The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 84 Engrossed 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.
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, the
offeree must pay the offeror's costs, 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) 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.