Current through Chapter 381 of the 2024 Legislative Session
Section 510:4 - Nonresident DefendantI. Jurisdiction. Any person who is not an inhabitant of this state and who, in person or through an agent, transacts any business within this state, commits a tortious act within this state, or has the ownership, use, or possession of any real or personal property situated in this state submits himself, or his personal representative, to the jurisdiction of the courts of this state as to any cause of action arising from or growing out of the acts enumerated above.II. Service of Process on Secretary of State. Service of process upon any person who is subject to the jurisdiction of this state, as provided in this section, may be made by leaving a copy thereof, with a fee of $10, in the hands or office of the secretary of state. Such service shall be of the same legal force and effect as if served on the defendant at his abode or place of business in the state or country where he resides and according to the law of that state or country, provided that notice thereof and a copy of the process is forthwith sent by registered mail, postage prepaid, by the plaintiff or his attorney to the defendant at his last known abode or place of business in the state or country in which the defendant resides. The defendant's return receipt and an affidavit of the plaintiff or his attorney of compliance with the section shall be appended to the process and entered therewith. In the event that the notice and a copy of the process are not delivered to or accepted by the defendant, the court may order such additional notice, if any, as justice may require.III. Record of Process. The secretary of state shall keep a record of all process served in accordance with this section, and said record shall show the date and hour of service in the hands or office of the secretary of state.IV. Continuance of Action; Costs. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee of $ 3 paid to the secretary of state by the plaintiff at the time of the service shall be taxed in his costs if he prevails in his suit.V. Service Not Exclusive. The method of service provided by this section is not exclusive and service on nonresident individuals may be made in any other manner provided by law.RS 183:5. CS 194:5. GS 204:5. GL 223:5. PS 219:5. PL 331 :4. RL 387:4. RSA 510:4. 1969, 305:1. 1989, 408:78, eff. Aug. 4, 1989.