SCRCP 68

(a) Offer of Judgment. Any party in a civil action, except a domestic relations action, may file, no later

than twenty days before the trial date, a written offer of judgment signed by the offeror or his

attorney, directed to the opposing party, offering to take judgment in the offeror’s favor, or to allow

judgment to be taken against the offeror for a sum stated therein, or to the effect specified in the

offer. Service of the offer of judgment shall be made as provided in these rules. Within twenty days

after service of the offer of judgment or at least ten days prior to the trial date, whichever date is

earlier, the offeree or his attorney may file a written acceptance of the offer of judgment. Upon the

filing, the court shall immediately issue the judgment and the clerk shall enter the judgment as

provided in the offer of judgment. If the offer of judgment is not accepted within twenty days after

notification, or prior to or on the tenth day before the actual trial date, whichever date occurs first, the

offer shall be considered rejected and evidence thereof is not admissible except in a proceeding after

trial to fix costs, interest, attorney’s fees, and other recoverable monies. Any offeror may withdraw an

offer of judgment prior to its acceptance or prior to the date on which it would be considered rejected

by giving notice to the offeree or his attorney as provided in these rules. Any offeror may file a

subsequent offer of judgment in any amount which supersedes any earlier offer that was rejected by

the offeree or withdrawn by the offeror, and, on filing and service, terminates any rights to interest or

costs under the superseded offer. An offer is not considered rejected by a counter offer and shall

remain effective until accepted, rejected, or withdrawn as provided in this subsection. All offers of

judgment and any acceptance of offers of judgment must be included by the clerk in the record of the

case.

(b) Consequences of Non-Acceptance. If an offer of judgment is not accepted and the offeror

obtains a verdict or determination at least as favorable as the rejected offer, the offeror shall recover

from the offeree: (1) any administrative, filing, or other court costs from the date of the offer until the

entry of the judgment; (2) if the offeror is a plaintiff, eight percent interest computed on the amount of

the verdict or award from the date of the offer to the entry of judgment; or (3) if the offeror is a

defendant, reduction from the judgment or award of eight percent interest computed on the amount

of the verdict or award from the date of the offer to the entry of the judgment.

(c) This rule shall not abrogate the contractual rights of any party concerning the recovery of

attorney’s fees or other monies in accordance with the provision of any written contract between the

parties to the action.

Note:

This Rule 68 is essentially Code §§ 15-21-40, 15-21-50, and 15-65-130 and is not

identical to the Federal Rule.

Note to 1986 Amendment:

This material was formerly found in S.C. Code §§ 15-21-10, 30 and 40, and is added to

make the procedure under the rule consistent with prior practice.

Note to 1994 Amendment:

Rule 68(a) and (b) are amended to permit a defending party to recover costs when the

plaintiff fails to recover any judgment in his favor as well as when the plaintiff's

recovery is less than the offer of judgment.

Note to 2006 Amendment:

This amendment makes this provision consistent with S.C. Code Ann. Section 15-35-

400, which became effective July 1, 2005.