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2004 SESSION

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HB 1325 Compromises; offer of judgment or settlement.

Introduced by: Bradley P. Marrs | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Offer of judgment. Creates in civil actions provisions for an offer of judgment similar to that contained in the Federal Rules of Civil Procedure, except that either the defending or prosecuting party may make an offer. A party may offer, no later than 10 days before trial, to have judgment taken against him or an award entered for him. If the adverse party accepts, the court enters judgment. If the offer is rejected, and the trial results are not more favorable to the offeree than the offer, the court may deny the offeree recovery of its post-offer costs, and the court may order the offeree to pay the offeror's costs from the time of offer. For the purposes of the statute, costs shall include expert witness fees; court reporter appearance fees; fees for transcripts; travel expenses for attorneys, fact witnesses and expert witnesses; fees for service of process; filing fees; and cancellation fees charged by expert witnesses.


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