RDCSB84 4469 4862
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
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 10 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 changes present law to provide that a party may serve upon an adverse party
an offer of judgment after an opportunity for adequate discovery, but not less than 20 days
before the time specified for trial.
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.
Page 1 of 2 RDCSB84 4469 4862
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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the reengrossed bill:
1. Change present law to provide that a party may serve upon an adverse party an
offer of judgment after an opportunity for adequate discovery, but not less than
20 days before the time specified for trial.
2. Make technical changes.
Page 2 of 2