Most parties with a divorce or family law matter want to settle their case outside of court. Therefore, having multiple court dates, a prolonged litigation process, and a trial is undesirable for most ...
An offer of judgment under FRCP 68 is an important procedural and strategic device that encourages resolution of litigation by potentially shifting costs against a prevailing party. Because of these ...
Rule 68 has a reputation of being “among the most enigmatic”[1] and “underutilized”[2] of the Federal Rules of Civil Procedure. An attorney’s failure to understand and effectively use Rule 68 could be ...
Offers of judgment encourage settlement by shifting litigation risks to the party that refuses a reasonable settlement offer, thus forcing the party to carefully assess whether proceeding to trial is ...
The tender of an offer of judgment is a powerful legal tactic that forces an adversary to either settle or undertake an increased risk by proceeding to trial. New Jersey's offer of judgment rule, Rule ...
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