Nevada Sample Letter to Client regarding Defendant's Offer of Judgment
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How to fill out Sample Letter To Client Regarding Defendant's Offer Of Judgment?
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FAQ
If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service.
If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment.
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.
A joint, unapportioned offer of judgment is an offer that involves either multiple plaintiffs or multiple defendants (or both), issuing or receiving an offer of judgment. The general rule is that joint, unapportioned offers of judgment are invalid.
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.
Nevada Rule of Civil Procedure (NRCP) 68, provides that any party may serve an offer of judgment at least 10 days before trial. 1 An offer not accepted within 10 days is deemed rejected and withdrawn.
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.
The offer of judgment works like a wager with the plaintiff on the value of the case. Once the offer is made, the plaintiff must carefully determine whether the claim will ultimately be worth more than the offer. If he concludes it will not, the plaintiff should accept the offer.
