§ 104:31 — Fees of Sheriffs and Deputy Sheriffs

At the time of the initial request for any of the following services, the required fees and mileage may be paid. The fees of sheriffs and deputy sheriffs shall be as follows:
I. For service of every writ, except as otherwise specifically provided, $30; for every service of a writ of possession, $30; for service of every demand for rent, eviction notice, small claims notice, process, and notice of execution, $30; and for service of every subpoena, $30.
II. For service of a bill, libel or petition, $30; provided that service of a petition with restraining order shall be $36.
III. For making an attachment of personal property or making a bulky attachment, $30.
IV. In every county for actual travel to serve any writ, notice, subpoena, process, or execution, to be reckoned from the place of service to the sheriff's office or substation, and for travel to attend any court by the order thereof, to be reckoned from the sheriff's office or substation to the court, each mile, each way, at the current federal rate. Mileage shall be paid only once when service requested by the same party on multiple individuals related to the same case or matter living at the same address, building, or complex can be reasonably made on the same trip.
V. For levying executions, or sheriff sales or both, on the dollar, for the first $100 levied, $.05; for all above $100, and not exceeding $500, $.04; for all above $500, and not exceeding $1,000, $.03; for all above $1,000, $.02; minimum fee, $12.
VI. For making copies of writs, each page, $1; for postage and handling of writs, each, a minimum charge of $1 with a maximum not to exceed United States Postal Service rates.
VII. For leaving the copy and return required in the attachment of real estate at the office or the dwelling house of a register of deeds, $30.
VIII. For every service of a writ of attachment with a petition or writ of summons with a petition, $36; for every service of a writ of replevin, $30; for every non est return, $12.
IX. For making a search, for taking an inventory, for conducting a sale or for waiting time, $30 per hour for the first hour, additional time charged for 30 minute increments at $15 in addition to any other fees specified in this section.
IX-a. For service of a civil order of arrest, $30 to be charged to the defendant unless the defendant, upon motion, shows the court good cause for failure to appear.
IX-b. With the exception of civil orders of arrest under paragraph IX-a, for service whenever in-hand service is required by court order or court rule, an additional $30.
X. The judicial branch shall incorporate remote technology whenever possible to minimize the amount of physical transportation and security time associated with court hearings.
XI. The judicial branch shall reimburse the sheriff's office, within available funds appropriated by the legislature, at the rates provided in the collective bargaining agreement applicable to per diem court security officers employed by the judicial branch for court security, to attend any official business, or for any person employed as a bailiff by the sheriff's office. For the purpose of this paragraph, a half day shall be defined as a day in which a bailiff works 4 hours or less. The judicial branch shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing court bailiffs, if those costs are the result of job requirements imposed by federal and state governments.
XII. The judicial branch shall reimburse the sheriff's office, within available funds appropriated by the legislature, at the rates provided in the collective bargaining agreement applicable to per diem court security officers employed by the judicial branch, for any person employed as a sheriff for prisoner custody and control. For the purpose of this paragraph, a half day shall be defined as a day in which a sheriff works 4 hours or less. The judicial branch shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing sheriffs, if those costs are the result of job requirements imposed by federal and state governments. Billing for reimbursement of costs associated with video arraignments shall not be allowed under this paragraph. Custody and control of prisoners for the purpose of video arraignments shall be the responsibility of the county in which the video arraignment occurs, and such custody and control may be exercised by county correctional officers.
XIII. The fees of sheriffs and deputy sheriffs specified in paragraphs I through IV and paragraphs VII through IX-b may be increased once annually by a vote of the county convention. The percentage of the increase shall not exceed the annual percentage increase in the Consumer Price Index of all items for All Urban Consumers, Northeast Region as published by the Bureau of Labor Statistics, United States Department of Labor for the calendar year preceding the vote.

Legislative History

RS 229:14. CS 245:14. 1866, 4248:3. GS 272:14. GL 290:14. 1883, 16:1. PS 287:16. 1901, 80:1. 1907, 63:1, 2. 1909, 70:1. 1911, 45:1. 1917, 33:1; 102:1. 1919, 114:1. 1923, 30:1. 1925, 88:1. PL 324:28. RL 380:28. 1947, 246:1. 1951, 217:1. 1953, 235:1, 2. RSA 104:31. 1957, 123:1. 1965, 316:2. 1967, 207:1. 1973, 415:3. 1975, 274:1. 1979, 157:1; 336:1. 1982, 10:2. 1985, 155:1-5. 1987, 271:1. 1994, 270:1. 1998, 297:4. 2001, 235:1. 2004, 114:4. 2006, 192:1. 2010, 245:4, eff. July 1, 2010; 245:6, eff. Sept. 18, 2010 at 12:01 a.m.; 338:1, eff. Sept. 18, 2010. 2013, 69:1, eff. Aug. 5, 2013. 2017, 156:141, eff. July 1, 2017. 2021, 91:1, eff. July 1, 2021; 104:1, eff. July 1, 2021; 104:2, eff. Aug. 30, 2021. 2022, 161:1, eff. Aug. 6, 2022. 2023, 10:1, eff. July 3, 2023.