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Rule68. Settlement offers.

(a) Unless otherwise specified, an offer made under this rule is anoffer to resolve all claims in the action between the parties to the date ofthe offer, including costs, interest and, if attorney fees are permitted by lawor contract, attorney fees.

(b) If the adjusted award is not more favorable than the offer, theofferor is not liable for costs, prejudgment interest or attorney fees incurredby the offeree after the offer, and the offeree shall pay the offeror's costsincurred after the offer. The court may suspend the application of this rule toprevent manifest injustice.

(c) An offer made under this rule shall:

(c)(1) be in writing;

(c)(2) expressly refer to thisrule;

(c)(3) be made more than 14 daysbefore trial;

(c)(4) remain open for at least14 days; and

(c)(5) be served on the offereeunder Rule 5.

Acceptance of the offer shall bein writing and served on the offeror under Rule 5. Upon acceptance, either partymay file the offer and acceptance with a proposed judgment under Rule 58A.

(d) "Adjusted award" means the amount awarded by the finderof fact and, unless excluded by the offer, the offeree's costs and interestincurred before the offer, and, if attorney fees are permitted by law orcontract and not excluded by the offer, the offeree's reasonable attorney feesincurred before the offer. If the offeree's attorney fees are subject to acontingency fee agreement, the court shall determine a reasonable attorney feefor the period preceding the offer.

Advisory Committee Notes