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RULE 68: OFFER OF JUDGMENT

July 25, 2011

At any time more than 10 days 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 defending party for the money or property, or to the effect specified in the offer, with costs then accrued. Likewise a party prosecuting a claim may serve upon the adverse party an offer to allow judgment to be taken against that adverse party for the money or property or to the effect specified in the offer with costs then accrued. If within 10 days after service of the offer the adverse party serves written notice that the offer is accepted, either party may file the offer and notice of acceptance, together with proof of service thereof, with the court and thereupon judgment shall be rendered accordingly. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in the proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree shall pay all costs accruing after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. [As amended by order entered January 31, 1984, effective August 20, 1984.]

Advisory Commission Comments. At the time of the adoption of the Rules of Civil Procedure, the provisions of this Rule were new toTennessee procedure, but the Committee felt them to be desirable. The use of the procedure provided for by this Rule may facilitate the settlement of cases in many instances.

The [1984] amendment gives the plaintiff the same advantage as that given the defendant under the prior text. [1984.]

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