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.
Michigan Plaintiff's Response to Defendants' Offer of Judgment
State:
Multi-State
Control #:
US-PI-0044
Format:
Word;
Rich Text
Instant download
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How to fill out Plaintiff's Response To Defendants' Offer Of Judgment?
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FAQ
Rule 2.405 - Offers to Stipulate to Entry of Judgment (A) Definitions. As used in this rule: (1) "Offer" means a written notification to an adverse party of the offeror's willingness to stipulate to the entry of a judgment in a sum certain, which is deemed to include all costs and interest 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.
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.
If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment.
Counteroffer: A party may make a counteroffer within the 21 days allotted to respond to the offer of judgment. A counteroffer serves as a rejection to the original offer, as well as a new offer to the party that first submitted the offer.
(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.
Offers of Judgment are a useful tool in civil cases in Michigan. Making an Offer of Judgment can result in early settlement between parties. It also serves as an avenue for a prevailing party to recover certain costs/expenses and attorneys' fees.