Appellate Practice,
Law Practice
May 11, 2022
Can you accept a Rule 68 offer after a judge dismisses your case?
Can a party still accept the offer and effectively nullify the judge’s decision? Nothing in the language of Rule 68 specifically addresses this situation.
Denise Madigan
Mediator
MadiganADR
Denise has been a full-time mediator and adjunct professor for over 25 years. She also has taught mediation to thousands of lawyers, judges and other professionals all over the world.
Under Federal Rule of Civil Procedure 68, a party “defending a claim” may make an offer of judgment to the opposing party at least 14 days before trial. The opposing party has a right to accept the offer within 14 days of receiving it. If the offeree does not accept the offer within those 14 days, the offer is considered withdrawn. If it accepts the offer, either party may file a notice of acceptance of the offer with the court clerk, who “must then enter judgment” r...
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