June 03, 2014 Articles

Tips for Drafting, Accepting, Rejecting, or Simply Understanding a Rule 68 Offer

Many would argue that the rule has yet to live up to its promise of encouraging settlements.

By Merritt B. Quigley

Among the practitioners who are familiar with Federal Rule of Civil Procedure 68, many would argue that it has yet to live up to its promise of “encourag[ing] settlements and avoid[ing] protracted litigation.” Marek v. Chesny, 473 U.S. 1, 4 (1985); 12 Charles Alan Wright et al., Federal Practice and Procedure: Civil § 3001, at 66 (2d ed. 1997). Despite the intention for Rule 68 to serve as a court-sponsored settlement tool, it remains an often overlooked means of effecting early resolution of claims.

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