68, Federal Rule of Civil Procedure (FRCP 68)

US Federal Procedural Rule that provides for an Offer of Judgment. Under FRCP 68 “costs’ but not attorney’s fees are shifted, which usually mean those set forth in 28 U.S.C. §1920. An offer of judgment can be made up to 10 days prior to trial. Although attorney’s fees form the bulk of legal expenses, the costs provided under this provision are not insubstantial, including

  1. fees of the clerk and marshal;
  2. fees of the court reporter for all or any part of the case, including for example deposition fees;
  3. fees and disbursements for printing and witnesses;.
  4. Fees for exemplification and copies of papers necessarily obtained for use in the case;
  5. court filing fees;
  6. compensation of court appointed experts, compensation of interpreters.

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