Rule 68 Offer of Judgment
(Federal)

Summary

This template is a Rule 68 offer of judgment that may be used in a federal district court case. It includes drafting notes and alternate clauses. Defending parties may make a formal offer under Rule 68 to allow judgment to be taken against them until 14 days before the date set for trial. If the claimant-offeree does not accept the offer and obtains a judgment that is not more favorable than the offer, the offeree must pay the offeror's costs incurred after the offer was made, and forfeits its right to costs incurred after the offer was made. Fed. R. Civ. P. 68(d). The effect of an offer of judgment on the recovery of post-offer costs gives defending parties an incentive to make serious rather than bluffing offers. For more on Rule 68 offers of judgment, see Rule 68 Offer of Judgment: Making the Offer (Federal) and Rule 68 Offer of Judgment: Responding to the Offer (Federal). For more on settlements generally, see Settlement Fundamentals and Tactics (Federal).