(1) At any time more than 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. The offer may be conditioned upon the party's failure in his defense. If within 10 days after 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 the proof of service thereof, and thereupon judgment shall be rendered accordingly, except when the offer is one conditioned upon failure in defense, in which case the judgment shall be rendered when the defense has failed.
Rule 68.Offer of judgment.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 68 lets a party defending against a claim offer, more than 10 days before trial, to let judgment be entered against it on stated terms; if the offer goes unaccepted and the offeree later obtains a judgment no more favorable than the offer, the offeree must pay costs incurred after the offer was made.
Full Text of Rule 68
(2) When the liability of one party to another has been determined by verdict or order of judgment, but the amount or extent of the 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 10 days prior to the commencement of hearings to determine the amount or extent of liability.
(3) An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs.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.
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 68 gives a party defending against a claim a way to cut off a case early on its own terms. At least 10 days before trial starts, that party can serve a written offer proposing that judgment be entered against it for a stated amount of money or property, or on other stated terms, with costs accrued up to that point added on. The offer can also be written to apply only if the defense fails. The other side has 10 days to accept in writing; if it does, either party can file the offer and the acceptance with proof of service, and the court enters judgment on those terms.
The rule also covers cases split into phases. Once liability has been decided by verdict or order but the amount still needs to be worked out, the party found liable can make an offer of judgment on the amount, as long as it is served a reasonable time before, and not less than 10 days prior to, the hearings on damages.
Turning down the offer carries a cost risk. An offer that is not accepted counts as withdrawn, and neither side can bring it up at trial except in a later proceeding over costs. If the judgment the offeree finally obtains is not more favorable than the offer, the offeree must pay the costs incurred after the offer was made. Rejecting one offer does not stop a party from making another later.
Frequently Asked Questions
What happens if I reject an offer of judgment and lose at trial in Kentucky?
Rule 68 doesn't only apply if you lose outright. If you're the party who received the offer and the judgment you finally obtain is not more favorable than what was offered, you must pay the costs incurred after the offer was made.
Can a jury see that I rejected an offer of judgment in Kentucky?
No. An unaccepted offer is deemed withdrawn, and evidence of it is not admissible except in a later proceeding to determine costs.
How long before trial must a Rule 68 offer be made in Kentucky, and how long do I have to accept it?
The offer must be served more than 10 days before trial begins. The party who receives it then has 10 days after service to accept it in writing.
Does Kentucky's Rule 68 shift attorney's fees, or just costs?
The rule addresses only costs incurred after the offer -- it provides that the offeree must pay the costs incurred after the making of the offer, not attorney's fees.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 68). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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