Rule
68. Settlement offers.
(a) Unless otherwise specified, an offer made under this rule is an
offer to resolve all claims in the action between the parties to the date of
the offer, including costs, interest and, if attorney fees are permitted by law
or contract, attorney fees.
(b) If the adjusted award is not more favorable than the offer, the
offeror is not liable for costs, prejudgment interest or attorney fees incurred
by the offeree after the offer, and the offeree shall pay the offeror's costs
incurred after the offer. The court may suspend the application of this rule to
prevent manifest injustice.
(c) An offer made under this rule shall:
(c)(1) be in writing;
(c)(2) expressly refer to this
rule;
(c)(3) be made more than 14 days
before trial;
(c)(4) remain open for at least
14 days; and
(c)(5) be served on the offeree
under Rule 5.
Acceptance of the offer shall be
in writing and served on the offeror under Rule 5. Upon acceptance, either party
may file the offer and acceptance with a proposed judgment under Rule 58A.
(d) "Adjusted award" means the amount awarded by the finder
of fact and, unless excluded by the offer, the offeree's costs and interest
incurred before the offer, and, if attorney fees are permitted by law or
contract and not excluded by the offer, the offeree's reasonable attorney fees
incurred before the offer. If the offeree's attorney fees are subject to a
contingency fee agreement, the court shall determine a reasonable attorney fee
for the period preceding the offer.