This form is a letter to the plaintiff from his or her attorney discussing the merits of the defendant's proposed settlement offer.
Illinois Letter regarding Defendant's Offer of Judgment
State:
Multi-State
Control #:
US-PI-0237
Format:
Word;
Rich Text
Instant download
Description
How to fill out Letter Regarding Defendant's Offer Of Judgment?
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FAQ
As the name suggests, a Rule 68 Offer of Judgment is, in fact, an offer permitting a plaintiff to accept and enter a judgment against a defendant on specified terms, subject to the court's approval of the settlement via Rule 68.
Currently, Illinois state courts do not have an offer of judgment provision. In some states, whether or not pre-judgment interest is allowed is dependent on an offer of judgment being made prior to trial (also known as an ?offer of compromise?).
(a) Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued.
? 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 him for the money or property or to the effect specified in his offer, with costs then accrued.
The third sentence of Rule 68 has been altered to make clear that evidence of an unaccepted offer is admissible in a proceeding to determine the costs of the action but is not otherwise admissible.
§ 2-1005. Summary judgments. (a) For plaintiff. Any time after the opposite party has appeared or after the time within which he or she is required to appear has expired, a plaintiff may move with or without supporting affidavits for a summary judgment in his or her favor for all or any part of the relief sought.
Under the ?offer of judgment? mechanism detailed in Federal Rule of Civil Procedure 68 (Rule 68), a defendant makes a settlement offer to resolve the case. If accepted, the offer is filed at the courthouse and the case ends.
A joint, unapportioned offer of judgment is an offer that involves either multiple plaintiffs or multiple defendants (or both), issuing or receiving an offer of judgment. The general rule is that joint, unapportioned offers of judgment are invalid.
