Offer of Judgment

A procedure found in a number of court systems including the UK, various US state courts and the Federal Courts under FRCP 68, where a defendant can record an offer of a monetary amount to resolve the case with the court, sometimes paying the funds into court. If the other party, i.e., the plaintiff, declines to accept the offer within a specified period of time, usually two weeks to thirty days, and the ultimate judgment at trial does not exceed the amount offered, the plaintiff then becomes liable for various legal costs incurred and under some rules any attorney’s fees that are incurred subsequent to the offer.

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