Indiana 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

A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.

Rule 54 - Judgment; Costs (A) Definition-Form. "Judgment", as used in these rules, includes a decree and any order from which an appeal lies. A judgment shall contain all matters required by Rule 68 but need not contain a recital of pleadings, the report of a master, or the record of prior proceedings.

Rule 52 - Setting and Acknowledging Oral Argument (A) Court's Discretion. The Court may, in its discretion, set oral argument on its own or a party's motion.

At any time more than ten [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.

No judgment rendered on the motion shall be reversed on the ground that there is a genuine issue of material fact unless the material fact and the evidence relevant thereto shall have been specifically designated to the trial court.

A judgment shall be set forth on a separate document, except that a judgment may appear upon the same document upon which appears the court's findings, conclusions, or opinion upon the issues. The entry of the judgment shall not be delayed for the taxing of costs.

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.

(A) If an arrestee does not present a substantial risk of flight or danger to themselves or others, the court should release the arrestee without money bail or surety subject to such restrictions and conditions as determined by the court except when: (1) The arrestee is charged with murder or treason.

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Indiana Plaintiff's Response to Defendants' Offer of Judgment