice.

Introduction

New Hampshire routes civil service through the sheriff, not the plaintiff. RSA 509:3 directs a civil summons writ only to the sheriff of any county or a deputy; RSA 104:4 lets a sheriff appoint a special deputy. No statute is known to let the plaintiff or a private process server serve an ordinary civil summons; a party can never serve their own. A defendant may instead sign the court's Acceptance of Service, form NHJB-2961-Se. New Hampshire has no standalone numbered proof-of-service form. The Summons, NHJB-2540-Se, is system-generated per case; the sheriff's department records its own Return of Service, which the plaintiff scans and e-files under Supplemental E-Filing Rule 12(a). Proof for standard service is an officer's return, not a notarized affidavit: RSA 510:2-a requires the server to record the time, place, and mode of service on the writ itself. Personal (in hand) delivery and abode service are equal methods under RSA 510:2. Ordinary mail alone does not serve a resident defendant; nonresident service instead runs through the Secretary of State with registered mail notice (RSA 510:4). New Hampshire sets no fixed statewide day count to serve; the court sets a case-specific deadline on the Summons, and proof must be filed within 21 days of that deadline. Later pleadings need only be furnished to counsel and self-represented parties, not formally served; a statement of compliance on each filing serves as the certificate of service. Federal, foreign, and government-entity service follow separate rules not covered here. Attorney review is available before you file.

Key Things to Know

1
Only the county sheriff, a deputy sheriff, or a sheriff-appointed special deputy may serve a civil summons and complaint. RSA 509:3 directs an ordinary summons writ solely to the sheriff of any county or a deputy, and New Hampshire has no standalone numbered proof-of-service form: the sheriff's department completes its own Return of Service, which the plaintiff scans and e-files under Supplemental E-Filing Rule 12(a).
2
A party can never serve their own summons, and no New Hampshire statute is known to authorize an independent private process server to serve initial civil process either. A defendant may instead voluntarily sign the court's Acceptance of Service, form NHJB-2961-Se, which waives formal service.
3
Proof of standard in-state service is the officer's own return, not a sworn or notarized affidavit. RSA 510:2-a requires the sheriff, deputy, or special deputy to record the time, place, and mode of service directly on the writ or process served.
4
Personal, in-hand delivery and abode service, leaving the papers at the defendant's abode, are equal methods under RSA 510:2; New Hampshire does not require a prior showing that personal delivery could not reasonably be made before abode service is used.
5
Ordinary mail alone does not serve a resident defendant with a summons and complaint. A nonresident defendant may instead be served by leaving a copy with the Secretary of State for a $10 fee, combined with notice and a copy of the process sent by registered mail to the defendant's last known abode or place of business, followed by filing the signed return receipt and an affidavit of compliance (RSA 510:4).
6
New Hampshire sets no fixed statewide number of days to serve a summons; the court instead fixes a case-specific deadline for service, printed on the Summons itself. Proof of service must then be filed within 21 days of that court-ordered deadline (N.H. Super. Ct. Civ. R. 4(c)).
7
After initial service, later pleadings and communications need only be furnished forthwith to all other counsel and any self-represented party, not formally served; every pleading must contain a statement of compliance with this requirement, which functions as a certificate of service (N.H. Super. Ct. Civ. R. 3(a)).

Key decisions before you file

Before you file a Proof of Service in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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THE STATE OF NEW HAMPSHIRE SUPERIOR COURT, [COUNTY] COUNTY

[PLAINTIFF NAME], Plaintiff, v. Case No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

RETURN OF SERVICE

New Hampshire has no standalone numbered proof-of-service form. The sheriff's department completes its own Return of Service on its own paperwork; this template shows the contents RSA 510:2-a requires. The completed return is scanned and e-filed with the court as the proof of service under Superior Court Supplemental Rule for Electronic Filing 12(a).

OFFICER RETURN

I, [NAME OF SHERIFF, DEPUTY SHERIFF, OR SPECIAL DEPUTY], being the [SHERIFF OF [COUNTY] COUNTY / DEPUTY SHERIFF / SPECIAL DEPUTY APPOINTED UNDER RSA 104:4], certify that I served a copy of the Summons, form NHJB-2540-Se, and the Complaint, together with [LIST OF ADDITIONAL PAPERS SERVED, IF ANY], on [DEFENDANT NAME] by [IN-HAND DELIVERY TO THE DEFENDANT OR LEAVING A COPY AT THE DEFENDANT'S ABODE], on [DATE OF SERVICE], at [TIME OF SERVICE], at [ADDRESS OR OTHER PLACE OF SERVICE], as RSA 510:2 and RSA 510:2-a require.

[IF APPLICABLE: I also attached the following property of the defendant: [DESCRIPTION OF PROPERTY ATTACHED], on [DATE OF ATTACHMENT], at [TIME OF ATTACHMENT], at [PLACE OF ATTACHMENT].]

