Check an offer of judgment against Rule 68
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the offer, record who is defending against the claim, who was served, the date of service, the specified terms, whether costs then accrued are included, and the date set for trial. Flag an offer served fewer than 14 days before the trial date. Do not compare the offer with a judgment and do not state a costs result.
- What the lawyer must review
- You decide whether to make, accept, or leave the offer, and, after judgment, whether Rule 68(d) applies. Rule 68 lets a party defending against a claim serve an offer to allow judgment on specified terms, with the costs then accrued, at least 14 days before the date set for trial. If the opposing party serves written notice of acceptance within 14 days, either party may file the offer, the notice of acceptance, and proof of service, and the clerk must enter judgment. An unaccepted offer is withdrawn. It is not admissible except in a proceeding to determine costs. 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 was made. Formal Opinion 512 requires you to check any generated terms before they are served.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.