Offer of Judgment
(FRCP Rule 68)

Summary

This template is for use by a defendant to make an offer of judgment to a plaintiff 14 days prior to trial pursuant to Federal Rule of Civil Procedure 68. It contains practical guidance, drafting notes, and alternate and optional clauses. This template is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. This template assumes the offer will be made to a single plaintiff, under Rule 68, rather than any state statute that covers offers of judgment. This template should be used for informational purposes only. The drafting of an offer of judgment under a state statute may vary. This template may be tailored to account for specifics in an individual case. For related templates, see Rule 68 Offer of Judgment (Federal), 4 Federal Litigation Guide § 49.100, and 11 Bender's Federal Practice Forms Form No. 68:1 et seq. For information on Rule 68 offers of judgment in employment cases, see Offers of Judgment under FRCP Rule 68 in Employment Cases and Offers of Judgment Checklist (FRCP Rule 68) (Employment Litigation). For information on Rule 68 offers of judgment generally, see Rule 68 Offer of Judgment: Making the Offer (Federal) and Rule 68 Offer of Judgment: Responding to the Offer (Federal). For information on settlements, see Settlement Fundamentals and Tactics (Federal) and 4 Federal Litigation Guide § 49.01 et seq. For state-specific settlement templates, see the Settlement Agreements column of the Employment Litigation State Expert Forms and Checklists Chart