---
title: "Record the cost consequence of an unaccepted offer of judgment"
url: "https://ailawframework.com/practice/defamation-and-media-law/map-the-indemnity-costs-risk-from-a-settlement-offer/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A33-PE20261022-6-US"
practice_area: "Defamation & Media Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the cost consequence of an unaccepted offer of judgment

> From the offer and the docket, record the date set for trial, the date the offer was served, the date any written acceptance was served, and, if a judgment has been entered, the judgment the offeree obtained.…

Canonical page: https://ailawframework.com/practice/defamation-and-media-law/map-the-indemnity-costs-risk-from-a-settlement-offer/united-states  
Last reviewed: 2026-10-22

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Defamation & Media Law](https://ailawframework.com/practice/defamation-and-media-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the offer and the docket, record the date set for trial, the date the offer was served, the date any written acceptance was served, and, if a judgment has been entered, the judgment the offeree obtained. Do not decide that the judgment is less favorable than the offer, and do not compute a cost figure. |
| What the lawyer must review | The lawyer applies Federal Rule of Civil Procedure 68 in a federal civil action. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may file the offer, the notice of acceptance, and proof of service, and the clerk must enter judgment. An unaccepted offer is considered withdrawn. It does not preclude a later offer. Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made. When liability has been determined but the extent of liability remains to be determined, the party held liable may serve an offer within a reasonable time, but at least 14 days, before the date set for the hearing on the extent of liability. The same offer, acceptance, and cost text appears on the second rule-text page. The rule does not mention indemnity costs, and it is not limited to defamation. The lawyer decides whether the judgment is more favorable than the offer and what costs the rule reaches in this case. |
| Written for | United States |
| Applies to | [Map the indemnity-costs risk from a settlement offer](https://ailawframework.com/practice/defamation-and-media-law/map-the-indemnity-costs-risk-from-a-settlement-offer.md) |

## Checking plan

- What the AI does: From the offer and the docket, record the date set for trial, the date the offer was served, the date any written acceptance was served, and, if a judgment has been entered, the judgment the offeree obtained. Do not decide that the judgment is less favorable than the offer, and do not compute a cost figure.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Rule 68 is a federal civil rule about costs after an unaccepted offer. It is not an indemnity-costs rule and it is not a defamation rule.
- The offer must be served at least 14 days before the date set for trial. Resetting the trial date sets a new time. The 2009 committee note on the Cornell page says that.

## Sources

- [Federal Rule of Civil Procedure 68, offer of judgment](https://www.law.cornell.edu/rules/frcp/rule_68) (checked 2026-10-22)
- [Federal Rule of Civil Procedure 68, offer of judgment (rule text)](https://www.federalrulesofcivilprocedure.org/frcp/title-viii-provisional-and-final-remedies/rule-68-offer-of-judgment/) (checked 2026-10-22)

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