SB47 (2005) Detail

Relative to the definition of "party" or "parties" for the apportionment of fault in civil litigation.


SB 47 – AS INTRODUCED

2005 SESSION

05-0925

06/04

SENATE BILL 47

AN ACT relative to the definition of “party” or “parties” for the apportionment of fault in civil litigation.

SPONSORS: Sen. Gottesman, Dist 12; Sen. Clegg, Dist 14

COMMITTEE: Judiciary

ANALYSIS

This bill removes certain individuals or entities from the definition of “party” for the purpose of apportionment of fault in civil litigation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0925

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the definition of “party” or “parties” for the apportionment of fault in civil litigation.

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

1 New Paragraph; Apportionment of Damages; Definition of Terms. Amend RSA 507:7-e by inserting after paragraph IV the following new paragraph:

V. For purposes of this section, the term “party” or “parties” shall mean only those individuals or entities who are plaintiffs or defendants in the action when the jury or the court is determining the proper apportionment of fault. Any individual or entity who was a plaintiff or defendant, but who has settled or been dismissed, or both, prior to the apportionment of fault, shall not be considered a “party.”

2 Effective Date. This act shall take effect January 1, 2006.