AK · rules
Alaska R. Civ. P. 68 (cases filed before August 7, 1997)
Offer of Judgment
(a) At any time more than 10 days before the trial begins,
either the party making a claim or the party defending against a
claim may serve upon the adverse party an offer to allow
judgment to be entered in complete satisfaction of the claim for
the money or property or to the effect specified in the offer,
with costs then accrued. The offer may not be revoked in the
10 day period following service of the offer. If within 10 days
after service of the offer the adverse party serves written notice
that the offer is accepted, either party may then file the offer
and notice of acceptance together with proof of service, and
the clerk shall enter judgment. An offer not accepted within 10
days is considered withdrawn and evidence of the offer is not
admissible except in a proceeding to determine costs. The fact
that an offer is made but not accepted does not preclude a
subsequent offer.
(b) If the judgment finally rendered by the court is not
more favorable to the offeree than the offer, the prejudgment
interest accrued up to the date judgment is entered shall be
adjusted as follows:
(1) if the offeree is the party making the claim, the
interest rate will be reduced by the amount specified in AS
09.30.065 and the offeree must pay the costs and attorney’s
fees incurred after the making of the offer (as would be
calculated under Civil Rules 79 and 82 if the offeror were the
prevailing party). The offeree may not be awarded costs or
attorney’s fees incurred after the making of the offer.
(2) if the offeree is the party defending against the claim,
the interest rate will be increased by the amount specified in
AS 09.30.065.
(c) When the liability of one party to another has been
determined by verdict or order or judgment, but the amount or
extent of the liability remains to be determined by further
proceedings, the party adjudged liable may make an offer of
judgment, which shall have the same effect as an offer made
before trial if it is served within a reasonable time not less than
10 days prior to the commencement of hearings to determine
the amount or extent of liability.
History
(Adopted by SCO 5 October 9, 1959; amended by SCO 818 effective August 1, 1987) EDITOR’S NOTE: See Note to SCO 1281 following text of Rule 68 applicable after August 7, 1997.
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
32340c17212b2975c0189842aba917a633e809fa46142044abaa9edd6823e0f5
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