This form is used to set forth the terms and conditions stipulated to in order for parties to compromise for settlement on a claim brought under the Federal Tort Claims Act. This form is used pursuant to pursuant to 28 U.S.C. Section 2677.
Montana Stipulation for Compromise Settlement Pursuant to 28 U.S.C. Section 2677
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Rule 68. Offer of Judgment. (a) Making an Offer; Judgment on an Accepted Offer. More than 14 days before the trial begins, 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.
Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs.
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 the defending party for the money or property or to the effect specified in the offer, with costs then accrued.
What is Rule 68? Federal Rule of Civil Procedure 68 allows a defendant to make an offer of judgment at any point at least 14 days before trial.
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount is not admissible to prove liability for or invalidity of the claim or its ...
The Attorney General or his designee may arbitrate, compromise, or settle any claim cognizable under section 1346(b) of this title, after the commencement of an action thereon.
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.