H.B.
235
OFFER OF JUDGMENT IN CIVIL CASES
House Committee
Amendments
Amendment 1 February 14, 2012 1:37 PM
Representative Ken Ivory proposes the following amendments:
1. Page 1, Lines 11 through 12 :
11 This bill:
12 . outlines a process for offers of judgment in civil actions
between business entities where the
amount in controversy does not exceed $50,000
;
2. Page 2, Line 30 :
30 (1)
This Section applies to commercial transactions between business entities or organizations
in which the amount in controversy does not exceed $50,000.
(2)
At any time
{
before trial,
}
after commencement of a legal action
but not less than 10
days before commencement of the
3. Page 2, Lines 39 through 40 :
39
{
(3)
}
(4)
A party may not be subject to the sanctions of Subsections
{
(28)
}
(29)
through
{
(33)
}
(34)
for
40 rejection of an offer that is made and served pursuant to Subsection
{
(1)
}
(2)
or
{
(2)
}
(3)
less than 10 days
4. Page 2, Lines 48 through 51 :
48
{
(6)
}
(7)
The offer may specify a longer acceptance period than the period prescribed by
49 Subsection
{
(22)
}
(23)
, but may not permit an acceptance after the commencement of a trial if the
50 offer is made pursuant to Subsection
{
(2)
}
(3)
and may not permit an acceptance after the
51 commencement of the proceeding if the offer is made pursuant to Subsection
{
(2)
}
(3)
.
5. Page 2, Lines 57 through 58 :
57
{
(9)
}
(10)
An offer may not be withdrawn except by written stipulation or as provided in
58 Subsection
{
(23)
}
(24)
.
6. Page 3, Lines 80 through 82 :
80
{
(15)
}
(16)
No combination of offerees that jointly claim or defend under the same common
81 theory of liability concerning jointly owned property is a group as that term is used in
82 Subsection
{
(14)
}
(15)
and this Subsection
{
(15)
}
(16)
. When two or more offerees jointly
claim or defend
7. Page 3, Lines 86 through 87 :
86
{
(16)
}
(17)
If the offeree serves written notice that the offer is accepted within the acceptance
87 period provided by Subsection
{
(22)
}
(23)
, the offer shall be considered accepted and either party
may
8. Page 4, Line 91 :
91
{
(17)
}
(18)
Except as otherwise provided in Subsection
{
(27)
}
(28)
, the clerk or
judge shall enter
9. Page 4, Lines 111 through 113 :
111
{
(20)
}
(21)
A claimant who has not been paid within a reasonable time may obtain an order to
112 amend the judgment and remove the Subsection
{
(18)
}
(19)
designation of compromise and
113 settlement.
10. Page 4, Lines 116 through 118 :
116
{
(22)
}
(23)
An offer made pursuant to Subsection
{
(1)
}
(2)
may be accepted before
trial or within
117 10 days after service, whichever period is shorter. An offer made pursuant to Subsection
{
(2)
}
(3)
118 may be accepted before the commencement of the proceeding or within 10 days after service,
11. Page 4, Line 120 through Page 5, Line 121 :
120
{
(23)
}
(24)
The offer shall be considered rejected by the offeree if not accepted within the
121 period prescribed by Subsection
{
(22)
}
(23)
. If this period is enlarged by the court, the offeror may
12. Page 5, Lines 127 through 129 :
127
{
(25)
}
(26)
The fact that an offer is made but not accepted does not preclude a subsequent
128 offer. The service of a subsequent offer does not operate to revoke a prior offer. A party may
129 not be subject to the sanctions of Subsections
{
(28)
}
(29)
through
{
(33)
}
(34)
for the
rejection of a prior offer
13. Page 5, Lines 132 through 138 :
132
{
(27)
}
(28)
For apportioned offers to multiple offerees that are conditioned upon the
133 acceptance by all parties to whom the offer was directed, each offeree may serve a separate
134 acceptance of the offer, but if the offer is not accepted by all offerees, no judgment or order of
135 dismissal may be entered pursuant to Subsections
{
(16)
}
(17)
through
{
(21)
}
(22)
and the
action shall
136 proceed as to all. Any offeree who fails to accept the offer shall be subject to the sanctions in
137 Subsections
{
(28)
}
(29)
through
{
(33)
}
(34)
.
138
{
(28)
}
(29)
Except as otherwise provided in Section
{
(32)
}
(33)
, if a party who
rejects an offer fails
14. Page 6, Line 167 :
167
{
(31)
}
(32)
An award against a party made pursuant to Subsections
{
(28)
}
(29)
through
{
(33)
}
(34)
may not
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