Bill Text: NH SB297 | 2022 | Regular Session | Enrolled

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Bill Title: Relative to obtaining out-of-state discovery and testimony.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Passed) 2022-06-08 - Signed by the Governor on 06/07/2022; Chapter 0160; Effective 01/01/2023 [SB297 Detail]

Download: New_Hampshire-2022-SB297-Enrolled.html

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SB 297 - VERSION ADOPTED BY BOTH BODIES

 

 

2022 SESSION

22-2944

04/08

 

SENATE BILL 297

 

AN ACT relative to obtaining out-of-state discovery and testimony.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Soucy, Dist 18; Sen. Gannon, Dist 23; Rep. Gordon, Graf. 9; Rep. McLean, Hills. 44; Rep. Alexander Jr., Hills. 6

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill allows testimony and discovery from a foreign jurisdiction needed for litigation pending in New Hampshire to be obtained without a court-appointed commissioner and pursuant to the procedure in the foreign jurisdiction.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2944

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to obtaining out-of-state discovery and testimony.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Depositions; Commissioners to Take Depositions.  Amend RSA 517:15 to read as follows:

517:15  Appointment.  

I.  Upon petition the superior court may appoint some suitable person as commissioner to take depositions outside this state, for use in causes pending in or returnable to said court.

II.  No appointment shall be required when discovery is sought in a foreign jurisdiction that has adopted the uniform foreign depositions law in RSA 517-A, or the Uniform Interstate Depositions and Discovery Act, or other similar process for obtaining out-of-state discovery and testimony.  In such matters, discovery and testimony may be sought pursuant to the manner and process required in the foreign jurisdiction.

2  Effective Date.  This act shall take effect January 1, 2023.