Rule 68. Offer of judgment and disclaimer. - North Carolina Statutes

Rule 68. Offer of judgment anddisclaimer.

(a)        Offer of judgment.– At any time more than 10 days before the trial begins, a party defendingagainst a claim may serve upon the adverse party an offer to allow judgment tobe taken against him for the money or property or to the effect specified inhis offer, with costs then accrued. If within 10 days after the service of theoffer the adverse party serves written notice that the offer is accepted,either party may then file the offer and notice of acceptance together withproof of service thereof and thereupon the clerk shall enter judgment. An offernot accepted within 10 days after its service shall be deemed withdrawn andevidence of the offer is not admissible except in a proceeding to determinecosts. If the judgment finally obtained by the offeree is not more favorablethan the offer, the offeree must pay the costs incurred after the making of theoffer. The fact that an offer is made but not accepted does not preclude asubsequent offer.

(b)        Conditional offerof judgment for damages. – A party defending against a claim arising incontract or quasi contract may, with his responsive pleading, serve upon theclaimant an offer in writing that if he fails in his defense, the damages shallbe assessed at a specified sum; and if the claimant signifies his acceptancethereof in writing within 20 days of the service of such offer, and on thetrial prevails, his damages shall be assessed accordingly. If the claimant doesnot accept the offer, he must prove his damages as if the offer had not beenmade. If the damages assessed in the claimant's favor do not exceed the sumstated in the offer, the party defending shall recover the costs in respect tothe question of damages. (1967, c. 954, s. 1.)