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S. B. No. 36 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To enact section 2311.16 of the Revised Code to
provide for offers of judgment in civil actions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2311.16 of the Revised Code be
enacted to read as follows:
Sec. 2311.16. At any time more than twenty days before the
trial begins, a party defending against a claim in a civil action
may serve upon the adverse party an offer to allow judgment to be
taken against the defending party for the money or property
specified in the offer. If within twenty days after the defending
party's service of the offer the adverse party serves upon that
defending party written notice that the offer is accepted, either
party may then file with the court the offer and the notice of
acceptance together with proof of service of the offer and notice
of acceptance. Upon that filing, the clerk of the court shall
enter judgment in the action. An offer made under this section
that is not accepted shall be considered withdrawn, and evidence
of
the offer and nonacceptance of the offer is not admissible at
the
trial or in any proceeding in the action. If the judgment
that is
finally obtained by the adverse party to whom the offer
is made
under this section is not more favorable than the offer,
that
party shall pay the costs incurred by the defending party
after
making the offer.
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