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Civil procedure

res judicata and collateral estoppel

Res judicata is the generic term for a group of related concepts concerning the conclusive effects given final judgments. Within this general doctrine there are two principal categories: (1) claim preclusion—also known as res judicata; and (2) issue preclusion—also known as collateral estoppel.

These legal doctrines generally preclude litigants from relitigating claims and issues that were previously litigated to a final resolution or judgment.

In New Hampshire, res judicata, or claim preclusion, prevents a party from relitigating a claim that has already been finally adjudicated by a competent court. This means that if a court has issued a final judgment on the merits of a case, the same parties cannot bring a lawsuit on the same claim again. Issue preclusion, also known as collateral estoppel, bars the relitigation of specific issues that were already decided in a previous final judgment. For issue preclusion to apply, the issue must have been actually litigated, determined by a valid and final judgment, and the determination of the issue must have been essential to the judgment. These doctrines are meant to promote judicial efficiency, respect court decisions, and protect parties from the burden of multiple lawsuits on the same matter. New Hampshire courts will apply these principles in accordance with state statutes and case law to ensure that once a dispute has been resolved, it cannot be reopened.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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New-Hampshire State Code

New-Hampshire State Code

Civil procedure

res judicata and collateral estoppel

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