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S. B. No. 52 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To request the Supreme Court to amend Rule 68 of the
Ohio Rules of Civil Procedure regarding offers of
judgment.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. The General Assembly respectfully requests the
Supreme Court to amend Rule 68 of the Ohio Rules of Civil
Procedure regarding offers of judgment to read as follows:
(A) Making an offer; judgment on an accepted offer. More than
ten days before the trial begins, a party defending against a
claim may serve on an opposing party an offer to allow judgment on
specified terms, with the costs then accrued. If, within ten days
after being served, the opposing party serves written notice
accepting the offer, either party may then file the offer and
notice of acceptance, plus proof of service. The clerk must then
enter judgment.
(B) Unaccepted offer. An unaccepted offer is considered
withdrawn, but it does not preclude a later offer. Evidence of an
unaccepted offer is not admissible except in a proceeding to
determine costs.
(C) Offer after liability is determined. When one party's
liability to another has been determined but the extent of
liability remains to be determined by further proceedings, the
party held liable may make an offer of judgment. It must be served
within a reasonable time—but at least ten days—before a hearing to
determine the extent of liability.
(D) Paying costs after an unaccepted offer. If the judgment
that the offeree finally obtains is not more favorable than the
unaccepted offer, the offeree must pay the costs incurred after
the offer was made.
(E) This rule does not apply to a civil action to which
division (B)(2) of section 2315.18 or division (A)(2) or (3) of
section 2323.43 of the Revised Code applies.
Section 2. The General Assembly respectfully requests the
Supreme Court to consider making the provisions of amended Rule 68
of the Ohio Rules of Civil Procedure regarding an offer of
judgment applicable to a demand made by a party that is a
plaintiff pursuing a claim, such that, if a demand is made to
settle the case more than ten days before the trial, the demand is
not accepted by the defending party, and the verdict is as
favorable or more favorable than the demand, then the defending
party shall pay the costs incurred after the demand was made under
the same terms and requirements that are applicable to a party
making an offer of judgment.
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