New Hampshire Letter regarding Defendant's Offer of Judgment

State:
Multi-State
Control #:
US-PI-0237
Format:
Word; 
Rich Text
Instant download

Description

This form is a letter to the plaintiff from his or her attorney discussing the merits of the defendant's proposed settlement offer.

How to fill out Letter Regarding Defendant's Offer Of Judgment?

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FAQ

A joint, unapportioned offer of judgment is an offer that involves either multiple plaintiffs or multiple defendants (or both), issuing or receiving an offer of judgment. The general rule is that joint, unapportioned offers of judgment are invalid.

Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons | New Hampshire Judicial Branch.

(b) Other Crimes, Wrongs, or Acts. (1) Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that the person acted in conformity therewith.

For example, if a defendant issues a written offer of judgment of $30,000 and the plaintiff chooses to let that offer lapse and to go to trial, the plaintiff must receive a judgment in excess of $30,000 to avoid having to pay the defendant's court costs.

? At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.

The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge.

Legal Overview. Rule 404(b) states that evidence of other crimes, wrongs, or acts may not be used as evidence of a person's character for ?propensity? purposes ? that is, to show that the person likely acted in a manner consistent with the other crime, wrong, or act in the present case.

Methods of Proving Character. (a) By Reputation or Opinion. When evidence of a person's character or character trait is admissible, it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.

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New Hampshire Letter regarding Defendant's Offer of Judgment