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AK · rules

Alaska R. Civ. P. 68 (cases filed before August 7, 1997)

Offer of Judgment

activein force · 1987-08-01 – presentact-effective-date

(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days is considered withdrawn and evidence of the offer is not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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