| Sec. 2311.16. At any time more than twenty days before the | 5 |
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trial begins, a party defending against a claim in a civil action | 6 |
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may serve upon the adverse party an offer to allow judgment to be | 7 |
|
taken against the defending party for the money or property | 8 |
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specified in the offer. If within twenty days after the defending | 9 |
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party's service of the offer the adverse party serves upon that | 10 |
|
defending party written notice that the offer is accepted, either | 11 |
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party may then file with the court the offer and the notice of | 12 |
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acceptance together with proof of service of the offer and notice | 13 |
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of acceptance. Upon that filing, the clerk of the court shall | 14 |
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enter judgment in the action. An offer made under this section | 15 |
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that is not accepted shall be considered withdrawn, and evidence | 16 |
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of
the offer and nonacceptance of the offer is not admissible at | 17 |
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the
trial or in any proceeding in the action. If the judgment | 18 |
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that is
finally obtained by the adverse party to whom the offer | 19 |
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is made
under this section is not more favorable than the offer, | 20 |
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that
party shall pay the costs incurred by the defending party | 21 |
|
after
making the offer. | 22 |