Rule 68 Offer of Judgment

Making an Offer. At any time more than 10 days before the date set for trial, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party on specified terms, with the costs then accrued. If within 10 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof, and thereupon the clerk must enter judgment.

Unaccepted Offer. An offer not accepted must be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. The fact that an offer was made but not accepted does not preclude a subsequent offer.

Offer After Liability is Determined. When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which must have the same effect as an offer made before trial if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amount or extent of liability.

Paying Costs After an Unacceptable Offer. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer.

Note [1] Rule 68(a)-(c) does not track the substantive language of the corresponding federal rule.