MOTION FOR SUMMARY JUDGMENT – PART XII: OFFER OF JUDGMENTLitigation
If you receive an Offer of judgment and you are not inclined to accept it, what should you do? It is important that you timely object, if there are any grounds to object. This will allow the Court to deny a motion to sanction you in the event the final award after trial is less favorable for you than the Offer.
What are some of the possible defects to an Offer of Judgment? This is not an exhaustive list, but these defects could include (1) making the offer too late, (2) failing to specify a monetary sum, (3) making an unapportioned offer to more than one defendant (in cases where there is more than one defendant), or (4) failing to include language in the Offer indicating the completeness of the Offer. Your attorney will be able to analyze the potential grounds to object based upon the facts of your case and the contents of the Offer.