NONRESIDENT SERVICE THROUGH THE SECRETARY OF STATE

[IF APPLICABLE: Because the defendant is not a New Hampshire resident, I left a copy of the Summons and Complaint in the hands of the Secretary of State, together with the $10 fee required by RSA 510:4, on [DATE]. Notice of this service and a copy of the process were sent by registered mail, postage prepaid, to the defendant's last known abode or place of business at [ADDRESS] on [DATE OF MAILING]. The defendant's signed return receipt is attached to this Return. The plaintiff or the plaintiff's attorney must file an affidavit of compliance with RSA 510:4.]

SERVICE BY PUBLICATION

[IF APPLICABLE: By order of the court dated [DATE OF PUBLICATION ORDER], because the defendant is not a New Hampshire inhabitant and no other mode of service could be accomplished, notice was published once a week for 3 successive weeks in [NAME OF NEWSPAPER], with the last publication on [DATE OF LAST PUBLICATION], as RSA 510:8, RSA 510:9, and N.H. Super. Ct. Civ. R. 4(d) require.]

Fee for service, if any: $[SERVICE FEE]

[SIGNATURE] [NAME OF SHERIFF, DEPUTY SHERIFF, OR SPECIAL DEPUTY] [COUNTY] COUNTY SHERIFF'S DEPARTMENT Date: [DATE]

CERTIFICATE OF SERVICE OF LATER PAPERS

[IF APPLICABLE: I certify that on [DATE], I furnished a copy of [NAME OF DOCUMENT] to [NAME OF COUNSEL OR SELF-REPRESENTED PARTY] by [THE COURT'S ELECTRONIC FILING AND SERVICE SYSTEM, EMAIL UNDER A FILED STIPULATION, MAIL, OR HAND DELIVERY], at [ADDRESS OR EMAIL ADDRESS], in compliance with New Hampshire Superior Court Civil Rule 3(a).

[SIGNATURE] [NAME]]

New Hampshire Requirements for Proof of Service

Sheriff-Exclusive Service of Initial Process
An ordinary civil summons writ must be directed to the sheriff of any county or a deputy; no New Hampshire statute is known to let the plaintiff or an independent private process server serve initial civil process in New Hampshire (RSA 509:3).
Special Deputy Appointment Under RSA 104:4
A sheriff may appoint a special deputy for the service and return of process by warrant indorsed on the process; this is the only known mechanism for someone other than the sheriff or a deputy to serve a standard civil summons (RSA 104:4).
Party Barred From Serving the Summons
A party to the action cannot serve their own summons and complaint. A defendant may instead voluntarily sign the court's Acceptance of Service, form NHJB-2961-Se, waiving formal service.
No Standalone Proof-of-Service Form
New Hampshire has no standalone numbered statewide proof-of-service form. The sheriff's department records its own Return of Service under RSA 510:2-a, which the plaintiff scans and e-files as the proof of service under Supplemental Rule for Electronic Filing 12(a).
Officer's Return Instead of a Notarized Affidavit
Proof of standard in-state service is the officer's own return recording the time, place, and mode of service on the writ itself, not a sworn or notarized affidavit (RSA 510:2-a).
Abode Service Equal to Personal Delivery
Personal, in-hand delivery and abode service, leaving the papers at the defendant's abode, are equal methods under RSA 510:2, with no requirement to first show that personal delivery could not reasonably be made.
Nonresident Service Through the Secretary of State
A nonresident defendant may be served by leaving a copy with the Secretary of State for a $10 fee, combined with notice and a copy of the process sent by registered mail to the defendant's last known abode or place of business, followed by filing the signed return receipt and an affidavit of compliance (RSA 510:4).
Court-Set Service Deadline With 21-Day Proof-Filing Window
New Hampshire sets no fixed statewide day count to serve; the court fixes a case-specific deadline for service on the Summons, and proof of service must be filed within 21 days of that deadline (N.H. Super. Ct. Civ. R. 4(c)).
Furnishing, Not Formal Service, for Later Papers
After initial service, later pleadings and communications need only be furnished forthwith to all other counsel and any self-represented party, with a statement of compliance on each filing serving as the certificate of service (N.H. Super. Ct. Civ. R. 3(a)).

Find out where you stand in New Hampshire

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

New Hampshire Requirements for Proof of Service

Sheriff-Exclusive Service of Initial Process

Special Deputy Appointment Under RSA 104:4

Party Barred From Serving the Summons

No Standalone Proof-of-Service Form

Officer's Return Instead of a Notarized Affidavit

Abode Service Equal to Personal Delivery

Nonresident Service Through the Secretary of State

Court-Set Service Deadline With 21-Day Proof-Filing Window

Furnishing, Not Formal Service, for Later Papers

Frequently Asked Questions