How does a 998 offer work?

Section 998 of the Code of Civil Procedure provides that, not less than 10 days before commencement of trial, any party to an action "may serve an offer in writing upon any other party to the action to allow judgment to be taken in accordance with the terms and conditions stated at that time." The offer is deemed

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California Offer to Compromise and Acceptance Under Code of Civil...

California Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998

Name: California Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.62 (293 reviews)

Category:

California Civil Procedure - Statewide - Damages

State:

California

Control #:

CA-CIV-090

Format:

Instant download

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What Is A 998 Offer

FAQ

Section 998 of the Code of Civil Procedure provides that, not less than 10 days before commencement of trial, any party to an action "may serve an offer in writing upon any other party to the action to allow judgment to be taken in accordance with the terms and conditions stated at that time." The offer is deemed

A § 998 offer is a reasonable, good faith offer proposed by either the defendant or the plaintiff. A A§ 998 offer shifts costs to the other party so the prevailing party can recover certain costs from the losing party. This encourages both parties to evaluate the value of the case one last time before it goes to trial.

The Court of Appeals held that a section 998 offer revoked before acceptance during the 30-day statutory period resurrects a prior offer. Ordinarily, a section 998 offer has a potential life of 30 days and is withdrawn if not accepted within that time.

In most cases the offer will read, plus statutory costs including reasonable attorney's fees incurred to the date of this offer. If you receive an offer that is silent on fees, you may accept, file the 998 as a judgment and file a fee motion as the prevailing party. This may surprise your opponent and give you

For example, as in California, expert witness fees are not recoverable as costs in federal court in the absence of explicit statutory authorization.

N. a written offer of a specific sum of money made by a defendant to a plaintiff, which will settle the lawsuit if accepted within a short time.

California Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998

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Sample 998 Offer Other Form Names

FAQ

How does a 998 offer work?

What is a 998 offer to compromise?

Can a 998 offer be withdrawn?

Do you file a 998 offer?

Are expert fees recoverable as costs California?

What is a statutory offer?

What is a 998 form?

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