Indiana Offer of Judgment - Personal Injury

State:
Multi-State
Control #:
US-PI-0043
Format:
Word; 
Rich Text
Instant download
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Description

This form is a sample offer made by the defendant attempting to settle plaintiff's claims prior to trial.

How to fill out Offer Of Judgment - Personal Injury?

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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.

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.

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.

An offer of judgment is used to encourage settlements and protect parties willing to settle early in the litigation process. It is an extremely useful tool however there are important nuances to using this strategy successfully.

When one party's liability to another has been determined but the extent of liability remains to be determined by further proceedings, any party may make an offer of judgment. It must be served within a reasonable time-but at least 10 days-before the date set for a hearing to determine the extent of liability.

Although not expressly provided for in the statute, WPH Architecture, Inc. v. Vegas VP, LP (?WPH Architecture?), a recent Nevada Supreme Court decision, held Nevada Rule 68 also applies in arbitration proceedings.

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.

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Indiana Offer of Judgment - Personal Injury