Oregon Sample Letter to Client regarding Defendant's Offer of Judgment
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How to fill out Sample Letter To Client Regarding Defendant's Offer Of Judgment?
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FAQ
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.
ORCP 54 E(1) provides that a party may, up to 14 days before trial, of- fer to allow judgment to be taken against it for a particular sum, inclu- sive or exclusive of attorney fees. If the offer is accepted, judgment is entered per the offer. Id. If the of- fer is rejected, the case proceeds to trial.
What Should Be in Your Demand Letter Response? An acknowledgement of your receipt of their letter. Your analysis of the relevant facts. Be sure to be succinct, not verbose. Your basic reasoning as to why you are in the right (if you think you are.) ... Your counteroffer and a reasonable 'respond by' date.
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.
If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.
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.
Further, when the statute under which the plaintiff has sued defines ?costs? to include ?attorney's fees,? a plaintiff who rejects a Rule 68 offer of judgment and then achieves a less favorable judgment at trial cannot recover attorney's fees under the statute.
Yes, but all letters, email and other forms of written communication sent to a judge should be filed with the Clerk of Courts and copies of your communication should be sent to all the attorneys and litigants in the case. Please be aware your written communication may become a part of the PUBLIC RECORD.
