N.H. Rev. Stat. Ann. § 358-A: § 358-A:8

Subpoena; Production of Books, Examination of Persons, Etc.

In Force
Verified 10/20/2026 · Next check 10/27/2026
effective 10/20/2026New HampshireFees & Charges

Operative Text

N.H. Rev. Stat. Ann. § 358-A: § 358-A:8
I.
Authority of Attorney General. The attorney general shall have the power to subpoena and subpoena duces tecum in the name of the attorney general for the purposes of this chapter. Witnesses summoned by the attorney general shall be paid the same fee and mileage that are paid witnesses in the superior court of the state. A subpoena or subpoena duces tecum of the attorney general may be served by any person designated in the subpoena or subpoena duces tecum to serve it. The attorney general may administer an oath or affirmation to any person and conduct hearings in aid of any investigation. The attorney general may also require any person to make a statement in writing under oath concerning any matter under investigation provided that the due date for receipt of such a statement shall be no sooner than 10 calendar days after receipt of such demand. Any testimony or statement given by any person so sworn shall be subject to the pains and penalties of perjury.
II. Without limiting the authority granted in paragraph I, whenever the attorney general believes any person to be or to have been in violation of this chapter, the attorney general may examine or cause to be examined for that purpose any books, records, papers, or other documentary materials, or may examine any person under oath and subject to the pains and penalties of perjury that the attorney general thinks may have knowledge of such violation. For such examination, the attorney general may require the person to appear at such person's place of residence, place of business or any place in this state.
III.
Notice.
(a) The attorney general shall serve notice of the time, place, and cause of said examination at least 10 days prior to the date of the examination. Service of any such notice may be made by:
(1) Delivering a duly executed copy of the notice to the person to be served or an agent authorized by law to receive service of process; or
(2) Delivering a duly executed copy of the notice to the person's principal place of business in this state, if any; or
(3) Registered mail, return receipt requested, to the person to be served, or an agent authorized by law to receive service of process. These limitations do not apply to a written statement required under paragraph I which can be required by a reasonable notice thereof.
(b) Such notice need not be given if the attorney general has reason to believe that any potential recipient of such notice may move, conceal, alter or destroy, or cause to be moved, concealed, altered or destroyed, any documents to which it refers, or move or conceal or cause to be moved or concealed any person whose testimony is sought pursuant thereto. In any of such cases, the notice served by the attorney general pursuant to this paragraph may require the immediate production or examination of any document or person therein referred to.
IV.
Limitations. No such notice shall make improper or unreasonable requirements, nor require the production of privileged information.
V.
Extension; Modification. At any time prior to the date specified in the notice, or within 21 days after the notice has been served, whichever period is shorter, the superior court may, upon motion for good cause shown, extend said reporting date, or modify or set aside the demand. The motion may be filed in the superior court of the county in which the person resides or in which the person's usual place of business is located, or in Merrimack county.
VI.
Use of Information. Any information, testimony, or documentary material obtained under the authority of this section shall be used only for one or more of the following purposes:
(a) In connection with investigations instituted under this chapter or for the prosecution of legal proceedings instituted under this chapter or other provisions of the RSA; and
(b) In connection with any formal or informal program of or request for information exchange between the department of justice and any other local, state or federal law enforcement agency. However, no information or material obtained or used pursuant to the authority of this section shall be released publicly by any governmental agency except in connection with the prosecution of legal proceedings instituted under this chapter or other provisions of the RSA. In addition, any information, testimony or documentary material obtained or used pursuant to a protective order shall not be exchanged or released, as provided herein, publicly except in compliance with such protective order.
VII.
Penalty. Any person who fails to comply with any notice served upon such person under this section shall be fined not more than $5,000.
Source: Legislative text reproduced verbatim
Plain English

N.H. Rev. Stat. Ann. § 358-A:8 establishes the investigative powers of New Hampshire's Attorney General under the state's consumer protection chapter, including the authority to issue subpoenas, compel written statements under oath, examine documents, and conduct hearings. Persons subject to examination must generally receive at least 10 days' advance notice of the time, place, and purpose, though that notice requirement can be bypassed if there is reason to believe evidence may be concealed or destroyed. Information gathered through these powers may only be used for enforcement proceedings or authorized law-enforcement information-sharing, and any person who fails to comply with a valid notice issued under this section may be fined up to $5,000.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 20, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating in New Hampshire should be aware that under § 358-A:8, the Attorney General has broad authority to demand business records, compel testimony under oath, and issue subpoenas in connection with consumer protection investigations. A compliant operator generally maintains organized and accessible records, responds to any formal notice within the timeframes specified, and is aware that the 10-day advance notice requirement exists but can be waived in certain circumstances. Operators who receive a notice under this section and believe it is improper or seeks privileged information may seek relief through the superior court within the timeframes set out in § 358-A:8(V).

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

For tenants, § 358-A:8 is significant because it gives the New Hampshire Attorney General meaningful investigative tools — including subpoenas and sworn examinations — to pursue potential violations of the state's consumer protection laws, which can cover certain unfair or deceptive practices in housing. If a tenant believes a landlord has engaged in conduct that may violate Chapter 358-A, one general path is to file a complaint with the Attorney General's office, which can then use the powers described in this section to investigate. Tenants seeking to understand whether their situation may fall under this chapter's protections can consult a tenant-rights organization or legal aid service for general guidance.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 20, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 20, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

N.H. Rev. Stat. Ann. § 358-A:2
N.H. Rev. Stat. Ann. § 358-A
N.H. Rev. Stat. Ann. § 358-A:4
N.H. Rev. Stat. Ann. § 358-A:2
N.H. Rev. Stat. Ann. § 358-A:10
N.H. Rev. Stat. Ann. § 358-A:10
N.H. Rev. Stat. Ann. § 358-A:4
N.H. Rev. Stat. Ann. § 358-A:2
N.H. Rev. Stat. Ann. § 358-A:4
N.H. Rev. Stat. Ann. § 358-A:4
N.H. Rev. Stat. Ann. § 358-A
N.H. Rev. Stat. Ann. § 358-A:10

Related Rules

§ 151.16
RESEARCH SERVICES
§ 151.18
ADDITIONAL SERVICES CONTRACTS
§ 6.20
SEVERABILITY

Source Information

Snapshot SHA:
Fetched:Oct 20, 2026, 11:52 AM UTC