New Hampshire Agreed Order and Final Judgment - Awarding Forfeiture

State:
Multi-State
Control #:
US-01610
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Word; 
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This form is a sample Agreed Order for Forfeiture. For use by authorities attempting to seize property connected with drug or other criminal activity, when the perpetrator agrees to the forfeiture. Adapt to fit your facts.

Title: Understanding New Hampshire Agreed Order and Final Judgment — Awarding Forfeiture Introduction: In the state of New Hampshire, the Agreed Order and Final Judgment — Awarding Forfeiture serves as a legal mechanism that enables the state to seize and forfeit property based on specific violations of law. This detailed description will explore the concept of the New Hampshire Agreed Order and Final Judgment — Awarding Forfeiture, its purpose, process, and potential variations. Types of New Hampshire Agreed Order and Final Judgment — Awarding Forfeiture: 1. Criminal Forfeiture: In criminal cases, if the court finds probable cause that the property involved was acquired or used in connection with criminal activity, the state can seek a criminal forfeiture action. Under this type, the property is permanently seized by the government as a punishment for the offense committed. 2. Civil Forfeiture: Civil forfeiture refers to legal actions taken against property related to civil violations. In such cases, the property owner does not necessarily have to be convicted of a crime. Instead, the government focuses on proving that the property was involved in prohibited activities or acquired through illegitimate means. 3. Drug Forfeiture: A specific type of criminal forfeiture, drug forfeiture is applicable when property is linked to drug offenses. If the property was used to facilitate drug-related crimes or obtained through drug trafficking, the state can initiate a drug forfeiture action to seize and forfeit the property. Process and Procedure: 1. Initiation: A New Hampshire Agreed Order and Final Judgment — Awarding Forfeiture is typically initiated by law enforcement agencies or prosecutors. They gather evidence and submit a petition to the court, requesting the forfeiture of the property in question. 2. Notice: Once the petition is filed, the property owner(s) or any other interested party must be provided with proper notice of the forfeiture proceedings. This allows them the opportunity to challenge the forfeiture or assert their claim to the property. 3. Legal Proceedings: Subsequently, the court will conduct hearings to evaluate the validity of the forfeiture, considering evidence and arguments presented by both the state and the interested parties. This process ensures that the property owner's due process rights are upheld. 4. Determination: If the court determines that the property is subject to forfeiture, it will issue a New Hampshire Agreed Order and Final Judgment — Awarding Forfeiture. This order solidifies the state's authority to permanently seize the property involved. 5. Disposition: Once the property is forfeited, its disposition may vary depending on the situation. It can either be sold at auction, retained for official use, or destroyed if it is contraband or has no further value. Conclusion: The New Hampshire Agreed Order and Final Judgment — Awarding Forfeiture serve as legal tools for the state to seize and forfeit property associated with criminal or civil violations. Understanding the different types of forfeiture actions, as well as the process and procedures involved, ensures transparency and protects the rights of property owners during these legal proceedings.

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What is an asset forfeiture money judgment? A: An asset forfeiture money judgment can be obtained when the proceeds or property involved in criminal activity cannot be located. In such cases, the Government establishes the value of the assets that would be subject to forfeiture.

Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.

Rule 9. Answers; Defenses; Forms of Denials. (a) An Answer or other responsive pleading shall be filed with the court within 30 days after the person filing said pleading has been served with the pleading to which the Answer or response is made.

(d) Motions to Dismiss. Upon request of a party, hearings on motions to dismiss shall be scheduled as soon as practicable, but no later than 30 days prior to the date set for trial on the merits, unless the court shall otherwise order in the exercise of discretion.

Should counsel, or parties if unrepresented, be unable to reach an acceptable agreement as to any of the required matters, the court shall issue such orders as it deems appropriate.

The Grand Jury. (a) Summoning Grand Juries. The superior court shall order a grand jury to be summoned and convened at such time and for such duration as the public interest requires, in the manner prescribed by law.

Motions -- General. (a) A request for court order must be made by motion which must (1) be in writing unless made during a hearing or trial, (2) state with particularity the grounds for seeking the order, and (3) state the relief sought.

Motions -- General. (a) A request for court order must be made by motion which must (1) be in writing unless made during a hearing or trial, (2) state with particularity the grounds for seeking the order, and (3) state the relief sought.

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Jun 26, 2007 — Proceeds as a general rule: Forfeiture actions against assets constituting proceeds require the approval of DPAFS staff prior to seizure of the ... This form is a sample Agreed Order for Forfeiture. For use by authorities attempting to seize property connected with drug or other criminal activity, ...... the court shall enter a final order. No order of the court granting readmission shall be effective prior to payment by the applicant of all bar dues and ... Jan 1, 1996 — not have entered a final order or judgment consistent with Article III of the United States. Constitution. (d) Appeals. (1) Bankruptcy Court ... Accordingly, the judgment of the Colebrook District Court is a final judgment on the merits. The parties to the action in 2001 were the same. Eddie Nash and ... Any judgment obtained in New Hampshire can be secured against the defendant's real estate by recording a certified copy of the judgment and an affidavit ... Plaintiff's Motion for Substitution- Deceased Party Defendant. Form 34. Pre-trial Order. Form 35. Motion for Judgment Notwithstanding the Verdict, or in the ... " If Rule 59(e) were applicable, counsel would forfeit their right to fees if they did not file a request in conjunction with each "final" order. Cautious ... Jan 6, 2023 — A Final Judgment of Forfeiture is hereby entered in favor of the United States against $30,000.00 of United States Currency, which shall be ... (a) Scope and Definitions. (1) Scope. This rule does not modify any statute regulating search or seizure, or the issuance and execution of a search warrant ...

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New Hampshire Agreed Order and Final Judgment - Awarding Forfeiture