Rule 50 – Deposit in Court

May 14, 2021 | Civil Procedure, New Hampshire

(a) In proper cases, the defendant may pay into court any sum of money which he or she admits to be due, accompanied by the general issue as to the balance; and, if the plaintiff shall refuse to accept the same with his or her costs, in full satisfaction of his or her claim, such sum shall be struck out of the Complaint; and unless the plaintiff shall prove that a larger sum be due him or her, he or she shall have no costs, but the defendant shall be allowed costs from the time of such payment.
(b) When a set-off, counterclaim or recoupment shall be filed and a sum of money paid into court as the balance due the plaintiff, the costs of the plaintiff up to that time shall also be paid into court; and the defendant, if he or she prevails, shall be allowed only his or her subsequent costs.

N.H. R. Super. Ct. 50