Rule 68 Offer of Judgment: Making the Offer (Federal)

Summary

This practice note discusses how a defendant makes a Rule 68 offer of judgment in a federal case and covers topics such as the cost-shifting penalty for turning down an offer, the timing of an offer, its form and required terms, the need to preserve the right to appeal by a party consenting to a Rule 68 offer, and drafting the Rule 68 offer.