HB 254 – AS AMENDED BY THE HOUSE
16Mar2011… 0747h
2011 SESSION
09/04
HOUSE BILL 254
AN ACT relative to offers of judgments.
SPONSORS: Rep. B. Murphy, Rock 18; Rep. Steven Smith, Sull 5; Rep. Tregenza, Carr 2; Rep. Huxley, Hills 3
This bill establishes procedures for offers of judgments in civil cases based on Rule 68 of the Federal Rules of Civil Procedure.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Mar2011… 0747h
11-0897
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to offers of judgments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Offers of Judgments in Civil Cases. Amend RSA 507 by inserting after section 17 the following new subdivision:
Offers of Judgments in Civil Cases
507:18 Offers of Judgment in Civil Cases.
I. More than 10 days before the trial begins, either party to a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If, within 10 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk shall then enter judgment.
II. An unaccepted offer shall be considered withdrawn, but does not preclude a later offer. Evidence of an unaccepted offer shall not be admissible except after judgment in a proceeding to determine costs.
III. When one party’s liability to another has been determined, but the extent of liability remains to be determined by further proceedings, the party held liable may make an offer of judgment. This offer shall be served within a reasonable time, but at least 10 days, before a hearing to determine the extent of liability.
IV. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer and the court finds that the offeree was unreasonable in rejecting the offer, the offeree shall pay the costs incurred, including reasonable attorney’s fees, after the offer was made.
2 Effective Date. This act shall take effect January 1, 2012.