Rule 2.4 – Notice of Legal Action

May 14, 2021 | Family Law, New Hampshire

A. Joint Petitions. Because joint petitions are signed and filed by both parties, no further notice or service is required.
B. Individual Petitions. Upon receipt of an individual petition, the court shall attach to the petition a Notice to Respondent (formerly orders of notice) and an appearance form.

(1) The court forwards a notice to the respondent, indicating that the petition has been filed and that the respondent or the respondent’s attorney may accept service of the petition at the court within ten (10) days. A respondent’s attorney, who has filed an appearance, may request and accept service by mail provided the attorney files a receipt of service signed by the respondent within five (5) business days of the attorney’s receipt of the petition.
(2) If neither the respondent nor the attorney for the respondent accepts service of the petition as set forth above, the petition shall be forwarded to the petitioner for service on the respondent either by certified mail, restricted delivery, signed by the addressee only, or by sheriff; or, if the respondent is out of state, by an officer authorized to make service in the state where the respondent lives. In all instances, the petitioner shall file the return receipt or the return of sheriff/officer service as proof of service.
C. If the above methods of service are neither feasible nor successful, the Court, upon motion of the petitioner, will consider alternate methods of service.
D. Notice to Co-Respondent. Any person not a party to the proceedings who is accused of adultery shall be served with an attested copy of the petition with the orders of notice. Such service is not required if the co-respondent resides outside the state, in which case notice by regular US mail is acceptable.

N.H. R. Cir. Ct. Fam. Div. 2.4