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NCJ Number: 157507 Add to Shopping cart Find in a Library
Title: Likely Consequences of Amendments to Rule 68, Federal Rules of Civil Procedure
Author(s): J E Shapard
Corporate Author: Federal Judicial Ctr
United States of America
Date Published: 1995
Page Count: 70
Sponsoring Agency: Federal Judicial Ctr
Washington, DC 20002
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: Federal Judicial Ctr
Thurgood Marshall Federal Judiciary Building
One Columbus Circle, NE
Washington, DC 20002
United States of America

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Survey
Language: English
Country: United States of America
Annotation: This survey of 954 attorneys attempted to ascertain the likely implications of proposed changes to Federal Rule of Civil Procedure 68.
Abstract: Rule 68 is an offer-of-judgment provision that encourages litigants to settle out of court and to avoid unnecessary trials by permitting the defendant to make a settlement offer that would raise the stakes for the plaintiff who would continue the litigation. Critics of the current Rule have proposed allowing any party to make an offer of judgment, and increasing the incentive for making and accepting offers by allowing the offerer to recover some portion of its postoffer attorneys' fees or other expenses not currently allowed as costs. The results of the survey, which documented the expense of litigation in Federal civil cases, the types of settlements reached by plaintiffs and defendants, and and the impact of the current rule, indicate that an amendment to strengthen Rule 68 would enhance access to the courts, increase fairness, and reduce litigation expenses and delay. 8 tables, 45 notes, and 3 appendixes
Main Term(s): Courts
Index Term(s): Access to courts; Civil proceedings; Dispute resolution; Lawsuits; Trial procedures
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=157507

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