Title 17, Chapter 14, Section 11
( 17-14-11)
An order for restitution shall not bar any civil action against the
offender. However, any payments made by an offender to a victim
under an order for restitution may be a setoff against any judgment
awarded to the victim in a civil action based on the same facts for
which restitution was ordered. The fact of restitution or a
restitution order under this article shall not be placed before the
jury on the issue of liability. If the amount of restitution made is
in dispute and liability is established, the court shall order
further appropriate proceedings to determine the amount of setoff. |