Section 17-13.—Defendant’s Offer Not Accepted

This section spells out what happens when a plaintiff lets a defendant’s offer of compromise lapse without filing a notice of acceptance before trial evidence begins. The offer is deemed withdrawn and cannot be shown to the jury. From that point, the plaintiff’s cost recovery is at risk: unless the plaintiff ultimately recovers more than the offer plus interest running from the offer’s date, the plaintiff cannot recover costs that accrued after receiving notice of the offer, and must instead pay the defendant’s costs from that same point. Those costs may include attorney’s fees up to $350, though the rule does not override any contract between the parties that separately governs fee recovery.

The section carves out one exception: it does not apply to cases where only nominal damages were assessed after a default or after a motion to strike was denied. In those situations, the usual cost-shifting consequence for missing the offer deadline does not kick in.