Florida Plaintiff's Response to Defendants' Offer of Judgment

State:
Multi-State
Control #:
US-PI-0044
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the plaintiff to respond to defendant's offer to settle case prior to trial. In this form, plaintiff responds by making a counter-offer.
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FAQ

Rule 68 provides that the defendant may serve on plaintiff an offer of judgment at any point up to fourteen days before trial. In the offer, the defendant must state that it will allow a judgment to be taken against it for a specific sum of money or on other specific terms, along with costs then accrued.

Rule 68 appears at first blush to promote settlement by forcing a plaintiff to either ac- cept a proffered offer of judgment or risk paying the defendant's subsequent litigation costs in the event the plaintiff recovers less than the amount offered.

If the plaintiff either (1) declines the offer; or (2) fails to respond to the offer by the deadline, then the offer is considered withdrawn. A withdrawn offer does not preclude the defendant from making a subsequent offer.

Section 57.041 - Costs; recovery from losing party (1) The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; but this section does not apply to executors or administrators in actions when they are not liable for costs.

Rule 68 provides that the defendant may serve on plaintiff an offer of judgment at any point up to fourteen days before trial. In the offer, the defendant must state that it will allow a judgment to be taken against it for a specific sum of money or on other specific terms, along with costs then accrued.

Florida Statutes Section 768.79 encourages settlement of claims by providing an attorney fee shifting mechanism in instances where the defendant makes an offer of judgment to the plaintiff, and the ultimate judgment is one of no liability or the plaintiff obtains a judgment that is at least 25% less than the amount of ...

An offer of judgment is a formal, written proposal made from one party to the other. The offer states the terms at which the party making the offer is willing to resolve the case. The other side has 30 days to accept the offer, or it is considered rejected.

A party can only provide its notice of acceptance of a proposal for settlement through the delivery of a written notice to the opposing party and local court. Notice of acceptance must occur within 30 days after the initial service of the proposal for settlement.

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Florida Plaintiff's Response to Defendants' Offer of Judgment