reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:21 - List of Exemptions.

512:21 List of Exemptions. –
The money, rights, and credits of the defendant shall be exempt from trustee process in the following instances, and the trustee shall not be chargeable therefor:
I. Wages for labor performed by the defendant after the service of the writ upon the trustee.
II. Except as otherwise provided in paragraph X of this section, wages of the defendant earned before the service of the writ upon the trustee shall be exempt except in actions founded upon a debt on a judgment issued by a New Hampshire court of competent jurisdiction. In such case, the wages of the defendant earned before the service of a writ upon the trustee founded upon a debt on a judgment to the amount of 50 times the minimum hourly wage as established by the Fair Labor Standards Act for each week shall be exempt. The employer shall pay said exempted amount to the employee on the usual payday unless other cause exists prohibiting such payment.
III. Wages for the personal services and earnings of the wife and minor children of the defendant.
IV. Any pension or bounty money of the defendant allowed by any law of the United States before it has come into his actual possession.
V. Funds held by the trustee in the capacity of clerk, cashier, or other employee of the defendant which were received in the ordinary course of such employment.
VI. Fees due to the defendant for attendance at court as a juror or witness.
VII. Damages recovered for the conversion of property exempt from attachment.
VIII. Money, rights, and credits of the defendant in the hands of any insurance company or its agents whenever the same is due on account of the loss of, or damage by fire to, any property which by the laws of this state was exempt from attachment or levy on execution; provided, that whenever a building or structure so damaged or destroyed was a part of the homestead, only so much of the amount due therefor shall be exempt as, together with the value of the part of the homestead remaining, if any, shall equal the sum of $5,000.
IX. Wages of the defendant earned before the service of the writ upon the trustee, to the amount of $50 for each week, shall be exempt in any action founded upon any loan contract subject to the provisions of RSA 399-A.
X. Wages of the defendant earned before service of the writ upon the trustee if the defendant is a married woman and the action is founded upon any loan contract subject to the provisions of RSA 399-A on which her husband is or was at any time an obligor, jointly or severally, contingently or otherwise.
XI. Money, rights, and credits of the defendant deposited in any account designated as a payroll account.
Source.
1857, 1956:1. 1860, 2358:1. RS 208:9. CS 221:9. 1866, 4233:1. GS 230:47, 48, 49. 1877, 16:1. GL 249:39, 40, 42. 1879, 57:33. PS 245:20. 1899, 27:1. 1901, 55:1. PL 356:20. 1927, 30:1. RL 412:21. 1943, 30:1. 1953, 159:1. RSA 512:21. 1957, 55:1. 1961, 245:4, 5. 1967, 228:1, 2. 1969, 373:1; 446:1. 2004, 52:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:22 - Defendant's Deposition.

512:22 Defendant's Deposition. –
If the trustee is sought to be charged for a negotiable promissory note or other instrument on which he is liable, made and payable in this state, or the parties to which, at the time of making the same, resided in this state, the plaintiff shall, if practicable, take the deposition of the defendant as to the disposition and ownership thereof.
Source.
RS 208:18. CS 221:18. GS 230:21. GL 249:15. PS 245:21. PL 356:21. RL 412:22.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:23 - Claimant.

512:23 Claimant. –
If it appears that a third person has a claim of right to a note or instrument provided for in RSA 512:22, or if it is not practicable to procure the deposition of the defendant as provided for in RSA 512:22, the court may order notice to be given to him personally, if practicable, and by publication or otherwise, to appear and show that the note or instrument was transferred to him in good faith and for a valuable consideration before the service of the writ upon the trustee, or to be forever barred from such claim.
Source.
RS 208:18. CS 221:18. GS 230:22. GL 249:16. PS 245:22. PL 356:22. RL 412:23.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:24 - Charging.

512:24 Charging. –
If it shall not appear that the note was transferred in good faith and for a valuable consideration before the service of the writ upon the trustee, the maker shall be charged as the trustee of the debtor, and the payment of the judgment rendered against him shall be a discharge from the note, or from such part thereof as is equal to the amount so paid by him, and all costs taxed in his favor.
Source.
RS 208:19. CS 221:19. GS 230:23. GL 249:17. PS 245:23. PL 356:23. RL 412:24.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:25 - Contempt.

512:25 Contempt. –
If any debtor shall not appear on notice, or shall refuse to testify, he may be punished as for contempt of court.
Source.
RS 208:20. CS 221:20. GS 230:24. GL 249:18. PS 245:24. PL 356:24. RL 412:25.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:26 - Admitting to Defend.

512:26 Admitting to Defend. –
If by the depositions taken it appears that the property for which the trustee is sought to be charged is claimed by a third person, he shall, on motion and upon such terms as the court may order, be admitted to defend his right, and may offer any evidence in support thereof.
Source.
RS 208:22. CS 221:22. GS 230:25. GL 249:19. PS 245:25. PL 356:25. RL 412:26.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:27 - Notice.

