§ Rule 68.02 Acceptance or Rejection of Offer

Codes > Minnesota Statutes > Rules of > VII Provisional : Rule 68 > Rule 68.02

Rule 68.02. Acceptance or Rejection of Offer

    (a) Time for Acceptance. Acceptance of the offer shall be made by service of written notice of acceptance within 10 days after service of the offer. During the 10-day period the offer is irrevocable.

    (b) Effect of Acceptance of Offer of Judgment. If the offer accepted is an offer of judgment, either party may file the offer and
the notice of acceptance, together with the proof of service thereof, and the court shall order entry of judgment as follows:

        (1) If the offer is a total-obligation offer as provided in Rule 68.01(d), judgment shall be for the amount of the offer.

        (2) If the offer is a damages-only offer, applicable prejudgment interest, the plaintiff-offeree's costs and disbursements, and applicable attorney fees, all as accrued to the date of the offer, shall be determined by the court and included in the judgment.

    (c) Effect of Acceptance of Offer of Settlement. If the offer accepted is an offer of settlement, the settled claim(s) shall be
dismissed upon

        (1) the filing of a stipulation of dismissal stating that the terms of the offer, including payment of applicable prejudgment interest, costs and disbursements, and applicable attorney fees, all accrued to the date of the offer, have been satisfied or

        (2) order of the court implementing the terms of the agreement.

    (d) Offer Deemed Withdrawn. If the offer is not accepted within the 10-day period, it shall be deemed withdrawn.

    (e) Subsequent Offers. The fact that an offer is made but not accepted does not preclude a subsequent offer. Any subsequent offer by the same party under this rule supersedes all prior offers by that party.