|
KENTUCKY
RULES OF CIVIL PROCEDURE
RULE 68 OFFER
OF JUDGMENT
CR
68 OFFER OF JUDGMENT
(1) At any time
more than 10 days before the trial begins, a party defending against
a claim may serve upon the adverse party an offer to allow judgment
to be taken against him for the money or property, or to the effect
specified in his offer, with costs then accrued. The offer may be
conditioned upon the party's failure in his defense. If within 10
days after service of the offer the adverse party serves written
notice that the offer is accepted, either party may then file the
offer and notice of acceptance, together with the proof of service
thereof, and thereupon judgment shall be rendered accordingly,
except when the offer is one conditioned upon failure in defense, in
which case the judgment shall be rendered when the defense has
failed.
(2) When the
liability of one party to another has been determined by verdict or
order or judgment, but the amount or extent of the liability remains
to be determined by further proceedings, the party adjudged liable
may make an offer of judgment, which shall have the same effect as
an offer made before the trial if it is served within a reasonable
time not less than 10 days prior to the commencement of hearings to
determine the amount or extent of liability.
(3) An offer not
accepted shall be deemed withdrawn and evidence thereof is not
admissible except in a proceeding to determine costs. If the
judgment finally obtained by the offeree is not more favorable than
the offer, the offeree must pay the costs incurred after the making
of the offer. The fact that an offer is made but not accepted does
not preclude a subsequent offer.
[Amended eff.
7-1-69; prior amendment eff. 4-1-63; adopted eff. 7-1-53]
TOP
of PAGE
|