512:27 Notice. –
If a claimant under RSA 512:26 does not appear, the court may order notice to be given to him personally, if practicable, otherwise by publication and in such other manner as the court deems proper, to appear and maintain his claim, or be forever barred therefrom.
Source.
RS 208:22. CS 221:22. GS 230:26. GL 249:20. PS 245:26. PL 356:26. RL 412:27.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:28 - Procedure.

512:28 Procedure. –
Any claimant appearing voluntarily or upon notice shall, upon motion and such terms as the court may order, be admitted as a party to maintain his claim, and may move for a trial by jury, and such trial shall be had upon an issue between the plaintiff and the claimant, framed therefor under the direction of the court.
Source.
RS 208:18. CS 221:18. GS 230:27. GL 249:21. PS 245:27. PL 356:27. RL 412:28.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:29 - Encumbered Property.

512:29 Encumbered Property. –
If the trustee is adjudged chargeable for any personal property subject to mortgage, pledge or other lien, the court may appoint a receiver to dispose of the same if more can be obtained for it than the claims upon it.
Source.
RS 208:16. CS 221:16. GS 230:33. GL 249:27. PS 245:28. PL 356:28. RL 412:29.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:30 - Other Property.

512:30 Other Property. –
If the trustee is adjudged chargeable for any promissory note or other security for the payment of money or any chose in action upon which an execution cannot be levied, the court may appoint a receiver to collect it.
Source.
RS 208:15. CS 221:15. GS 230:34. GL 249:28. PS 245:29. PL 356:29. RL 412:30.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:31 - Proceeds.

512:31 Proceeds. –
The proceeds of any property in the hands of a receiver for which the trustee was charged shall be applied, under the direction of the court, after paying costs and charges and prior liens, in satisfaction of the judgment, and any surplus shall be paid to the defendant.
Source.
RS 208:15. CS 221:15. GS 230:41. GL 249:35. PS 245:32. PL 356:30. RL 412:31.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:32 - Refusal to Deliver.

512:32 Refusal to Deliver. –
If the trustee refuses to deliver to a receiver appointed under RSA 512:29 or RSA 512:30 any note, security for money, evidence of debt, chose in action or other property, on the grounds that such property is not subject to trustee process, the court shall schedule an evidentiary hearing to determine the validity of such refusal. If, after the evidentiary hearing, the court determines that the property is subject to trustee process and orders the trustee to deliver the property, the trustee shall be adjudged chargeable for the value thereof.
Source.
RS 208:14. CS 221:14. GS 230:35. GL 249:29. PS 245:30. PL 356:31. RL 412:32. 2000, 257:9, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:33 - Retention by Trustee.

512:33 Retention by Trustee. –
The trustee adjudged chargeable shall retain in his hands the sum or articles other than those for which a receiver is appointed, for which he is so charged, until demanded of him upon execution issued in the suit, or until the suit is otherwise terminated.
Source.
GS 230:36. GL 249:30. PS 245:31. PL 356:32. RL 412:33.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:34 - Chattels.

512:34 Chattels. –
If the trustee is adjudged chargeable for any specific articles in his possession or which he is under contract to deliver to the defendant, the execution which may issue against the defendant shall contain a precept to levy the same thereon, and the officer may demand, receive and sell the same upon such execution.
Source.
GS 230:38. GL 249:32. PS 245:33. PL 356:33. RL 412:34.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:35 - Refusal to Deliver Articles.

512:35 Refusal to Deliver Articles. –
If the trustee neglects or refuses to deliver the articles to the officer having the execution on request, execution shall be issued against him, upon notice, as for his own debt, for the value thereof, such damages as the court may order, and costs.
Source.
RS 208:14. CS 221:14. GS 230:39. GL 249:33. PS 245:34. PL 356:34. RL 412:35.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:36 - Money Due.

512:36 Money Due. –
When judgment is recovered by the plaintiff against the defendant, execution in favor of the plaintiff may be issued against the trustee for the amount for which he is adjudged chargeable, as for his own debt, not exceeding the amount of the judgment against the defendant, and against the defendant for any balance.
Source.
RS 208:5. CS 221:5. GS 230:40. GL 249:34. PS 245:35. PL 356:35. RL 412:36.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:37 - Stay of Proceedings.

512:37 Stay of Proceedings. –
If the trustee is adjudged chargeable for any liability not due or payable, or other cause for delay exists, execution or other proceedings in relation thereto may be stayed as equity requires.
Source.
RS 208:10. CS 221:10. GS 230:45. GL 249:37. PS 245:36. PL 356:36. RL 412:37.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:38 - Payment by Trustee.

