Rule 49. Offer of Judgment

Making an Offer. At any time 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 the offeror for the money or property or to the effect specified in the offer, with costs then accrued. The offer shall be in writing, shall identify the case number and the claim or claims to which it applies, shall state whether it includes costs then accrued and attorney’s fees, and shall state the date and hour of service in Coordinated Universal Time.

How Served; Not Filed. An offer under this rule shall be served in the proceeding communications of the case, or by direct message to the offeree or the offeree’s attorney of record. An offer shall not be transmitted to the electronic filing system unless and until it is accepted. A filing that has been accepted cannot be withdrawn, amended, or removed from the record, and the public docket does not distinguish among the filings it shows; an unaccepted offer is therefore kept out of the record by not being filed at all.

Acceptance; Entry of Judgment. If within five (5) days after service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and the notice of acceptance together, in one filing, in the action. Upon acceptance of that filing by the Clerk, the Clerk or the presiding judge shall enter judgment in accordance with the offer. Judgment so entered is a judgment of the court for every purpose, including Rules 50, 50.1, and 50.2.

Offer Not Accepted. An offer not accepted within the time allowed shall be deemed withdrawn. Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs, as Rid. R. Evid. 410 provides. The fact that an offer is made but not accepted does not preclude a subsequent offer.

Costs After an Unaccepted Offer. If the judgment, exclusive of interest from the date of the offer, 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. Costs assessed under this subdivision are those recoverable under Rule 41 and 7 R. Stat. §§ 132.201 and 132.203, and the Clerk shall record them as 7 R. Stat. § 132.202 requires. This subdivision does not authorize an award of attorney’s fees except where Rule 41 or a statute otherwise permits.

Offer After Liability Determined. When the liability of one party to another has been determined by verdict, 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 prior to the commencement of hearings to determine the amount or extent of liability.

Multiple Parties; Apportionment. An offer made to fewer than all adverse parties, or by fewer than all parties against whom a claim is asserted, shall state precisely the parties and claims it covers. An offer that does not permit the offeree to determine what is offered and by whom is ineffective.

The Government as Offeror. The Solicitor General may accept settlements on behalf of the government and issue orders or decrees in line with those settlements within the bounds of state statute and the Constitution, as provided by 7 R. Stat. § 122.006. An offer of judgment made by or on behalf of the government is subject to the limits of 7 R. Stat. § 122.003.