This form is a letter to the plaintiff from his or her attorney discussing the merits of the defendant's proposed settlement offer.
Maine Letter regarding Defendant's Offer of Judgment
State:
Multi-State
Control #:
US-PI-0237
Format:
Word;
Rich Text
Instant download
Description
How to fill out Letter Regarding Defendant's Offer Of Judgment?
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FAQ
? At any time more than 10 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 him for the money or property or to the effect specified in his offer, with costs then accrued.
The third sentence of Rule 68 has been altered to make clear that evidence of an unaccepted offer is admissible in a proceeding to determine the costs of the action but is not otherwise admissible.
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either (1) declines the offer; or (2) fails to respond to the offer by the deadline, then the offer is considered withdrawn. A withdrawn offer does not preclude the defendant from making a subsequent offer.
As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.
Even when the offer is well crafted, the major disadvantage of a Rule 68 Offer remains the evident lack of privacy. Once the plaintiff accepts your Rule 68 Offer and a judgment is entered against you, that document is a public record available to anyone.
An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer.
It can reduce Plaintiff's attorney's fees Thus, while the rejection of a more favorable offer of judgment does not preclude the recovery of attorney's fees by a prevailing FLSA plaintiff, it can nevertheless substantially reduce the amount of attorney's fees a court will award as reasonable.
(a) Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, 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.