512:38 Payment by Trustee. –
Upon payment or delivery by the trustee of any money or other property for which he is charged according to the provisions of this chapter, he shall be discharged of all claim of the defendant for the same, and in any suit therefor he may give the special matter in evidence under the general issue.
Source.
RS 208:38. CS 221:38. GS 230:50. GL 249:43. PS 245:37. PL 356:37. RL 412:38.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:39 - Paying Into Court.

512:39 Paying Into Court. –
The defendant or trustee may discharge the liability of the trustee by paying into court the sum for which the trustee is charged. Payment into court by the trustee shall discharge the trustee as a party to the underlying lawsuit.
Source.
GS 230:37. GL 249:31. PS 245:38. PL 356:38. RL 412:39. 2000, 257:10, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:40 - Bond.

512:40 Bond. –
A defendant whose rights, credits or other things are attached upon trustee process may apply to the court for a release of the attachment. The court, after reasonable notice to the parties, may order the petitioner to give to the plaintiff a sufficient bond, conditioned to pay the plaintiff within 30 days after judgment any sum and the value of any specific articles with which the trustee is chargeable, not exceeding the amount of the plaintiff's judgment. The giving of such bond shall operate as a release of the attachment. The value of such specific articles shall be estimated by the court, or under its direction.
Source.
GS 230:37. GL 249:31. 1879, 57:35. PS 245:39. PL 356:39. RL 412:40. RSA 512:40. 1967, 132:26, eff. July 18, 1967.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:41 - Trustee's Costs.

512:41 Trustee's Costs. –
If, upon the verdict of a jury, the trustee is adjudged chargeable for a greater sum or for other property than he would have been chargeable for upon his deposition, he shall pay costs; otherwise, he shall recover costs.
Source.
RS 208:29. CS 221:29. GS 230:32. GL 249:26. PS 245:40. PL 356:40. RL 412:41.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:42 - Fraud.

512:42 Fraud. –
When it appears that the trustee has received the property of the defendant, or a conveyance or bill of sale thereof, in trust for the defendant, or by absolute conveyance with a secret trust, or has done any other act in relation thereto with intent to aid him in defeating or delaying a creditor, costs shall be taxed against the trustee.
Source.
RS 208:33, 34. CS 221:33, 34. GS 230:43. GL 249:36. PS 245:41. PL 356:41. RL 412:42.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:43 - Order of Court.

512:43 Order of Court. –
The trustee shall recover the trustee's costs in all cases from the plaintiff except as provided in this chapter, unless otherwise ordered by the court, and the court shall adjust all costs in matters relating to trustee process as between the plaintiff and trustee or any claimant of property in the hands of the trustee as shall seem equitable. Such costs shall be retained by the trustee from the amount chargeable.
Source.
RS 208:22, 35. CS 221:22, 35. GS 230:42, 44. 1876, 7:5. GL 249:49. PS 245:42. PL 356:42. RL 412:43. 2000, 257:11, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:44 - On Settlement Before Service Date.

512:44 On Settlement Before Service Date. –
In all cases where suit is brought and the personal earnings of the defendant are held under the trustee process, and a settlement of the action is made, or tendered, by the defendant or by some other person in his or her behalf prior to the service date specified by the court on the summons, the following items of costs, and no more, shall be chargeable to the defendant: The fees of the officer serving the writ as fixed by law and $1 for the writ.
Source.
1913, 62:1. PL 356:43. RL 412:44. 2014, 204:35, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:45 - Penalty for Excessive Costs.

512:45 Penalty for Excessive Costs. –
If any person shall demand or receive from a defendant in connection with the settlement of any trustee suit any sum of money or other thing of value in excess of the provisions of RSA 512:44 he shall be guilty of a violation.
Source.
1913, 62:2. PL 356:44. RL 412:45. RSA 512:45. 1973, 531:149, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:46 - Depositions as Evidence.

512:46 Depositions as Evidence. –
No deposition taken under the provisions of this chapter shall be evidence upon any criminal prosecution, except upon an indictment of the deponent for perjury therein.
Source.
RS 208:21. CS 221:21. GS 230:54. GL 249:47. PS 245:43. PL 356:45. RL 412:46.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:47 - Rules.

512:47 Rules. –
The superior court, acting as a body, may make and establish such rules and orders as may be necessary and convenient to carry into effect the provisions of this chapter.
Source.
1876, 7:5. GL 249:50. PS 245:44. PL 356:46. RL 412:47. 1951, 221:16, eff. Aug. 15, 1951.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:48 - Application of Provisions.

