(Download) "Interpreting Rule 68 to Conform with the Rules Enabling Act." by Stanford Law School # Book PDF Kindle ePub Free
eBook details
- Title: Interpreting Rule 68 to Conform with the Rules Enabling Act.
- Author : Stanford Law School
- Release Date : January 01, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 340 KB
Description
INTRODUCTION Federal Rule of Civil Procedure 68 allows a party "defending against a claim," at "any time more than 10 days before the trial begins," to make an offer to settle the case and allow judgment to be taken against it. (1) If the offer is accepted, either party can file the offer and acceptance with the clerk of court, and judgment will be entered against the defending party. (2) However, if the opposing party does not accept the Rule 68 offer and "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." (3) Thus, Rule 68 shifts postoffer costs from a nonprevailing defendant to a prevailing plaintiff who obtained a judgment smaller than the settlement offer. The purpose of Rule 68 is "to encourage settlement and avoid protracted litigation" (4) by taxing the offeree with costs if it rejects a more favorable offer than the final judgment. (5)