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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.
With an Execution on Money Judgment, the court has decided the Plaintiff is due monies by the defendant and the Execution allows the attorney/plaintiff to ask the Essex County Sheriff's Department to enforce the execution.
Rule 56(h) allows summary judgment only if there is ?no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.?
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.
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.