|
|
|
State Law
Federal Law
|
Florida Civil Practice And Procedure Code Section 45.061 - Civil Procedure: General Provisions - Offers of settlement.Legal Research Home > Florida Lawyer > Civil Practice and Procedure > Florida Civil Practice And Procedure Code Section 45.061 - Civil Procedure: General Provisions - Offers of settlement. Title VI CIVIL PRACTICE AND PROCEDUREChapter 45 CIVIL PROCEDURE: GENERAL PROVISIONS45.061 Offers of settlement.-- (1) At any time more than 60 days after the service of a summons and complaint on a party but not less than 60 days (or 45 days if it is a counteroffer) before trial, any party may serve upon an adverse party a written offer, which offer shall not be filed with the court and shall be denominated as an offer under this section, to settle a claim for the money, property, or relief specified in the offer and to enter into a stipulation dismissing the claim or to allow judgment to be entered accordingly. The offer shall remain open for 45 days unless withdrawn sooner by a writing served on the offeree prior to acceptance by the offeree. An offer that is neither withdrawn nor accepted within 45 days shall be deemed rejected. The fact that an offer is made but not accepted does not preclude the making of a subsequent offer. Evidence of an offer is not admissible except in proceedings to enforce a settlement or to determine sanctions under this section. (2) If, upon a motion by the offeror within 30 days after the entry of judgment, the court determines that an offer was rejected unreasonably, resulting in unnecessary delay and needless increase in the cost of litigation, it may impose an appropriate sanction upon the offeree. In making this determination the court shall consider all of the relevant circumstances at the time of the rejection, including: (a) Whether, upon specific request by the offeree, the offeror had unreasonably refused to furnish information which was necessary to evaluate the reasonableness of the offer. (b) Whether the suit was in the nature of a "test case," presenting questions of far-reaching importance affecting nonparties.
(3) In determining the amount of any sanction to be imposed under this section, the court shall award: (a) The amount of the parties' costs and expenses, including reasonable attorneys' fees, investigative expenses, expert witness fees, and other expenses which relate to the preparation for trial, incurred after the making of the offer of settlement; and (b) The statutory rate of interest that could have been earned at the prevailing statutory rate on the amount that a claimant offered to accept to the extent that the interest is not otherwise included in the judgment.
(4) This section shall not apply to any class action or shareholder derivative suit or to matters relating to dissolution of marriage, alimony, nonsupport, eminent domain, or child custody. (5) Sanctions authorized under this section may be imposed notwithstanding any limitation on recovery of costs or expenses which may be provided by contract or in other provisions of Florida law. This section shall not be construed to waive the limits of sovereign immunity set forth in s. 768.28. (6) This section does not apply to causes of action that accrue after the effective date of this act. History.--s. 1, ch. 87-249; s. 22, ch. 90-119. Florida Lawyers
Fort Lauderdale, Florida Lawyers
Miami, Florida Lawyers
Orlando, Florida Lawyers
Pensacola, Florida Lawyers
Tampa, Florida Lawyers
West Palm Beach, Florida Lawyers
Last modified: November 21, 2006 |