1 PerspectiveDecember 17, 2008

Rule 68 Offers: A Few Sample Forms to Get You Started

A few months ago we first discussed how valuable Rule 68 can be in Rule 68 and Offers of Judgment, Part I:  How they Work and Why You Should Care, and that initial post has evolved into this series on Rule 68. I have recently heard from a few readers who are new to offers of judgment, with several looking for sample Rule 68 Offers to help get them started. This is a quick post to do just that.

A Few Sample Rule 68 Offers of Judgment

Attached are four Rule 68 Offers actually submitted in California, Michigan, Florida and Illinois by three lawyers I have worked with (and, in one case, against) recently:

• Thomas J. Cunningham, who practices in Chicago, submitted this sample and this sample;
• Edward Patrick (“Pat”) Swan, Jr., who practices in San Diego, submitted a sample Rule 68 Offer of Judgment in .doc and .pdf formats; and
• William E. (“Bill”) Adams, Jr., who practices in Jacksonville (and who you may recall from a recent post about Malcolm Gladwell’s Blink), submitted this sample.

The Necessary Disclaimer

As he helped raise me as a young associate, Gordon Shapiro told me that I was free to start with a form to draft any pleading, but I was responsible for knowing why every comma and every character appeared on my final product — and the legal consequences of each. I pass Gordon’s Rule on to you.

Good luck.

[In case you want links to all the posts in Settlement Perspectives' Rule 68 and Offers of Judgment Series, here they are:

• Rule 68 and Offers of Judgment, Part I:  How They Work and Why You Should Care;
  
• Rule 68 and Offers of Judgment, Part II:  Why They Work and How to Use Them;
  
• Rule 68 and Offers of Judgment, Part III:  9 Situations Where They Just Might Work;
  
• Claims for Attorneys' Fees: How Rule 68 Can (Sometimes) Help;
• Ambiguities in Rule 68:  Why Are They Relevant to You?; and
  
• Rule 68 Offers:  A Few Sample Forms to Get You Started (this post).]

Categories: Miscellaneous,Rule 68,Settlement,Tactics

I welcome comments on this or any post. Please feel free to comment in the “Add Your Own Perspective” area below, whether you use your actual name or pseudonym. If you don’t feel comfortable commenting directly on this site, I can easily be reached by email at jd@johndegroote.com.