RULE 68
OFFER OF JUDGMENT
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 him for the money or property or to the
effect specified in his offer, with costs then accrued. If within 10 days
after the service of the offer the adverse party serves written notice that
the offer is accepted, either party may then file the offer and notice of
acceptance together with proof of service thereof and thereupon the court
shall enter judgment. An offer not accepted shall be deemed withdrawn and
evidence thereof is not admissible except in a proceeding to determine
costs. If the judgment finally obtained by the offeree is not more
favorable than the offer, the offeree must pay the costs incurred after the
making of the offer. The fact that an offer is made but not accepted does
not preclude a subsequent offer. When the liability of one party to another
has been determined by verdict or order or judgment, but the amount or
extent of the liability remains to be determined by further proceedings,
the party adjudged liable may make an offer of judgment, which shall have
the same effect as an offer made before trial if it is served within a
reasonable time not less than 10 days prior to the commencement of hearings
to determine the amount or extent of liability.
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