512:48 Application of Provisions. –
The provisions of this chapter, so far as they are applicable to actions in municipal and district courts, shall apply to actions and proceedings therein and to process issued therefrom.
Source.
RS 208:39. CS 221:39. GS 230:51. 1878, 11:1. GL 249:44. PS 245:45. PL 356:47. RL 412:48. RSA 512:48. 1957, 244:30. 2000, 257:12, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:49 - Trustee in Other County.

512:49 Trustee in Other County. –
When any trustee in a writ issued by a municipal court resides in another county, the writ and any execution issued thereon against such trustee shall be directed to the sheriff of any county or his deputy, or to any constable of the town in which the trustee resides.
Source.
RS 208:40. CS 221:40. GS 230:52. GL 249:45. PS 245:46. PL 356:48. RL 412:49. RSA 512:49. 1957, 244:31, eff. Sept. 27, 1957.
2023 New Hampshire Revised Statutes › Title LII - Actions, Process, and Service of Process › Chapter 512 - Trustee Process › Section 512:50 - Bond.

512:50 Bond. –
In a case under RSA 512:49, the plaintiff shall file with the municipal court a bond to the trustee, in a sum and with sureties to the acceptance of the court, conditioned to pay the costs which the trustee may recover, and a memorandum of the filing of such bond shall be made and signed by the justice or clerk of the municipal court, on the writ, before service thereof on the trustee.
Source.
RS 208:41. CS 221:41. GS 230:53. GL 249:46. PS 245:47. PL 356:49. RL 412:50. RSA 512:50. 1957, 244:32, eff. Sept. 23, 1957.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:1 - Default.

514:1 Default. –
If a defendant on whom process has been duly served neglects to appear at the court to which the same is returned his default shall be recorded, and judgment shall be rendered against him for such damages as upon inquiry the plaintiff appears to have sustained.
Source.
RS 186:3. CS 98:3. GS 207:1. GL 226:1. PS 222:1. PL 334:1. RL 390:1.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:1-a - Notice to Towns.

514:1-a Notice to Towns. –
If the defendant on whom process has been served is a town, a default shall not be recorded and a judgment shall not be rendered against the town, unless the clerk of court has given written notice to the town of the impending default judgment at least 10 days before the default judgment is rendered.
Source.
1981, 421:1, eff. Aug. 22, 1981.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:2 - Striking Off Default.

514:2 Striking Off Default. –
The defendant may be permitted to enter an appearance after a default, at the discretion of the court or justice, upon the payment of reasonable costs.
Source.
RS 186:4. CS 198:4. GS 207:2. GL 226:2. PS 222:2. PL 334:2. RL 390:2.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:3 - Continuance to Notify Defendant.

514:3 Continuance to Notify Defendant. –
If no personal service has been made on a defendant in an action which may be entered without such service the court, on suggestion thereof, may order the action to be continued and notice of the pendency thereof to be given by publication, by mail in a registered letter, by personal service or otherwise, as they think proper; and, upon satisfactory evidence that the order has been complied with, the notice shall be sufficient.
Source.
RS 186:5, 6. CS 198:5, 6. GS 207:3, 4. GL 226:3, 4; 223:5, 9. 1883, 92:1. PS 222:3. PL 334:3. RL 390:3.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:4 - Continuance, in Municipal Courts.

514:4 Continuance, in Municipal Courts. –
In actions before a municipal court, commenced by attachment, if no personal service is made upon the defendant by reason that he resides out of the state, or that his residence is unknown to the officer serving the writ, the action may be continued not less than sixty days, and the justice shall order notice of the pendency of the action to be given, by posting a copy of such order in two or more public places in the town where the defendant was last known to be an inhabitant in this state, forty days at least before the day to which the action is continued.
Source.
RS 186:7. CS 198:7. GS 207:5. GL 226:5. PS 222:4. 1897, 64:1. PL 334:4. RL 390:4. RSA 514:4. 1957, 244:17, eff. Sept. 23, 1957.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:5 - Personal Service.

514:5 Personal Service. –
If it appears to the municipal court that personal service can be made upon the defendant in this state the justice may continue such action for at least twenty-eight days, and order personal service of such notice on the defendant fourteen days at least before the date to which such action is continued.
Source.
RS 186:7. CS 198:7. GS 207:5. GL 226:5. PS 222:4. 1897, 64:1. PL 334:5. RL 390:5. RSA 514:5. 1957, 244:18, eff. Sept. 23, 1957.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:6 - Bond.

514:6 Bond. –
If the defendant shall not appear at the time and place to which the action is continued judgment shall be rendered on satisfactory evidence that notice has been posted or given as ordered aforesaid, and execution shall issue thereon, upon the plaintiff's filing with the justice a bond with sufficient sureties to the defendant to respond to the judgment, which the defendant may recover, upon a review of the action; but if personal service has been made upon the defendant no bond is required.
Source.
RS 186:8. CS 198:8. GS 207:6. GL 226:6. PS 222:5. 1897, 64:2. PL 334:6. RL 390:6.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:7 - Review.

