Sample rule 68 offer of judgment in United States District Court

1,009 views

Published on

This sample offer of judgment in United States District Court is served pursuant to Rule 68 of the Federal Rules of Civil Procedure and is used by a defendant offering to have a judgment entered against them for a specified amount, including costs and attorney fees. The sample can be modified and used in an adversary proceeding in United States Bankruptcy Court pursuant to Rule 7068 of the Federal Rules of Bankruptcy Procedure.

Published in: Law, Economy & Finance, Business
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
1,009
On SlideShare
0
From Embeds
0
Number of Embeds
23
Actions
Shares
0
Downloads
0
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Sample rule 68 offer of judgment in United States District Court

  1. 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 55555 714-555-5555 Any Attorney or Party UNITED STATES DISTRICT COURT ________ DISTRICT OF _____________ Any Plaintiff, Plaintiff, vs. Any Defendant, and DOES 1-5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No. OFFER OF JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 68 To subscribe to my FREE weekly legal newsletter visit http://freeweeklylegalnewsletter.gr8.com/ and enter your e-mail address. To view over 250 sample legal documents for sale by LegalDocsPro visit: http://www.scribd.com/LegalDocsPro/documents Be sure to remove these notices before using this document. TO PLAINTIFF ___________AND THEIR ATTORNEYS OF RECORD: - 1 - OFFER OF JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 68
  2. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE THAT, Defendants ____________________ (“Defendants”) hereby offer to allow entry of judgment to be taken against them pursuant to Rule 68 of the Federal Rules of Civil Procedure as follows: a judgment in favor of plaintiff _________ (“Plaintiff”) and against Defendants, jointly and severally, in the sum of AMOUNT LISTED IS FOR EXAMPLE ONLY; $7,001.00 (seven thousand and one dollars and zero cents) less the amount of costs accrued in favor of the plaintiff, with the result that the total judgment amount, including recoverable costs, which Defendants shall be obligated to pay shall be $7,001.00. This shall be the total amount to be paid by Defendants on account of any and all liability claimed in this action, including all costs of suit and attorneys fees otherwise recoverable in this action by Plaintiff. If Plaintiff does not accept this offer, they may become obligated to pay Defendants’ costs incurred after the making of this offer in the event that they do not recover a judgment that is more favorable than this offer of judgment pursuant to Rule 68(d) of the Federal Rules of Civil Procedure. To accept this offer, Plaintiff must serve written notice of acceptance thereof within fourteen (14) days of the date this offer is made. This offer is not to be construed in any way as an admission of liability by the Defendants, but rather is made solely for the purpose of compromising a disputed claim. Dated_________________________ _______________________________________ ANY ATTORNEY OR PARTY PROOF OF SERVICE I am over the age of 18 and not a party to this action. - 2 - OFFER OF JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 68
  3. 3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I am a resident of or employed in the county where the mailing occurred; my business/residence address is: ADDRESS OF PERSON SERVING PAPERS. On ____________________ I served the foregoing document(s) described as: OFFER OF JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 68 to the following parties: NAME AND ADDRESS OF ATTORNEY FOR OTHER PARTY OR OTHER PARTY [X] (By U.S. Mail) I deposited such envelope in the mail at ______________, ________ with postage thereon fully prepaid. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the United States of America and the State of ____ that the foregoing is true and correct. DATED: ______________ _________________________________________ NAME OF PERSON SERVING PAPERS - 3 - OFFER OF JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 68

×