New Hampshire § 562-A-5 - Section 562-A:5 Murder; How Determined.

§ 562-A-5. Section 562-A:5 Murder; How Determined.

I. After all right to appeal has been exhausted, a judgment of conviction establishing criminal responsibility for commission of the murder of the decedent conclusively establishes the convicted individual as the decedent's killer for purposes of this chapter. II. In the absence of a criminal conviction, an individual's status as the person responsible for commission of the murder of the decedent as defined in this chapter is conclusively established by a final civil judgment to that effect entered against the individual by a court of competent jurisdiction. III. If an individual's status as the killer of the decedent has not been established pursuant to paragraphs I or II, the executor or administrator of the decedent's estate, or any person who would have received anything of value upon the death of the decedent by inheritance, under a governing instrument, or by operation of law if the individual had predeceased the decedent, may bring a civil action against the individual in a court of competent jurisdiction to have the court determine by a preponderance of the evidence whether the individual was responsible for the murder of the decedent as defined in this chapter. The plaintiff in such action may recover any money or property rightly belonging to or due to the plaintiff as a result of the individual's murder of the decedent, and the court may order such equitable relief, including but not limited to the imposition of a constructive trust upon money or property held by the individual, as the court finds just and proper to afford appropriate relief to the plaintiff. At the time of initiating such action the plaintiff shall provide notice thereof to the New Hampshire department of justice, which shall have the right to intervene in the case for the limited purpose of requesting that the court stay the proceedings for a reasonable time, place limits on discovery, or take other appropriate measures to protect the integrity of any criminal investigation or prosecution related to the death of the decedent which is ongoing or represented by the department to be promptly undertaken. The court, on its own motion or on the motion of any interested party shall stay the civil proceedings for a reasonable time upon a showing of good cause, and may issue such protective orders as justice may require. In no event shall the court stay the civil action beyond the time of entry of a final judgment by the trial court in the criminal case against the individual regardless of whether an appeal is taken in that case. If the court grants a stay or other relief to the department of justice under this paragraph, it shall grant such temporary or interim relief to the plaintiff as the court determines to be necessary to prevent the transfer, concealment, or removal from the jurisdiction of any money or property that may be awarded to the plaintiff in a final judgment.