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New Jersey's Offer of Judgment Rule

By Gary L. Riveles and Cyndee L. Allert
November 26, 2013

The vast majority of the states follow Federal Rule of Civil Procedure (F.R.Civ.P.) 68, which was first enacted in 1937 and was modeled after then-existing Rules in Minnesota and New York. F.R.Civ.P. 68 permits a defendant to file an Offer of Judgment with the court and plaintiff. If the plaintiff declines the offer or fails to respond, and does not secure a plaintiff verdict greater than the proposed offer, the plaintiff is required to pay the defendant's post-offer court costs.'

The Evolution of New Jersey's Rule

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