This form is an official document from the California Judicial Council, and it complies with all applicable state and Federal codes and statutes. USLF updates all state and Federal forms as is required by state and Federal statutes and law.
In Sacramento, California, the Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998 plays an essential role in civil proceedings. This legal provision allows parties involved in a lawsuit to settle their dispute before trial by making and accepting a formal offer of compromise. Under Section 998, a party may make an Offer to Compromise, commonly known as a 998 offer, to the opposing party. This offer specifies the amount of money or other conditions that the offering party is willing to accept in order to settle the case and avoid going to trial. The purpose of this provision is to encourage settlement discussions and potentially save time and costs associated with a court trial. The party receiving the 998 offer must carefully evaluate the terms and decide whether to accept or reject it. If the offer is accepted, the case is considered settled, and the parties are bound by the agreed-upon terms. However, if the offer is rejected, the rejecting party runs the risk of incurring additional costs and fees if the ultimate judgment awarded by the court is not more favorable than the rejected offer. It is important to note that 998 offers can take multiple forms, depending on the nature of the case and the desired outcome. Some common variations include: 1. Monetary Offers: This is the most straightforward type of 998 offers, where one party offers a specific sum of money to settle the dispute. The receiving party must consider whether accepting the offered amount is more favorable than the potential outcome at trial. 2. Non-Monetary Offers: In some cases, parties may propose settlement terms that do not involve a specific monetary amount. For example, a party might offer to drop certain claims or admit liability in exchange for other concessions from the opponent. These offers can be complex but aim to reach a mutually beneficial resolution. 3. Statutory Offers: Certain legal cases, such as personal injury claims, may have specific statutory provisions that dictate the terms of a 998 offer. These provisions often require the offer to exceed a certain threshold, ensuring that serious settlement negotiations take place. It is crucial for both parties to consider the potential implications of accepting or rejecting a 998 offer carefully. By evaluating the strengths and weaknesses of their case and consulting with legal professionals, parties can make informed decisions that align with their best interests. In conclusion, Sacramento, California's Offer to Compromise and Acceptance Under Code of Civil Procedure Section 998 provides a structured framework for parties to settle their disputes before trial. By making and accepting formal 998 offers, litigants have the opportunity to save time and costs associated with a court trial, promoting efficiency in the civil justice system.
