HB 1580-FN – AS INTRODUCED

2008 SESSION

08-2189

09/01

HOUSE BILL 1580-FN

AN ACT relative to witness fees and writs for depositions.

SPONSORS: Rep. Ulery, Hills 27

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a fee to be charged to witnesses who fail to appear after summons. The bill also increases fees paid to witnesses for attendance at court.

The bill also clarifies that only justices may issue writs for depositions.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2189

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to witness fees and writs for depositions.

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

1 Writs for Depositions. Amend RSA 516:4 to read as follows:

516:4 Issue, for Depositions. Any justice [or notary] may issue such writs for witnesses to appear before himself or herself or any [other] justice or notary, to give depositions in any matter or cause in which the same may be lawfully taken.

2 Neglect to Attend. Amend RSA 516:6 to read as follows:

516:6 Neglect to Attend. If a person so summoned neglects to attend or to give his or her attendance so long as may be necessary for the purpose for which he or she was summoned, or refuses to testify or to give his or her deposition if required, having no reasonable excuse therefor, he or she shall be liable to the party aggrieved for all damages sustained thereby and liable to the court for a $100 fee.

3 Penalty. Amend RSA 516:7 to read as follows:

516:7 Penalty. Every court, justice, and notary, before whom a person has been summoned to appear and testify or to give a deposition, may bring the person neglecting or refusing to appear or to testify or to give a deposition, by attachment, before them, and if, on examination, such person has no reasonable excuse, such person shall be guilty of a violation, shall pay a $100 fee to the court, and may be ordered to pay costs.

4 Neglect to Attend. Amend RSA 516:15 to read as follows:

516:15 Neglect to Attend. If any such director, officer or agent shall wilfully neglect or refuse to appear, produce books, records or papers, or to testify or give his or her deposition as required by such order or summons, the superior court, upon notice and hearing, may thereupon appoint a receiver to manage and control such corporation until the reasonable and just orders of the court shall be complied with, and when such orders shall have been complied with, such receiver shall be discharged and the court shall order the corporation to pay a fee of $100.

5 Witnesses; Attendance; Travel. Amend RSA 516:16 to read as follows:

516:16 Attendance; Travel. The fees of law enforcement officers shall be [$30] $50 for each day’s attendance and for all other witnesses shall be [$12] $25 for each half day’s attendance before a municipal, district, superior, or probate court or legally constituted auditors, referees, magistrates or officials having the power to summon witnesses, except as otherwise specially provided; for each mile’s travel to and from the place of testifying, mileage shall be paid at the maximum rate [of $.17 per mile] established under the Internal Revenue Code; mileage to be allowed for each day’s attendance where the witness is required to leave the town or city in which he or she resides to testify.

6 Effective Date. This act shall take effect January 1, 2009.

LBAO

08-2189

Revised 01/16/08

HB 1580 FISCAL NOTE

AN ACT relative to witness fees and writs for depositions.

FISCAL IMPACT:

METHODOLOGY:

 

Police

Civilians

Average appearances per year

23,188

12,421

Average mileage per year

181,009

186,965

 

FY 2009

FY 2010

FY 2011

FY 2012

Police

       

Appearances

$231,880

$463,760

$463,760

$463,760

Mileage

$30,319

$60,638

$60,638

$60,638

Civilians

       

Appearances

$80,737

$161,473

$161,473

$161,473

Mileage

$31,317

$62,633

$62,633

$62,633

Total

$374,252

$748,504

$748,504

$748,504