If the claimant does not accept the offer, he must prove his damages as if the offer had not been made. As a general rule, whenever a prevailing plaintiff's recovery of attorneys' fees can be a driving litigation factor, defendants should evaluate making a Rule 68.An offer of judgment is, in essence, a formal written offer to settle the case for a certain amount of money or property. These rules shall govern the procedure in the superior and district courts of the State of North Carolina in all actions and proceedings of a civil nature. And when a class action seeks both monetary judgment and injunctive or declaratory relief, the analysis is more complicated. A party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. Because injunctive relief is not a standalone claim, the Williamson Plaintiffs and WW Bloomington further assert that. In the form set out in subsection (a1) of this section. Both monetary and injunctive relief is sought must offer both types of relief. ("Declaratory Judgment Act"); N.C. Gen. Stat.
