When used effectively, Rule 68 of the Federal Rules of Civil Procedure gives defendants a powerful and often underestimated tool.  Rule 68 allows “a party defending against a claim” to serve an offer of judgment with “the costs then accrued.”[1]  The offeree then has 14 days to accept the offer, or the offer is considered withdrawn.  If the offer ...

When used effectively, Rule 68 of the Federal Rules of Civil Procedure gives defendants a powerful and often underestimated tool.  Rule 68 allows “a party defending against a claim” to ...

Federal Rule of Civil Procedure 68 is a risk-shifting tool designed to encourage settlements in civil litigation—in essence, it serves to penalize a plaintiff who refuses to accept a reasonable settlement offer by making him responsible for all “costs” incurred after the date on which the offer was made.  It is triggered where the plaintiff offeree refuses to settle, ...

Federal Rule of Civil Procedure 68 is a risk-shifting tool designed to encourage settlements in civil litigation—in essence, it serves to penalize a plaintiff who refuses to accept a reasonable ...