Detailed Answer
This article explains how to request and use a court-ordered subpoena to gather estate records under New Hampshire law. It covers the legal authority, necessary forms, filing process, and enforcement steps. This is not legal advice.
1. Legal Authority for Subpoenas in New Hampshire
Under New Hampshire Supreme Court Rule 45, a subpoena is the formal process to command a person or entity to produce documents or appear to testify. Probate matters often proceed in the Probate Division of the Superior Court. That court may issue subpoenas under RSA 547:52.
2. Determining the Right Court
Estates open in the Probate Division of the Superior Court. If a decedent’s estate is pending, you must seek the subpoena from the same court. Check the probate file number and division at your local county courthouse.
3. Preparing the Subpoena
- Download the standard subpoena form or draft a “Subpoena Duces Tecum” listing the records you need.
- Specify details: name of estate, case number, custodian of records (e.g., bank or county clerk).
- Attach a copy of the probate docket or order opening the estate.
4. Filing and Serving the Subpoena
- File the original subpoena with the clerk of the Superior Court, Probate Division, where the estate is pending.
- Pay any required filing fee (varies by county).
- Serve the subpoena on the custodian by personal service or certified mail at least 10 days before the return date.
- Include witness fee and mileage as required under NH Supreme Court Rule 45(c)(1).
5. Enforcing and Using the Subpoena
- If the custodian objects, file a motion to compel production under Rule 45(d).
- On the return date, review the materials in court or accept them by mail if allowed.
- Use the records at hearings or for settlement negotiations as needed.
Helpful Hints
- Contact the probate clerk early to confirm local procedures and fees.
- Provide clear document descriptions to avoid objections.
- Maintain proof of service and filing receipts.
- Request additional time in writing if you need more time to comply.
- Consult an attorney for complex or contested estates.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney.