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A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted.
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.
Rule 68 provides that the defendant may serve on plaintiff an offer of judgment at any point up to fourteen days before trial. In the offer, the defendant must state that it will allow a judgment to be taken against it for a specific sum of money or on other specific terms, along with costs then accrued.
(3) In addition to the amounts provided for in subsection (2) of this section, in any civil action or proceeding in a circuit court in which recovery of money or damages is sought, the court may award to the prevailing party up to an additional $5,000 as a prevailing party fee.
The Oregon Rules of Civil Procedure govern civil proceedings in Oregon circuit courts.
Claims for more than $750 and up to $10,000 can be filed in either Small Claims or Civil court. Lawyers can represent you in Civil court. Claims for $750 or less must be filed in Small Claims court.
ORCP 68 - Pleading, allowance, and taxation of attorney fees and costs and disbursements - Oregon Rules of Civil Procedure.
First, the payment is limited to ?costs? incurred post-offer and does not include the defendants' attorneys' fees. ?Costs? under 28 U.S.C. §1920 include court and court reporter fees, witness fees, and copying and printing costs.