This form is a sample offer made by the defendant attempting to settle plaintiff's claims prior to trial.
Minnesota Offer of Judgment - Personal Injury
State:
Multi-State
Control #:
US-PI-0043
Format:
Word;
Rich Text
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How to fill out Offer Of Judgment - Personal Injury?
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FAQ
Rule 68.03 - Effect of Unaccepted Offer (a) Unaccepted Offer Not Admissible. Evidence of an unaccepted offer is not admissible, except in a proceeding to determine costs and disbursements. (b) Effect of Offer on Recovery of Costs.
When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is ...
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.
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.
Rule 68.01(c) creates a presumption that an offer made under Rule 68 is a "damages-only" offer unless it expressly meets the criteria of Rule 68.01(d) by stating that it is a "total-obligation" offer.
The term ?costs? as used in Rule 68(d) includes ?all costs properly awardable in an action.? Marek, 473 U.S. 1, 9 (1985). This generally includes those costs enumerated in 28 U.S.C. § 1920 including: Jury fees.
(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.