Likely Consequences of Amendments to Rule 68, Federal Rules of Civil Procedure

• NCJ Number: 157507
• Author(s): J E Shapard
• Date Published: 1995
• Length: 70 pages
• Corporate Author: Federal Judicial Ctr
• Sale Source: Federal Judicial Ctr; National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

This survey of 954 attorneys attempted to ascertain the likely implications of proposed changes to Federal Rule of Civil Procedure 68.

Abstract

Rule 68 is an offer-of-judgment provision that encourages litigants to settle out of court and to avoid unnecessary trials by permitting the defendant to make a settlement offer that would raise the stakes for the plaintiff who would continue the litigation. Critics of the current Rule have proposed allowing any party to make an offer of judgment, and increasing the incentive for making and accepting offers by allowing the offerer to recover some portion of its postoffer attorneys' fees or other expenses not currently allowed as costs. The results of the survey, which documented the expense of litigation in Federal civil cases, the types of settlements reached by plaintiffs and defendants, and and the impact of the current rule, indicate that an amendment to strengthen Rule 68 would enhance access to the courts, increase fairness, and reduce litigation expenses and delay. 8 tables, 45 notes, and 3 appendixes