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Offers of judgment – the illusion of leverage

Posted on : January 13, 2017

The Mississippi Rules of Civil Procedure permit a defendant to make an offer of judgment to the plaintiff prior to trial.An offer of judgment is simply an agreement of the defendant to give the plaintiff a judgment in a certain amount.

How are offers of judgment made? In Mississippi state courts, Rule 68 of the Mississippi Rules of Civil Procedure applies to these offers.The procedure is simple and must be done at least 15 days prior to trial. The defendant sends the plaintiff a written offer.

The offer says the defendant will allow a judgment to be taken for a certain amount.The plaintiff has 10 days to send back a written notice accepting the offer.

If the offer is accepted, the court is notified and enters a judgment.If the plaintiff does not accept the offer within 10 days, it is deemed withdrawn. In addition, the plaintiff cannot introduce the offer of judgment at trial.

Source: Offers of judgment – the illusion of leverage | Panter Law Firm, PLLC

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