Rule 68

[killerzoey]

What is the name of your state (only U.S. law)? HI

Does Rule 68 apply if a case is settles rather than going to trial?

 

[Ohiogal]

What is the name of your state (only U.S. law)? HI

Does Rule 68 apply if a case is settles rather than going to trial?

I don't think too many people are giong to go looking for Rule 68 so why don't you post it?

 

[killerzoey]

I don't think too many people are giong to go looking for Rule 68 so why don't you post it?

From: http://www.law.cornell.edu/rules/frcp/Rule68.htm

(a) Making an Offer; Judgment on an Accepted Offer.

More than 10 days before the trial begins, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If, within 10 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment.
(b) Unaccepted Offer.

An unaccepted offer is considered withdrawn, but it does not preclude a later offer. Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs.
(c) Offer After Liability Is Determined.

When one party's liability to another has been determined but the extent of liability remains to be determined by further proceedings, the party held liable may make an offer of judgment. It must be served within a reasonable time — but at least 10 days — before a hearing to determine the extent of liability.
(d) Paying Costs After an Unaccepted Offer.

If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.

 

[Ohiogal]

If you settle you should be incorporating who pays costs and what not in the settlement.Are you asking if the clerk would then enter judgment of the settlement?

 

[killerzoey]

If you settle you should be incorporating who pays costs and what not in the settlement.Are you asking if the clerk would then enter judgment of the settlement?

I don't even really know what I am asking.

My attorney failed to tell me I had an offer to settle right after our temporary hearing (which was supposed to be our trial). The judge goofed and we weren't divorced.

The offer to settle was the entire judgment granting divorce. The last thing it said was we shall hold each other harmless.

The offer was ever so slightly more than what the judge is probably going to rule.

The offer expired.

I am trying to settle. His lawyer is advising him NOT to agree to more child support or spousal support in the actual decree. He is bent on doing it outside the decree. I am curious if she is advising him of this because now that this offer has expired, she has told him it's nearly a given that I am going to have to pay his attorney costs from the time of the offer on, as long as he doesn't go and make it more generous than that expired offer.

I want to know if I settle if she is going to try to get me for this. I am so beaten and weary that I am just ready to give in and settle whatever. But I would like to know if I am going to have to pay his fees.

I suppose from what you wrote, that I can at least try to have them draft up a settlement that still incorporates the hold harmless thing regarding attorney fees.