Rule 68 — Offer of Judgment

Fed. R. Civ. P. 68

• Source: Federal Rules of Civil Procedure
• Rule: 68
• TITLE VIII: PROVISIONAL AND FINAL REMEDIES
• Citation: Fed. R. Civ. P. 68

Text

(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, with-
in 14 days after being served, the opposing party serves written no-
tice accepting the offer, either party may then file the offer and
notice of acceptance, plus proof of service. The clerk must then
enter judgment.
(b) UNACCEPTED OFFER. An unaccepted offer is considered with-
drawn, but it does not preclude a later offer. Evidence of an
unaccepted offer is not admissible except in a proceeding to deter-
mine costs.
(c) OFFER AFTER LIABILITY IS DETERMINED. When one party’s li-
ability to another has been determined but the extent of liability
remains to be determined by further proceedings, the party held
liable may make an offer of judgment. It must be served within
a reasonable time—but at least 14 days—before the date set for a
hearing to determine the extent of liability.
(d) PAYING COSTS AFTER AN UNACCEPTED OFFER. 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.

Advisory Committee Notes

(As amended Dec. 27, 1946, eff. Mar. 19, 1948; Feb. 28, 1966, eff. July 1, 1966; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 2007, eff. Dec. 1, 2007; Mar. 26, 2009, eff. Dec. 1, 2009.)