New Hampshire HB 1489: relative to interstate depositions and discovery.

Bill Text

HB 1489 - VERSION ADOPTED BY BOTH BODIES

2026 SESSION

 26-2331

 07/09

HOUSE BILL 1489

AN ACT relative to interstate depositions and discovery.

SPONSORS: Rep. Lynn, Rock. 17; Rep. Berch, Ches. 6

COMMITTEE: Judiciary

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ANALYSIS

 This bill makes changes to the appointment of deposition commissioners and the uniform foreign depositions law.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2331

 07/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to interstate depositions and discovery.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Proceedings in Court; Uniform Foreign Depositions Law. RSA 517-A is repealed and reenacted to read as follows: 

 517-A:1 Short Title. This chapter may be known and cited as the "Uniform Interstate Depositions and Discovery Act". 

 517-A:2 Definitions. In this chapter: 

 I. “Foreign jurisdiction” means a state other than New Hampshire. 

 II. “Foreign subpoena” means a subpoena issued under the authority of a court of record of a foreign jurisdiction. 

 III. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity. 

 IV. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States, or, for the purposes of RSA 517-A:8 through RSA 517-A:11, a foreign country. 

 V. “Subpoena” means a document, however denominated, issued under the authority of a court of record requiring a person to: 

 (a) Attend and give testimony at a deposition; 

 (b) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or 

 (c) Permit inspection of premises under the control of the person. 

 517-A:3 Issuance of Subpoena. 

 I. To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to the clerk of the superior court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this act shall not constitute an appearance in the courts of this state. 

 II. When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed. 

 III. A subpoena under paragraph II shall: 

 (a) Incorporate the terms used in the foreign subpoena; and 

 (b) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. 

 517-A:4 Service of Subpoena. A subpoena issued by a clerk of court under RSA 517-A:3 shall be served in compliance with all statutes and court rules governing service of subpoenas in civil actions in the superior courts. 

 517-A:5 Compliance with Subpoena. All provisions of law and court rules regarding the obligation of persons to comply with subpoenas and the remedies available for non-compliance shall apply to subpoenas issued under RSA 517-A:3. 

 517-A:6 Procedure to Enforce, Modify, or Quash Subpoena. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under RSA 517-A:3 shall comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted. 

 517-A:7 Uniformity of Application and Construction. In applying and construing this uniform act, courts shall give due consideration to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 

 517-A:8 Appointment of Commissioner to Take Foreign Depositions. 

 I. The superior court may appoint a suitable person to serve as a commissioner, who may take depositions outside this state for use in causes pending in or returnable to said court. 

 II. No appointment shall be required when discovery is sought in a foreign jurisdiction that has adopted the uniform foreign depositions act, the model uniform interstate depositions and