New Hampshire Revised Statutes 29-A:2 – Defense and Indemnification
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Terms Used In New Hampshire Revised Statutes 29-A:2
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Summons: Another word for subpoena used by the criminal justice system.
- Trustee: A person or institution holding and administering property in trust.
If any claim is made or any civil action is commenced against any present or former officer, trustee, official, or employee of any county, or any agency thereof, seeking equitable relief or claiming damages for the negligent or wrongful acts of any such person and said officer, trustee, official, or employee requests the county to provide representation for him or her and the county commissioners, or, in the case of a claim or civil action commenced against the county commissioners, the county convention, determine that the acts complained of were committed by said officer, trustee, official, or employee while acting within the scope of official duty for the county and that said acts were not wanton or reckless, in the absence of other legal representation, the county attorney shall represent and defend such person with respect to such claim or civil action throughout such action or shall, with the consent of the county commissioners, retain outside counsel so to represent or defend such person; and the county shall defray all costs of such representation or defense, to be paid from funds not otherwise appropriated. In such case the county shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments, or settlements arising from said claim or suit. The county commissioners or county convention shall not be required to consider the request of such person that representation be provided for the person unless within 7 days of the time such person is served with any summons, complaint, process, notice, demand, or pleading he or she shall deliver the original or a copy thereof to the county commissioners or, in the case of an action against the county commissioners, to the clerk of the county convention. No property either real or personal of any county shall be subject to attachment or execution to secure payment of or to satisfy any obligations of the county created under this chapter. Upon entry of final judgment in any action brought under this chapter the county commissioners shall present such judgment to the county convention for the requisite appropriation. The county attorney or outside counsel retained under this chapter shall have the authority, with the concurrence of the county commissioners, to settle any claim brought under this chapter by compromise; and the county commissioners shall present said settlement to the county convention for the requisite appropriation.