514:7 Review. –
Such review may be brought at any time within two years after the rendition of the judgment, and the plaintiff in such review may have the benefit of all pleas and advantages which he might have had in the original action.
Source.
RS 186:9. CS 198:9. GS 207:7. GL 226:7. PS 222:6. PL 334:7. RL 390:7.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:8 - Abatement.

514:8 Abatement. –
No writ, declaration, return, process, judgment or other proceeding in the courts or course of justice shall be abated, quashed or reversed for any error or mistake, where the person or case may be rightly understood by the court, nor through defect or want of form or addition only; and courts and justices may, on motion, order amendment in any such case.
Source.
RS 186:10. CS 198:10. GS 207:8. GL 226:8. PS 222:7. PL 334:8. RL 390:8.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:9 - Amendments.

514:9 Amendments. –
Amendments in matters of substance may be permitted in any action, in any stage of the proceedings, upon such terms as the court shall deem just and reasonable, when it shall appear to the court that it is necessary for the prevention of injustice; but the rights of third persons shall not be affected thereby.
Source.
RS 186:11. CS 198:11. GS 207:9. GL 226:9. 1879, 7:1. PS 222:8. PL 334:9. RL 390:9.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:10 - Non-joinder.

514:10 Non-joinder. –
No action shall be abated by the plea that there are other plaintiffs or defendants who ought to be joined therein, but such persons may be made parties to the action upon such terms as the court shall order, and may be summoned by scire facias, or notified by publication, as the court may order; and the action shall thereafter proceed as if their names were inserted in the original writ.
Source.
RS 186:18. CS 198:18. GS 207:16. GL 226:16. PS 222:11. PL 334:10. RL 390:10.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:11 - Real Action.

514:11 Real Action. –
In real actions the writ shall not abate because all the tenants are not named in it, but those on whom it is served shall answer for such part of the premises demanded as they claim, and may disclaim for the residue.
Source.
RS 186:12. CS 198:12. GS 207:10. GL 226:10. PS 222:9. PL 334:11. RL 390:11.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:12 - Death of Joint Party.

514:12 Death of Joint Party. –
When one of two or more plaintiffs or defendants dies, and the right of action survives, the action may be prosecuted by or against the surviving parties, such death being suggested on the record.
Source.
RS 186:15. CS 198:15. GS 207:13. GL 226:13. PS 222:10. PL 334:12. RL 390:12.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:13 - Misjoinder.

514:13 Misjoinder. –
In all civil proceedings, when two or more are joined as plaintiffs or defendants, the writ or other process may be amended before the evidence is closed or the case is submitted, by striking out the name of any plaintiff or of any defendant on paying his costs to that time.
Source.
RS 186:19. CS 198:19. GS 207:17. 1872, 39:1. GL 226:17. PS 222:12. PL 334:13. RL 390:13.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:14 - Notices.

514:14 Notices. –
The court shall order notice to be given, in such manner as due process of law requires, of any petition, complaint, libel, application, or motion in writing filed therein, and no judgment, decree, or ruling shall be rendered thereon absent compliance with such order.
Source.
RS 186:20. CS 198:20. GS 207:18. GL 226:18. PS 222:13. PL 334:14. RL 390:14. 2006, 37:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 514 - Notice, Default, and Abatement › Section 514:15 - Orders.

514:15 Orders. –
Any application, motion, complaint, libel, or petition, for any cause of action, may be filed in the clerk's office, in vacation, and a summons issued thereon under the rules of the court.
Source.
RS 186:21. CS 198:21. GS 207:19. GL 226:19. PS 222:14. PL 334:15. RL 390:15. 2014, 204:36, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:1 - Amount.

515:1 Amount. –
At any time before the service date specified by the court on the summons, the defendant may tender to the attorney who brought the action the amount of the debt and costs, and such tender shall be a bar to any further proceedings in the case.
Source.
RS 187:1. CS 199:1. GS 208:1. GL 227:1. PS 223:1. PL 335:1. RL 391:1. 2014, 204:37, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:2 - Confession.

515:2 Confession. –
In any action the defendant may file a confession of the plaintiff's right to recover certain real estate, or a certain amount of debt or damages, and plead to the residue of his claim; and if the plaintiff further prosecutes the action, and fails to recover more than is so confessed, the defendant shall recover his costs from the date of the confession.
Source.
RS 187:2. CS 199:2. GS 208:2. GL 227:2. PS 223:2. PL 335:2. RL 391:2.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:3 - Brief Statement.

