Offer of judgment

What offer of judgment means

In short, offer of judgment definition is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where offer of judgment definition comes up

For example, the term appears in these procedures:

• Offer of Judgment (Fed. R. Civ. P. 68): a formal written offer by a party defending against a claim to allow judgment on specified terms, with the costs then accrued. If the opposing party serves written notice accepting the offer within 14 days after being served, either party may file the offer, the notice of acceptance and proof of service. The clerk must then enter judgment.

Read the source: Settlement.

How to research the term

To research offer of judgment definition, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Oath: a solemn declaration, usually invoking a sense of moral or religious obligation, that a statement is true or that a person will faithfully perform a duty.
• Objection: a formal statement opposing a question, an item of evidence, a discovery request or a ruling, together with the reason.
• Obligation: a legally binding duty, especially a duty to pay money or perform under a contract.
• Offer: in contract law, the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it (Restatement (Second) of Contracts § 24).

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.