Georgia Plaintiff's Response to Defendants' Offer of Judgment

State:
Multi-State
Control #:
US-PI-0044
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the plaintiff to respond to defendant's offer to settle case prior to trial. In this form, plaintiff responds by making a counter-offer.
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FAQ

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.

O.C.G.A. § 9-11-68(e). The statute requires the court to hold a bifurcated hearing where the finder of fact determines: (1) whether the party asserted a frivolous claim or defense; and (2) what damages, if any, to award.

§ 9-11-68, (a/k/a Rule 68 ? Offer of Settlement), allows either party in a tort case to serve the other party with a written offer to settle, so long as the offer is made 30 days after service of the summons and complaint, and not less than 30 days before trial (or 20 days if it is a counteroffer).

Rule 68 provides that the defendant may serve on plaintiff an offer of judgment at any point up to fourteen days before trial. In the offer, the defendant must state that it will allow a judgment to be taken against it for a specific sum of money or on other specific terms, along with costs then accrued.

O.C.G.A. § 13-6-11 provides that litigation expenses may be allowed as damages ?where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.? Daniel v. Smith, 266 Ga.

If the plaintiff either (1) declines the offer; or (2) fails to respond to the offer by the deadline, then the offer is considered withdrawn. A withdrawn offer does not preclude the defendant from making a subsequent offer.

Acceptance or rejection of the offer by the offeree must be in writing and served upon the offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected.

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Georgia Plaintiff's Response to Defendants' Offer of Judgment