515:3 Brief Statement. –
No special plea shall be required in a civil action, except a plea of title to real estate in actions in municipal courts; but any defense may be proved under the general issue, upon a brief statement thereof being filed in such time as the court may order.
Source.
RS 187:3. CS 199:3. GS 208:3. GL 227:3. PS 223:3. PL 335:3. RL 391:3. RSA 513:3. 1957, 244:21, eff. Sept. 23, 1957.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:4 - Replications.

515:4 Replications. –
When the defendant pleads one or more special pleas the plaintiff may reply thereto all such matters as may be material in answer to or avoidance of the matters alleged therein, and for that purpose may file as many separate replications as the case requires.
Source.
1847, 403:4. CS 199:4. GS 208:4. GL 227:4. PS 223:4. PL 335:4. RL 391:4.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:5 - Proof of Part.

515:5 Proof of Part. –
If, upon the trial of the issues upon such pleadings, either party maintains by his evidence such of the matters by him pleaded as would constitute an answer to or avoidance of the matters pleaded by the other party such issue shall be considered to be maintained by the party producing such evidence, notwithstanding other matters alleged in his pleadings may not be sustained by the proof.
Source.
1847, 503:2. CS 199:5. GS 208:5. GL 227:5. PS 223:5. PL 335:5. RL 391:5.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:6 - General Issue in Libel.

515:6 General Issue in Libel. –
In actions for libel or slander, under the general issue, the defendant may prove, in mitigation of damages and to rebut evidence of actual malice, that the writing or words complained of were the repetition of common report, and that the conduct of the plaintiff was such as to create suspicion of the truth of the matters therein charged against him.
Source.
1862, 2602. GS 208:6. GL 227:6. PS 223:6. PL 335:6. RL 391:6.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:7 - Mutual Debts.

515:7 Mutual Debts. –
If there are mutual debts or demands between the plaintiff and defendant at the time of the commencement of the plaintiff's action, one debt or demand may be set off against the other.
Source.
RS 187:4. CS 199:6. GS 208:7. GL 227:7; 235:15. PS 223:7. PL 335:7. RL 391:7.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:8 - Must be Due.

515:8 Must be Due. –
No debt or demand shall be set off as aforesaid unless a right of action existed thereon at the beginning of the plaintiff's action.
Source.
RS 187:10. CS 199:12. GS 208:8. GL 227:8. PS 223:8. PL 335:8. RL 391:8.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:9 - Administrators.

515:9 Administrators. –
Mutual debts or demands, though contingent, existing between a person deceased and another person, when due, may be set off in actions by or against the administrator.
Source.
RS 187:5. CS 199:7. GS 208:9. GL 227:9. PS 223:9. PL 335:9. RL 391:9.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:10 - Penal Bond.

515:10 Penal Bond. –
If the defendant's debt or demand is founded on a bond or specialty with a penalty, only the amount equitably due shall be set off.
Source.
RS 187:6. CS 199:8. GS 208:10. GL 227:10. PS 223:10. PL 334:10. RL 391:10.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:11 - Pleading.

515:11 Pleading. –
The defendant may plead such setoff, or give notice thereof with the general issue, describing the debt or demand with the same certainty as is required in a declaration.
Source.
RS 187:7. CS 199:9. GS 208:11. GL 227:11. PS 223:11. PL 335:11. RL 391:11.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:12 - Continuance.

515:12 Continuance. –
The plaintiff is entitled to one continuance in case of a setoff, unless a particular statement of the debt or demand, with a notice that the defendant will set off the same, has been served on the plaintiff ten days before the sitting of the court.
Source.
RS 187:8. CS 199:10. GS 208:12. GL 227:12. PS 223:12. PL 335:12. RL 391:12.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:13 - Judgment.

515:13 Judgment. –
When a setoff has been pleaded or filed judgment shall be rendered in favor of the party to whom the balance is due for the amount thereof, and his taxable costs.
Source.
RS 187:9. CS 199:11. GS 208:13. GL 227:13. PS 223:13. PL 335:13. RL 391:13.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:13-a - Limitation on Seizure, Setoff, or Attachment by Banks.

515:13-a Limitation on Seizure, Setoff, or Attachment by Banks. –
Individual retirement accounts or simplified employee pensions, as defined by section 408 of the United States Internal Revenue Code of 1986, as amended, shall be subject to seizure, setoff, or attachment for the benefit of creditors only by means of legal process, and not by unilateral action by the bank with which such accounts are deposited, or by other creditors, notwithstanding any agreements to the contrary.
Source.
1994, 47:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:14 - Setoff Exceeding Jurisdiction.

