Chapter 509: Writs and Their Indorsement

Writs, declarations, processes, indictments, answers, pleadings and entries of record in the courts shall be in the English language, and in no other.

Writs and processes issuing returnable to any court shall be in the name of the state of New Hampshire, shall be under the seal of the court, shall bear the teste of the chief, first, senior or other justice of the court who is not a party, and shall be signed or imprinted by a facsimile of the signature of the clerk or, if issued in the superior court, shall be signed or imprinted by a facsimile of the signature of the clerk thereof for any county; provided, however, executions in civil actions and all criminal processes shall be signed by the clerk.

Writs returnable to the supreme or superior court shall be directed to the sheriff of any county or his deputy; provided, however, that writs of attachment shall be directed to the sheriff, the plaintiff, his attorney or any other person.

Original process in the courts shall be summons and attachment and shall be in the form prescribed by law.

In cases where no form of process is prescribed, the process shall be made conformable to the forms prescribed, so far as the nature of the case will admit.

In real actions and actions of ejectment, the original writ shall be summons or attachment only.

When the name of the defendant is unknown to the plaintiff, the writ may be issued against him by a fictitious name, and, being duly served, it shall not for that cause be abated, but may be amended on such terms as the court may order.

Original writs, before service thereof, shall be indorsed by the plaintiff or by his agent or attorney if the plaintiff is an inhabitant of the state, otherwise by some responsible person who is an inhabitant.

If the defendant recovers costs, the person indorsing the writ shall be liable therefor on scire facias upon the return of non est or not satisfied upon the execution therefor; but if the plaintiff lives out of the state, the indorser shall be so liable without such return.

A scire facias pursuant to RSA 509:9 shall be served upon the indorser within one year after judgment, and not afterward.

Writs issued by justices of municipal and district courts shall be under seal and directed to the sheriff of any county or his deputy or to any constable of any town in the county, or to either of said officers; provided, however, that writs of attachment shall be directed to the sheriff of any county, or to any such constable, or to the plaintiff, his attorney or any other person.

Writs issued by a justice of a municipal court having no clerk shall be signed by such justice, and shall be returnable at a day, hour and place named therein, and in other respects shall be substantially in the form prescribed.

If the defendant in an action before a municipal court has personal property liable to attachment in a county of which he is not an inhabitant, the original writ and execution may be directed to the sheriff of any county, his deputy or to any constable of any town in which the defendant resides or has such property.