X. Rule 68 Settlement Offers
| Library | Sword and Shield: A Practical Approach to Section 1983 Litigation (ABA) (2015 Ed.) |
X. RULE 68 SETTLEMENT OFFERS
When a § 1983 plaintiff receives a settlement offer before trial, the plaintiff should be sure to consider Federal Rule of Civil Procedure 68. Rule 68 provides that if a properly made pretrial settlement offer is rejected "and the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after making the offer."241 In the context of § 1983 actions, the Supreme Court has held that Rule 68 precludes plaintiffs from...
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