Chapter 517-A: Uniform Foreign Depositions Law

I. This chapter may be cited as the "Uniform Foreign Depositions Law."

II. Whenever any mandate, writ or commission is issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or agreement it is required to take the testimony of a witness or witnesses in this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state.

III. This chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.

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.

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.

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.

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.

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.

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.

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 discovery act, or other similar process for obtaining out-of-state discovery and testimony. In such matters, discovery and testimony may be sought pursuant to the manner and process required in the foreign jurisdiction.

After the appointment of a commissioner under RSA 517-A:8, the notice of the time and place of taking depositions before the commissioner, the proceedings in taking such depositions, the certificates to be made by the commissioner, and all other formalities with reference to taking, filing, and using such depositions shall be the same, as far as applicable, to taking depositions in civil causes.

A commissioner appointed under RSA 517-A:8 shall have all the powers conferred by the laws of other states, territories, or foreign countries upon commissioners or other persons authorized to take depositions in said other states, territories, or foreign countries for use in cases pending in this state.

A commissioner or other person appointed by any court of record of any other state, territory, or foreign country, for the purpose of taking depositions in this state for use in causes pending in such court of record, shall have the same powers of procuring the attendance of witnesses to give depositions before the commissioner and of requiring the production of papers and the giving of such depositions as justices of the peace within this state with reference to depositions for use in civil causes pending within the courts of this state.