TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 3, 2013
RE: Rule 68, N.D.R.Civ.P., Offer of Settlement or Confession of Judgment; Tender
At the January meeting, the committee addressed Attorney Steven Leibel's request that the committee consider amendments to Rule 68 that would encourage plaintiffs to make offers of settlement by making it possible for them to receive double costs if the defendant rejects the offer and the plaintiff later obtains a more favorable result at trial. The committee rejected the double costs approach.
In the course of its discussion, the committee discussed the Minnesota approach to offers of settlement and several members indicated it was superior to North Dakota's because it provided more clarity about the offer of settlement process and outcome. In response to the committee's requests, staff has prepared proposed amendments to Rule 68 that would incorporate the Minnesota approach. The amendments are attached.