How To Subpoena A Witness For A Court Hearing - New Hampshire Trial Court Page 2

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Court Service Center
New Hampshire Trial Court
How much will this cost?
You will need to pay the person witness fees at the time of service and may need to pay travel
fees. Witness fees are $12 per half day ($24 for a whole day). Witness fees for law
enforcement officers are $30 per day
If the witness lives outside the town where the court is located, you must pay the witness for
travel. Travel fees are $0.17 per mile. You may wish to use the internet to help you calculate
the distance from the witness’s home to the court. You will need checks for these fees made
out to the witness. The person serving the subpoena must give the witness these checks.
If the subpoena is served by the sheriff, you must pay the sheriff’s fees.
How do I get a subpoena served?
You may have it served by the sheriff’s office in the county where your witness lives, or have
some other person serve it. It is suggested you have it served more than 10 days prior to the
hearing/trial.
You will need to give the person serving the subpoena the completed original form plus 2
copies. A copy will be given or read to the witness. The person serving it must fill in the
bottom part of the original subpoena (the Return of Service) and give it to you. The extra copy
is kept by the person serving the subpoena.
If you want it served by a sheriff, call ahead of time to verify office hours and fees.
NH.gov
has
links to county websites where you will find lists of towns and their counties, and contact
information for the county sheriff. If the sheriff serves the subpoena, a copy will be returned to
you with the Return of Service information filled in. The sheriff will charge a fee.
If you have someone other than a sheriff serve the subpoena, make sure they complete the
Return of Service information and return a copy of the form to you.
KEEP THE RETURN OF SERVICE COPY IN YOUR RECORDS AND BRING IT TO COURT
ON THE DAY OF YOUR HEARING/TRIAL. It is your proof that the person was subpoenaed,
in case he/she does not come to your hearing/trial.
What if the person subpoenaed does not want to attend or objects?
A person who is served with a subpoena may object to attending the hearing, arguing that the
date is inconvenient, that insufficient notice was given, or that the request for documents is
inappropriate.
The person who objects to the subpoena may file an objection called a “Motion to Quash.” The
person can use the standard motion form and procedure
. The person can
(NHJB-2201-DFP)
object for the reasons stated above, or for any other reason. The Motion to Quash is filed in
the same court where the case has been filed.
If the person files a “Motion to Quash,” the court will rule on the motion. You may file an
objection to the motion.
Forms and Instructions are available at any NH Court
Additional information can be found at:
(02/12/2013)

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