---
title: "Prepare a Rule 68 offer of judgment from the approved figures"
url: "https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-an-offer-of-compromise-or-without-prejudice-costs-letter-from-the/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A42-A20260923-3-US"
practice_area: "Costs, billing & litigation funding"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Prepare a Rule 68 offer of judgment from the approved figures

> List the approved figure, the costs then accrued, the trial or hearing date, and the 14-day service and acceptance windows. Write no part of the offer.

Canonical page: https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-an-offer-of-compromise-or-without-prejudice-costs-letter-from-the/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Costs, billing & litigation funding](https://ailawframework.com/obligations/costs-billing-and-litigation-funding.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the approved figure, the costs then accrued, the trial or hearing date, and the 14-day service and acceptance windows. Write no part of the offer. |
| What the lawyer must review | Rule 68(a): at least 14 days before the date set for trial, a party defending a claim may serve an offer to allow judgment on specified terms, with the costs then accrued. Acceptance is by written notice served within 14 days, and either party may then file the offer, the notice and proof of service; the clerk enters judgment. An unaccepted offer is withdrawn and is not admissible except in a proceeding to determine costs (Rule 68(b)). If the judgment the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer (Rule 68(d)). The lawyer writes the offer. Rule 11 applies to the paper if it is filed. |
| Written for | United States |
| Applies to | [Draft an offer of compromise or without-prejudice costs letter from the approved figures](https://ailawframework.com/obligations/costs-billing-and-litigation-funding/draft-an-offer-of-compromise-or-without-prejudice-costs-letter-from-the.md) |

## Checking plan

- What the AI does: List the approved figure, the costs then accrued, the trial or hearing date, and the 14-day service and acceptance windows. Write no part of the offer.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Rule 68 is a defendant’s offer. It is not an Australian offer of compromise and it does not shift attorney’s fees unless the underlying statute treats fees as costs.
- Resetting the trial date sets a new time for serving the offer. State offer-of-judgment rules differ and do not apply in federal court unless adopted.

## Sources

- [Federal Rule of Civil Procedure 68](https://www.law.cornell.edu/rules/frcp/rule_68) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 11](https://www.law.cornell.edu/rules/frcp/rule_11) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Without prejudice save as to costs offer, with the client's settlement figures kept off the letter](https://ailawframework.com/precedents/costs-billing-and-litigation-funding/calderbank-costs-offer.md) | Letter | Yellow | Letter of offer made without prejudice except as to costs, using only figures the principal has approved, plus a separate note of the costs estimates to give the client before a litigious settlement… |
| [Offer of compromise under UCPR rule 20.26 (NSW)](https://ailawframework.com/precedents/costs-billing-and-litigation-funding/nsw-offer-of-compromise.md) | Court document | Yellow | Notice of offer of compromise for proceedings under the Uniform Civil Procedure Rules 2005 (NSW), with the rule 20.26 requirements set out so the principal can see if the notice meets them. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*