Kansas Judgment
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FAQ
Under the ?offer of judgment? mechanism detailed in Federal Rule of Civil Procedure 68 (Rule 68), a defendant makes a settlement offer to resolve the case. If accepted, the offer is filed at the courthouse and the case ends.
For example, if a defendant issues a written offer of judgment of $30,000 and the plaintiff chooses to let that offer lapse and to go to trial, the plaintiff must receive a judgment in excess of $30,000 to avoid having to pay the defendant's court costs.
If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.
A Kansas judgment is enforceable for five (5) years.
A default judgment may be entered against the state, its officers or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.
Given the legal consequences flowing from a final monetary judgment against you as a defendant, a Rule 68 Offer must be carefully drafted to specify (a) what claims are being resolved and (b) what damages are included in the settlement amount, including whether costs and attorneys' fees are part of that final offer.
Public court records are available at each courthouse. Each court has a computer reserved for public searches of court case information and court records in that court. Sealed cases and sealed records are not public, and some cases are exempt from disclosure under the Kansas Open Records Act (K.S.A. 45-221).
(b) Offer of judgment. At any time more than 21 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against such party for the money or property or to the effect specified in such party's offer, with costs then accrued.