SLS 24RS-253 REENGROSSED
2024 Regular Session
SENATE BILL NO. 84
BY SENATOR SEABAUGH
CIVIL PROCEDURE. Provides for motion for judgment on offer of judgment. (8/1/24)
1 AN ACT
2 To amend and reenact Code of Civil Procedure Art. 970 (A), (C), and (D), relative to
3 motions for judgment on offer of judgment; to provide for costs and attorney fees;
4 to provide relative to parties; to provide for certain terms, conditions, and
5 procedures; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Civil Procedure Art. 970 (A), (C), and (D) are hereby amended
8 and reenacted to read as follows:
9 Art. 970. Motion for judgment on offer of judgment
10 A. At any time more than twenty days before the time specified for the trial
11 of the matter, without any admission of liability, any party may serve upon an
12 adverse party an offer of judgment for the purpose of settling all of the claims
13 between them. The offer of judgment shall be in writing and state that it is made
14 under this Article; specify the total amount of money of the settlement offer; and
15 specify whether that amount is inclusive or exclusive of costs, interest, attorney fees,
16 and any other amount which may be awarded pursuant to statute or rule. Unless
17 accepted, an offer of judgment shall remain confidential between the offeror and
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 84
SLS 24RS-253 REENGROSSED
1 offeree. If the adverse party, within ten days after service, serves written notice that
2 the offer is accepted, either party may move for judgment on the offer. The court
3 shall grant such judgment on the motion of either party.
4 * * *
5 C. If the final judgment obtained by the plaintiff-offeree is at least
6 twenty-five percent less than the amount of the offer of judgment made by the
7 defendant-offeror or if the final judgment obtained against the defendant-offeree is
8 at least twenty-five percent greater than the amount of the offer of judgment made
9 by the plaintiff-offeror, or if the final judgment is in favor of the defendant-
10 offeror, the offeree must pay the offeror's costs, exclusive of attorney fees, incurred
11 after the offer was made, as fixed by the court.
12 D. The fact that an offer is made but not accepted does not preclude a
13 subsequent offer or a counter offer. When the liability of one party to another has
14 been determined by verdict, order, or judgment, but the amount or extent of the
15 damages remains to be determined by future proceedings, either party may make an
16 offer of judgment, which shall have the same effect as an offer made before trial if
17 it is served within a reasonable time not less than thirty days before the start of
18 hearings to determine the amount or extent of damages.
19 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 84 Reengrossed 2024 Regular Session Seabaugh
Present law (C.C.P. Art. 970) provides at any time more than 20 days before the time
specified for the trial of the matter, without any admission of liability, any party may serve
upon an adverse party an offer of judgment for the purpose of settling all of the claims
between them. The offer of judgment shall be in writing and state that it is made pursuant
to present law; specify the total amount of money of the settlement offer; and specify
whether that amount is inclusive or exclusive of costs, interest, attorney fees, and any other
amount which may be awarded pursuant to statute or rule. Unless accepted, an offer of
judgment shall remain confidential between the offeror and offeree. If the adverse party,
within ten days after service, serves written notice that the offer is accepted, either party may
move for judgment on the offer. The court shall grant such judgment on the motion of either
party.
Proposed law retains present law.
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Present law provides that if the final judgment obtained by the plaintiff-offeree is at least
25% less than the amount of the offer of judgment made by the defendant-offeror or if the
final judgment obtained against the defendant-offeree is at least 25% greater than the amount
of the offer of judgment made by the plaintiff-offeror, the offeree must pay the offeror's
costs, exclusive of attorney fees, incurred after the offer was made, as fixed by the court.
Proposed law provides that if the final judgment obtained by the plaintiff-offeree is at least
25% less than the amount of the offer of judgment made by the defendant-offeror or if the
final judgment obtained against the defendant-offeree is at least 25% greater than the amount
of the offer of judgment made by the plaintiff-offeror, or if the final judgment is in favor of
the defendant-offeror, the offeree must pay the offeror's costs, exclusive of attorney fees,
incurred after the offer was made, as fixed by the court.
Present law provides that the fact that an offer is made but not accepted does not preclude
a subsequent offer or a counter offer. When the liability of one party to another has been
determined by verdict, order, or judgment, but the amount or extent of the damages remains
to be determined by future proceedings, either party may make an offer of judgment, which
shall have the same effect as an offer made before trial if it is served within a reasonable
time not less than 30 days before the start of hearings to determine the amount or extent of
damages.
Proposed law retains present law.
Effective August 1, 2024.
(Amends C.C.P. Art. 970(A), (C), and (D))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Changes "any plaintiff" and "any defendant" to "any party".
2. Adds that if the final judgment is in favor of the defendant, the offeree must
pay the offeror's costs incurred after the offer was made.
3. Removes the award of attorney fees, if the final judgement is in favor of the
defendant.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
2. Changes "defendant" to "defendant-offeror".
3. Clarifies that the offeree must pay the offeror's costs, exclusive of attorney
fees.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.