130th Ohio General Assembly
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S. B. No. 36  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 36


Senator Kearney 



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 An offer made under this section that is not accepted shall be considered withdrawn, and evidence of the offer and nonacceptance of the offer is not admissible at the trial or in any proceeding in the action.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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