Rule 68.Offer of judgment and disclaimer.

Rule 68(a) lets a party defending against a claim serve an offer, any time more than 10 days before trial begins, to let judgment be taken against it for a stated sum, property, or other specified relief, plus costs accrued so far. If the adverse party accepts in writing within 10 days, either side may file the offer and the acceptance along with proof of service, and the clerk enters judgment accordingly. An offer not accepted within 10 days is deemed withdrawn, and evidence of it is inadmissible except in a later proceeding over costs. If the offeree ultimately wins a judgment no better than what was offered, the offeree must pay the costs that piled up after the offer was made. An unaccepted offer doesn't stop the offering party from making another one later.

Rule 68(b) gives a party defending against a contract or quasi-contract claim a related option: with its responsive pleading, it may offer in writing that damages be assessed at a stated sum if its defense fails. If the claimant accepts in writing within 20 days and later prevails at trial, damages are assessed at that stated sum. If the claimant doesn't accept, it must prove its damages as though no offer had been made. If the damages the claimant proves don't exceed the amount offered, the defending party recovers the costs tied to the damages question.