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Rule 68 appears at first blush to promote settlement by forcing a plaintiff to either ac- cept a proffered offer of judgment or risk paying the defendant's subsequent litigation costs in the event the plaintiff recovers less than the amount offered.

This Rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal (under Rule 41(a)(1) shall be made: (A) before a responsive pleading is served; or (B) if there is none no responsive pleading, before evidence is introduced at a hearing or trial.

§41-5-11. Impeachment or establishment of will -- By person who was not party to prior proceeding; trial by jury. Next§41-5-12. Impeachment or establishment in court -- By person under disability or nonresident.

Rule 59(e) of the West Virginia Rules of Civil Procedure provides the procedure for a party who seeks to change Page 3 or revise a judgment entered as a result of a motion to dismiss or a motion for summary judgment.

A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property's return. The motion must be filed in the district where the property was seized. The court must receive evidence on any factual issue necessary to decide the motion.

Federal Rule 41(a) permits voluntary dismissal without court approval only up until the filing of the answer or a motion for summary judgment; in Maine such voluntary dismissal may come as late as the eve of trial, at a time when other parties may have expended great time and effort as to the plaintiff or the defendant ...

This Rule applies to a dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal (under Rule 41(a)(1) shall be made: (A) before a responsive pleading is served; or (B) if there is none no responsive pleading, before evidence is introduced at a hearing or trial.

No later than 28 days after the entry of judgment, the court, on its own, may order a new trial for any reason that would justify granting one on a party's motion. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

- At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect specified in the defending party's offer, with costs then accrued.