Section 998: Federal Civil Procedure Committee and American College Of Trial Lawyers’ Surveys Of State Offer of Judgment Provisions

Great Nationwide Resource Guide on State-by-State Provisions.

     We have examined numerous cases on Code of Civil Procedure section 998, California’s cost-shifting offer of judgment provision.

     For those of you wanting to know if similar mechanisms exist in other states, see the State Offer of Judgment Provisions, a project of the Federal Civil Procedure Committee, currently online, with information for 44 states.  See also the American College of Trial Lawyers’ Survey of State Offer of Judgment Provisions, conducted in October 2004.

     Just to show you a few of the differences, Connecticut requires that 12% annually be added to the judgment from the date of the complaint if a proper offer is made, Iowa requires that the offer must be made “in court,” and Michigan contemplates that the offeree may make a counteroffer.  Some states have no offer of judgment provisions.

     Co-contributors Marc and Mike thank their colleague Rob Stein for sharing the surveys with them.