RÉSUMÉ DIGEST
ACT 502 (SB 84) 2024 Regular Session Seabaugh
Existing 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.
Existing law provides that the offer of judgment shall be in writing and state that it is made
pursuant to existing 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.
Existing law provides that unless accepted, an offer of judgment shall remain confidential
between the offeror and offeree.
Existing law provides that 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. Existing
law further provides that the court shall grant such judgment on the motion of either party.
New law changes existing 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.
Existing 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.
New 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.
Effective August 1, 2024.
(Amends C.C.P. Art. 970(A) and (C))