New Mexico Notice to Client of Proposed Settlement
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How to fill out Notice To Client Of Proposed Settlement?
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FAQ
(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.
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.
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.
San Juan Basin/Navajo Nation Settlement Agreement- The State of New Mexico and the Navajo Nation on April 19, 2005, signed a water rights settlement that would resolve the claims of the Navajo Nation for the use of waters of the San Juan River Basin in northwestern New Mexico.
For example, if a defendant issues a written offer of judgment of $30,000 and the plaintiff chooses to let that offer lapse and to go to trial, the plaintiff must receive a judgment in excess of $30,000 to avoid having to pay the defendant's court costs.
- A Rule 1-068 offer is irrevocable during the ten-day period provided by the rule, and a plaintiff can accept the offer any time during the period, regardless of whether the plaintiff has made a counteroffer to try to obtain a more favorable settlement. Shelton v. Sloan, 1999-NMCA-048, 127 N.M. 92, 977 P. 2d 1012.
Upon completion of briefing, the movant must file a notice certifying that the motion is ready for decision and identifying the motion and all related filings by date of filing and docket number.