515:14 Setoff Exceeding Jurisdiction. –
If, in an action before a municipal court, the defendant pleads a setoff or files a setoff with the general issue which exceeds the jurisdiction of the court, and accompanies it with an affidavit that the claims mentioned in the setoff are, in his belief, justly due and owing to him, no further proceedings shall be had before the municipal court than to record the plea and setoff, and, if the plaintiff so elects, to enter a nonsuit.
Source.
RS 187:9. CS 199:11. GS 208:13. GL 227:13. PS 223:14. PL 335:14. RL 391:14. RSA 515:14. 1957, 244:22, eff. Sept. 23, 1957.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 515 - Tender, Pleading, and Setoff › Section 515:15 - Entry in Superior Court.

515:15 Entry in Superior Court. –
If the plaintiff does not elect to become nonsuited he may enter the action at the next term of the superior court, filing with the clerk attested copies of all papers in the case, and may prosecute the action in that court as if originally begun therein.
Source.
RS 187:9. CS 199:11. GS 208:13. GL 227:13. PS 223:15. PL 335:15. RL 391:15.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:1 - Summons.

516:1 Summons. –
A summons or subpoena not executed under seal shall be as effectual as though sealed. Writs of summons to witnesses shall be substantially in the form following:
THE STATE OF NEW HAMPSHIRE
__________ ss. To __________ :
You are required to appear at __________ , in the county of __________ , on the __________ day of __________ , to testify what you know relating to __________ , then and there to be heard, in which __________ is __________ and __________ is __________ .
Hereof fail not, as you will answer your default under the penalties prescribed by law.
Dated at ___ , the ___ day of ___ , ___ .
(Signed)
Source.
RS 188:2. CS 200:2. GS 209:1. GL 228:1. PS 224:1. PL 336:1. RL 392:1. RSA 516:1. 1977, 366:1, eff. Aug. 30, 1977.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:2 - Issue of Summons by Clerks.

516:2 Issue of Summons by Clerks. –
Such writ may be issued by the clerk of any court for witnesses in any case pending therein.
Source.
RS 188:3, 4. CS 200:3, 4. GS 209:2. GL 228:2. PS 224:2. PL 336:2. RL 392:2.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:3 - Issue of Summons by Justices or Judges.

516:3 Issue of Summons by Justices or Judges. –
Any justice or judge may issue such writs for witnesses, in cases pending before himself or herself or any other justice or judge, in any case in any court, in all matters before the general court, or before auditors, referees, arbitrators or commissioners.
Source.
RS 188:4. CS 200:4. GS 209:3. GL 228:3. PS 224:3. PL 336:3. RL 392:3. 2007, 117:3, eff. June 11, 2007.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:4 - Issue, for Depositions.

516:4 Issue, for Depositions. –
Any justice or notary may issue such writs for witnesses to appear before himself or any other justice or notary, to give depositions in any matter or cause in which the same may be lawfully taken.
Source.
RS 188:5. CS 200:5. GS 209:4. GL 228:4. PS 224:4. PL 336:4. RL 392:4.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:5 - Service of Summons.

516:5 Service of Summons. –
Any person may be summoned to attend and testify or give his deposition, by reading to him, or by giving to him in hand an attested copy of, the writ of summons, and by paying or tendering to him the fees established for his travel to and from the place where his attendance is required, and for one day's attendance.
Source.
RS 188:6. CS 200:6. GS 209:5. GL 228:5. PS 224:5. 1895, 9:1. PL 336:5. RL 392:5.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:6 - Neglect to Attend.

516:6 Neglect to Attend. –
If a person so summoned neglects to attend or to give his attendance so long as may be necessary for the purpose for which he was summoned, or refuses to testify or to give his deposition if required, having no reasonable excuse therefor, he shall be liable to the party aggrieved for all damages sustained thereby.
Source.
RS 188:7. CS 200:7. GS 209:6. GL 228:6. PS 224:6. PL 336:6. RL 392:6.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:7 - Penalty.

516:7 Penalty. –
Every court, justice, and notary, before whom a person has been summoned to appear and testify or to give a deposition, may bring the person neglecting or refusing to appear or to testify or to give a deposition, by attachment, before them, and if, on examination, such person has no reasonable excuse, such person shall be guilty of a violation, and may be ordered to pay costs.
Source.
RS 188:8. CS 200:8. GS 209:7. GL 228:7. PS 224:7. PL 336:7. RL 392:7. RSA 516:7. 1973, 531:150. 2003, 128:1, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:7-a - Victim/Witness Advocates as Witnesses.

516:7-a Victim/Witness Advocates as Witnesses. –
If a victim/witness advocate is called as a witness, a party opposing such action may move for an order requiring the party desiring to use such testimony to show cause why such victim/witness advocate's testimony is necessary. In no case shall a victim/witness advocate be sequestered unless the court finds and orders, based on the facts of the case, that failure to sequester would violate a defendant's rights.
Source.
1994, 394:4, eff. June 10, 1994.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:8 - Inclusions.

