Book II. Ordinary Proceedings · Title I. Pleading · Chapter 4. Written Motions · Last amended 2024 · Last verified July 30, 2026
In one sentenceArticle 970 lets a party serve a written, confidential offer of judgment on an adverse party before trial, and shifts post-offer costs onto an offeree whose final judgment misses the offer by 25 percent or more, or who loses outright to a defendant's offer.
Full Text of Art. 970
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A. After an opportunity for adequate discovery, but not less than twenty days before the time specified for the trial of the matter, without any admission of liability, any party may serve upon an adverse party an offer of judgment for the purpose of settling all of the claims between them. The offer of judgment shall be in writing and state that it is made under this Article; specify the total amount of money of the settlement offer; and specify whether that amount is inclusive or exclusive of costs, interest, attorney fees, and any other amount which may be awarded pursuant to statute or rule. Unless accepted, an offer of judgment shall remain confidential between the offeror and offeree. If the adverse party, within ten days after service, serves written notice that the offer is accepted, either party may move for judgment on the offer. The court shall grant such judgment on the motion of either party.
B. An offer of judgment not accepted shall be deemed withdrawn and evidence of an offer of judgment shall not be admissible except in a proceeding to determine costs pursuant to this Article.
C. If the final judgment obtained by the plaintiff-offeree is at least twenty-five percent less than the amount of the offer of judgment made by the defendant-offeror, or if the final judgment obtained against the defendant-offeree is at least twenty-five percent greater than the amount of the offer of judgment made by the plaintiff-offeror, or if the final judgment is in favor of the defendant-offeror, the offeree must pay the offeror's costs, exclusive of attorney fees, incurred after the offer was made, as fixed by the court.
D. The fact that an offer is made but not accepted does not preclude a subsequent offer or a counter offer. When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the damages remains to be determined by future proceedings, either party 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 thirty days before the start of hearings to determine the amount or extent of damages.
E. For purposes of comparing the amount of money offered in the offer of judgment to the final judgment obtained, which judgment shall take into account any additur or remittitur, the final judgment obtained shall not include any amounts attributable to costs, interest, or attorney fees, or to any other amount which may be awarded pursuant to statute or rule, unless such amount was expressly included in the offer.
F. A judgment granted on a motion for judgment on an offer of judgment is a final judgment when signed by the judge; however, an appeal cannot be taken by a party who has consented to the judgment.
An offer of judgment is Louisiana's formal settlement mechanism, and it comes with real financial teeth. Under Article 970(A), any party can serve a written offer to settle all claims between the parties, at least 20 days before trial and after adequate discovery, without that offer counting as an admission of liability. The offer has to invoke this article by name, state the total dollar amount, and say whether that amount includes or excludes costs, interest, attorney fees, and any other statutory award. Unless it's accepted, the offer stays confidential between the two parties — the court never sees it unless a later cost dispute requires it. If the other side accepts in writing within 10 days, either party can move for judgment on the offer, and the court has to grant it.
The pressure comes from what happens when an offer isn't accepted. Paragraph C sets a 25 percent threshold in both directions: if the plaintiff who rejected a defendant's offer ends up with a final judgment at least 25 percent less than that offer, or if the defendant who rejected a plaintiff's offer ends up facing a final judgment at least 25 percent more than that offer, or if the defendant wins outright, the party who rejected the offer has to pay the offeror's costs (not including attorney fees) incurred after the offer was made. That two-way structure sets Article 970 apart from the federal offer-of-judgment rule, which only lets a defendant shift costs this way — in Louisiana, a plaintiff's rejected offer can trigger the same cost-shifting against a defendant who fares worse at trial.
An unaccepted offer doesn't foreclose trying again. Paragraph D lets either party make a new offer or a counteroffer, and even allows an offer after liability has already been decided but damages haven't, as long as it's served a reasonable time — at least 30 days — before the damages hearing begins. And Paragraph F makes clear that a judgment entered on an accepted offer is final once signed, though a party who consented to it gives up the right to appeal it.
Frequently Asked Questions
What is an offer of judgment in Louisiana?
A written, confidential settlement offer one party serves on another before trial, made under Article 970, that either resolves the case if accepted within 10 days or triggers cost-shifting consequences later if it's rejected and the rejecting party fares worse at trial.
What happens if a party rejects an offer of judgment and then loses at trial?
If the final judgment misses the offer by at least 25 percent in the offeror's favor, or the defendant wins outright, the party who rejected the offer has to pay the offeror's costs incurred after the offer, not including attorney fees.
Is Louisiana's offer of judgment the same as the federal Rule 68 offer?
Not exactly. Both shift costs when a rejected offer turns out better than the final judgment, but Louisiana's version works in both directions — a plaintiff's offer can shift costs onto a defendant who fares worse at trial, not just the other way around.
Can a party keep making new settlement offers after the first one is rejected?
Yes. Article 970(D) allows subsequent offers or counteroffers, and even permits an offer after liability is decided but before damages are determined.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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