HF 1571

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; providing for the effect of
a settlement offer on the recovery of costs and
disbursements; proposing coding for new law in
Minnesota Statutes, chapter 548.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [548.085] SETTLEMENT OFFER; COSTS AND
DISBURSEMENTS.
new text end

new text begin Notwithstanding any contrary provision in Rule 68 of the
Rules of Civil Procedure, at any time prior to ten days before
the trial begins, any party may serve upon an adverse party an
offer to allow judgment to be entered to the effect specified in
the offer or to pay or accept a specified sum of money, with
costs and disbursements then accrued, either as to the claim of
the offering party against the adverse party or as to the claim
of the adverse party against the offering party. Acceptance of
the offer must be made by service of written notice of
acceptance within ten days after service of the offer. If the
offer is not accepted within the ten-day period, it is deemed
withdrawn. During the ten-day period, the offer is
irrevocable. If the offer is accepted, either party may file
the offer and the notice of acceptance, together with the proof
of service thereof, and thereupon the court administrator shall
enter judgment. If a judgment finally entered is not more
favorable to the offeree than the offer, the offeree must pay
the offeror's costs and disbursements and the offeree is not
entitled to the offeree's costs and disbursements as a
prevailing party. The fact that an offer is made but not
accepted does not preclude a subsequent offer.
new text end