When can a 998 offer be served?

Section 998 of the Code of Civil Procedure provides that, not less than 10 days before commencement of trial, any party to an action "may serve an offer in writing upon any other party to the action to allow judgment to be taken in ance with the terms and conditions stated at that time." The offer is deemed ...

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Motion to Stay Action of Attorney Against Client for Fees Pending...

Guam Motion to Stay Action of Attorney Against Client for Fees Pending Arbitration

Category:

Arbitration and Mediation - Motions

State:

Multi-State

Control #:

US-02644BG

Format:

Instant download

Description

A motion to stay refers to a motion filed to stop or suspend the proceeding for some other action to take place. The movant usually wants to maintain the status quo until the other proceeding is finished, to prevent a waste of time or judicial resources.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Motion To Stay Action Of Attorney Against Client For Fees Pending Arbitration?

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FAQ

Section 998, itself, provides: ?If the offer is not accepted prior to trial or arbitration or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the trial or arbitration.?9 The reasoning behind this section, like Evidence Code Section 1152, is to ...

Section 998 of the Code of Civil Procedure provides that, not less than 10 days before commencement of trial, any party to an action "may serve an offer in writing upon any other party to the action to allow judgment to be taken in ance with the terms and conditions stated at that time." The offer is deemed ...

For example, if the plaintiff received a 998 offer for $100,000 but rejected it, the plaintiff must obtain a judgment in their favor for more than $100,000. It's also possible that the plaintiff obtains a less favorable judgment than the 998 offered.

One of the problems in sending 998 offers is doing so prematurely. In order for a 998 offer to be proper, the party sending the offer must do so in good faith. A 998 offer may be deemed in bad faith if it does not allow the opposing party sufficient time to evaluate the claim.

In an arbitration proceeding, using an offer of judgment can be an effective way for a party to introduce meaningful consequences to an opposing party refusing to negotiate a settlement in good faith.