Dear [Client's Name], I hope this letter finds you in good health and high spirits. I am writing to inform you about the recent offer of judgment received from the defendant in your case. The purpose of this letter is to explain the details of the offer and provide you with an assessment of its implications for your ongoing lawsuit. First and foremost, it is important to understand that an offer of judgment is a formal proposal made by the defendant in an attempt to settle the case before proceeding to trial. In the state of Nevada, the offer of judgment is governed by Nevada Rule of Civil Procedure 68 (N.R.C.P. 68). This rule provides the defendant with an opportunity to offer a specific sum of money to the plaintiff in exchange for a release from any further liability and the dismissal of the lawsuit. The defendant's offer of judgment is a significant development in your case, as it sets forth the terms under which the defendant is willing to resolve the dispute. It is crucial to review the offer carefully and to consult with your legal counsel before making any decisions. Your attorney will thoroughly analyze the offer and provide you with their professional assessment of its fairness and adequacy, based on their knowledge of Nevada law and their experience in handling similar cases. In evaluating the offer, there are several factors that your attorney will consider. These may include the strength of the evidence, the estimated chances of success at trial, the potential damages that could be awarded, and the costs and time associated with continued litigation. It is essential to weigh these factors against the defendant's offer, keeping in mind the potential risks and benefits that come with accepting or rejecting the proposal. If your attorney determines that the defendant's offer of judgment is reasonable and in your best interest, they may recommend accepting it. Acceptance would result in the termination of the lawsuit and the payment of the agreed-upon amount by the defendant. However, if your attorney believes that the offer is inadequate and that pursuing the case further is likely to yield a more favorable outcome, they may advise you to reject the offer and proceed with litigation. It is important to note that if you reject the defendant's offer and proceed to trial, there is a risk involved. If the jury awards you an amount equal to or less than the offer made by the defendant, you may be responsible for certain costs incurred by the defendant after the date of the offer. This cost-shifting provision is outlined in N.R.C.P. 68 and should be taken into account during your decision-making process. In conclusion, the defendant's offer of judgment presents an opportunity to potentially resolve your lawsuit without the need for a trial. However, careful consideration and consultation with your legal counsel are necessary to make an informed decision that aligns with your best interests. Your attorney will provide you with expert advice and guidance throughout this process, ensuring that you fully understand the implications and possible outcomes associated with the defendant's offer. Please do not hesitate to contact our office to discuss any questions or concerns you may have regarding this matter. Your satisfaction and success in this case remain our top priorities. Sincerely, [Your Name] [Law Firm Name] [Contact Information] Keywords: Nevada, offer of judgment, defendant, settlement, lawsuit, N.R.C.P. 68, proposal, release from liability, dismissal, legal counsel, evidence, trial, damages, litigation, acceptance, rejection, risks, benefits, costs, time, jury, outcome, decision-making, expert advice, implications, satisfaction, success.
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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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.
