Ind. Trial Rule 68

Effective January 1, 1970

At any time more than ten [10] days before the trial begins, a party defending against a claim

may serve upon the adverse party an offer to allow judgment to be taken against him for the

money or property or to the effect specified in his offer, with costs then accrued. If within ten

[10] days after the 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 thereof and thereupon the clerk shall enter judgment. An offer not accepted shall be

deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer,

the offeree must pay the costs incurred after the making of the offer. The fact that an offer is

made but not accepted does not preclude a subsequent offer. When liability of one party to

another has been partially determined by verdict or order of judgment, but the amount or

extent of 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 ten [10] days prior to the commencement of hearings to determine the amount or extent of liability.