516:8 Inclusions. –
The words director, officer and agent as used in this subdivision shall include all persons who may be directors, officers and agents of such corporation at the commencement of the proceeding or who may become such during the pendency thereof, and all persons who may have the custody or possession of the books, records or papers of the corporation.
Source.
1903, 37:6. PL 336:15. RL 392:15.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:9 - Duty to Testify.

516:9 Duty to Testify. –
Whenever any domestic corporation is a party to any legal proceeding in this state before any court or other lawful tribunal, every nonresident director, officer or agent of such corporation may be required to appear and testify in such proceeding within the state, or to give his deposition for use in such proceeding before a special commissioner or commissioners within or without the state, and to produce all books, records and papers of such corporation or relating to its affairs in his possession or control so far as the same may be material upon the question involved in such proceedings.
Source.
1903, 37:1. PL 336:8. RL 392:8.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:10 - Order; Summons.

516:10 Order;  Summons. –
Upon the petition of a party to such proceeding, a justice of the superior court may issue such order as shall seem to the court to be reasonable and just, requiring such director, officer or agent to appear and testify in such proceeding, and upon such order the clerk of the superior court for any county may issue a summons requiring compliance with the order.
Source.
1903, 37:2. PL 336:9. RL 392:9.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:11 - Service of Summons.

516:11 Service of Summons. –
Such summons may be served either within or without the state, and may require the person summoned to produce books, records and papers in connection with his testimony.
Source.
1903, 37:2. PL 336:10. RL 392:10.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:12 - Commissioner, Issuance of Summons by.

516:12 Commissioner, Issuance of Summons by. –
Upon like petition, the court may issue a commission to any special commissioner, authorizing him to summon or cause to be summoned such director, officer or agent to appear before him and give his deposition for use in such proceeding, and such summons may require the person so summoned to produce books, records and papers in connection with his deposition.
Source.
1903, 37:3. PL 336:11. RL 392:11.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:13 - Fees.

516:13 Fees. –
Any witness so summoned to testify or give his deposition shall be paid such fees for attendance and travel as witnesses are entitled to under the laws of the state in which the testimony or deposition is to be given.
Source.
1903, 37:4. PL 336:12. RL 392:12.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:14 - Double Fees.

516:14 Double Fees. –
If the witness shall be summoned to come from another state into this state he shall be paid double fees for his travel and attendance.
Source.
1903, 37:4. PL 336:13. RL 392:13.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:15 - Neglect to Attend.

516:15 Neglect to Attend. –
If any such director, officer or agent shall wilfully neglect or refuse to appear, produce books, records or papers, or to testify or give his deposition as required by such order or summons, the superior court, upon notice and hearing, may thereupon appoint a receiver to manage and control such corporation until the reasonable and just orders of the court shall be complied with, and when such orders shall have been complied with, such receiver shall be discharged.
Source.
1903, 37:5. PL 366:14. RL 392:14.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:18 - Limitation.

516:18 Limitation. –
In civil causes the party prevailing shall be entitled to tax for the travel of witnesses residing out of the state to the line of the state only, unless the court specially orders otherwise.
Source.
1883, 66:1. PS 287:15. PL 336:20. RL 392:18.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:19 - Swearing.

516:19 Swearing. –
No other ceremony shall be necessary in swearing than holding up the right hand, but any other form or ceremony may be used which the person to whom the oath is administered professes to believe more binding upon the conscience.
Source.
RS 188:10. CS 200:10. 1860, 2364. GS 209:10. GL 228:10. PS 224:10. PL 336:21. RL 392:19.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:20 - Affirmation.

516:20 Affirmation. –
Persons scrupulous of swearing may affirm; the word "affirm" being used in administering the oath, instead of the word "swear," and the words "
this you do under the pains and penalties of perjury
," instead of the words "
So help you God.
"
Source.
RS 188:11. CS 200:11. GS 209:11. GL 228:11. PS 224:11. PL 336:22. RL 392:20.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:21 - Religious Opinions.

516:21 Religious Opinions. –
No person who believes in the existence of a supreme being shall be excluded from testifying on account of his opinions on matters of religion.
Source.
RS 188:9. CS 200:9. GS 209:12. GL 228:12. PS 224:12. PL 336:23. RL 392:21.
2023 New Hampshire Revised Statutes › Title LIII - Proceedings in Court › Chapter 516 - Witnesses › Section 516:22 - Interest.

516:22 Interest. –
No person shall be excused or excluded from testifying or giving his deposition in any civil cause by reason of his interest therein, as a party or otherwise.
Source.
1857, 1952:1. 1858, 2090:1. GS 209:13. GL 228:13. 1885, 27:1. PS 224:13. PL 336:24. RL 392:22.