New Hampshire Subpoena
New Hampshire repealed its witness fee statute in 2019 but kept the rule that service includes tendering fees, so the amount comes from the clerk. A justice of the peace can sign the form. Attorney review available.
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Introduction
New Hampshire has a gap that no other state in this cluster has, and knowing about it before you serve saves a wasted trip. RSA 516:16 and RSA 516:16-a, the two sections of the Fees of Witnesses article, were both repealed by 2019, 346:157, effective July 1, 2019, so there is no statutory per-day witness fee and no statutory mileage rate in force. The official Judicial Branch form reflects that: Subpoena NHJB-2775-DFPS, revised 08/01/2024, has a line for what the witness must bring and the warning that if you do not appear you may be subject to legal penalties, but no fee block at all. What survived the repeal is the tender requirement. RSA 516:5 still provides that a person may be summoned to attend and testify, or give a deposition, by reading the writ of summons to them or giving them in hand an attested copy, and by paying or tendering the fees established for travel to and from the place of attendance and for one day's attendance. So the obligation to pay at service remains while the schedule behind it is gone, which means the amount to tender comes from the clerk of the court where the case is filed rather than from a statute. Two more New Hampshire features are worth noting. The signature block on NHJB-2775-DFPS reads Justice of the Peace, Clerk of Court, or Judge, and the Judicial Branch instruction sheet adds that judges and clerks are not required to sign. And RSA 516:1 prints the form of the summons in the statute itself. DocDraft prepares your New Hampshire subpoena from your own facts, with attorney review available before service.
Key Things to Know
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A New Hampshire subpoena, called a writ of summons to a witness in RSA chapter 516, requires a named person to appear at a stated place and day to testify about what they know relating to the case, and may also require them to bring documents or other materials.
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New Hampshire has no statutory witness fee per day in force. RSA 516:16 was repealed by 2019, 346:157, V, effective July 1, 2019, and RSA 516:16-a was repealed by 2019, 346:157, VI, on the same date.
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There is likewise no statutory per-mile rate in force, because the repealed section carried both figures. Ask the clerk of the court where your case is filed what to tender before you serve.
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RSA 516:5 was not repealed. Service is made by reading the summons to the person or giving them an attested copy in hand, and by paying or tendering the fees for travel to and from the place of attendance and for one day's attendance.
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The official form is Subpoena NHJB-2775-DFPS, revised 08/01/2024, and its signature block reads Justice of the Peace, Clerk of Court, or Judge. The Judicial Branch instruction sheet notes that judges and clerks are not required to sign a subpoena.
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RSA 516:1 prints the form of the writ of summons in the statute itself, and provides that a summons or subpoena not executed under seal shall be as effectual as though sealed.
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In civil causes the prevailing party may tax for the travel of witnesses residing out of the state to the line of the state only, unless the court specially orders otherwise (RSA 516:18). This is a cost-recovery limit, not a cap on how far a witness may be required to travel.
Key decisions before you file
Before you file a Subpoena in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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New Hampshire Requirements for Subpoena
No Statutory Witness Fee Since July 1, 2019
RSA 516:16 was repealed by 2019, 346:157, V, effective July 1, 2019, and RSA 516:16-a was repealed by subsection VI on the same date, so New Hampshire has no statutory per-day witness fee in force. Ask the clerk of the court where your case is filed what to tender.
No Statutory Mileage Rate Either
The repealed section carried both the attendance fee and the travel rate, so there is no statutory per-mile figure in force. What survives is a taxation limit: in civil causes the prevailing party may tax for the travel of witnesses residing out of the state to the line of the state only, unless the court specially orders otherwise (RSA 516:18).
Tender Is Still Part of Service
RSA 516:5 was not repealed. A person may be summoned by reading the writ of summons to them, or giving them in hand an attested copy, and by paying or tendering the fees established for travel to and from the place of attendance and for one day's attendance. Confirm the amount with the clerk and record what you paid.
Official Form NHJB-2775-DFPS
The New Hampshire Judicial Branch publishes Subpoena form NHJB-2775-DFPS, revised 08/01/2024, and its instruction sheet states that you will need that form to start this action. The form carries no witness fee block, consistent with the 2019 repeal.
A Justice of the Peace May Sign It
The form's signature block reads Justice of the Peace, Clerk of Court, or Judge, and the Judicial Branch instruction sheet adds that judges and clerks are not required to sign a subpoena. RSA 516:2 lets the clerk of any court issue the writ in a case pending there, and RSA 516:3 lets any justice or judge issue such writs.
The Statute Prints the Form of the Summons
RSA 516:1 sets out the writ of summons to a witness in the statutory text itself, requiring the person to appear at a named place and county on a stated day to testify what they know relating to the case, and closing with the words that they fail not as they will answer their default under the penalties prescribed by law. The same section provides that a summons or subpoena not executed under seal is as effectual as though sealed.
Original Plus Two Copies, Ten Days Suggested
The Judicial Branch instruction sheet suggests service more than 10 days before the hearing or trial, which is a recommendation rather than a statutory deadline, and directs you to give the server the completed original plus 2 copies. Keep the completed Return of Service and bring it to court as proof of service.
Damages, Attachment and a Violation
A person who neglects to attend, or to stay as long as necessary, or who refuses to testify or give a deposition without reasonable excuse, is liable to the party aggrieved for all damages sustained (RSA 516:6). Every court, justice and notary may bring that person in by attachment, and absent a reasonable excuse that person shall be guilty of a violation and may be ordered to pay costs (RSA 516:7). The recipient's own route is a Motion to Quash on form NHJB-2201-DFP.