Except in a matrimonial action, at any time not later than ten days before trial, any party against whom a claim is asserted, and against whom a separate judgment may be taken, may serve upon the claimant a written offer to allow judgment to be taken against him for a sum or property or to the effect therein specified, with costs then accrued. If within ten days thereafter the claimant serves a written notice that he accepts the offer, either party may file the summons, complaint and offer, with proof of acceptance, and thereupon the clerk shall enter judgment accordingly. If the offer is not accepted and the claimant fails to obtain a more favorable judgment, he shall not recover costs from the time of the offer, but shall pay costs from that time. An offer of judgment shall not be made known to the jury.
R 3221.Offer to compromise
Article 32. Accelerated Judgment · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3221 lets any party facing a claim make a formal settlement offer before trial that shifts costs onto the claimant if rejected and not beaten at trial, giving both sides a reason to settle early.
Full Text of CPLR 3221
Plain-English Summary
CPLR 3221 broadens the settlement tools in CPLR 3219 and 3220 to reach any claim, not just contract disputes, and any party facing a separate judgment, not just the defendant in the original suit. No later than ten days before trial, that party can serve a written offer to let judgment be entered for a sum, property, or any other specified relief, plus costs already accrued, and matrimonial actions are the one category left out.
Accepting the offer within ten days closes the case quickly: either side files the summons, complaint, and offer along with proof of acceptance, and the clerk enters judgment without any further proceedings.
Rejecting the offer carries a cost-shifting penalty tied to the trial outcome. A claimant who doesn't do better than the offer at trial loses the right to costs from the date of the offer forward and must pay the offering party's costs from that same date. As with the tender and conditional-damages offers in CPLR 3219 and 3220, none of this reaches the jury.
Frequently Asked Questions
What is an offer to compromise under CPLR 3221?
It's a written settlement offer, served no later than ten days before trial, letting a party facing a claim propose a judgment for a sum, property, or other specified relief, plus accrued costs.
What happens if a claimant rejects a CPLR 3221 offer and doesn't do better at trial?
The claimant loses costs from the date of the offer forward and must pay the offering party's costs from that date too.
How does CPLR 3221 differ from CPLR 3219 and CPLR 3220?
CPLR 3221 reaches any type of claim and any form of relief, not just money in a contract case, and it applies to any party who could face a separate judgment, not only defendants.
Can a CPLR 3221 offer include property rather than money?
Yes. The offer can specify a sum, property, or any other relief the offering party proposes.
Does CPLR 3221 apply to matrimonial actions?
No. The rule specifically excludes matrimonial actions.
Advisory Committee Notes
Offer to compromise was formerly covered by CPA §§ 177–179. This rule is based on § 177, reworded to cover an offer by a party against whom any type of claim is asserted except in matrimonial actions. This method avoids entirely the need for former § 178, which served only to make the same procedure applicable to counterclaims. Cf. Fed R Civ P 68. The limitation in § 178 which was based on the amount of the counterclaim has been omitted. Its apparent purpose was to prohibit offer by the plaintiff where the counterclaim was not sufficiently great to entitle defendant to costs. It seemed unnecessary even in the former provision, since the major inducement for making the offer—i. e., the saving of costs—was absent in that situation. Under this rule, however, the plaintiff should be allowed to invoke the procedure regardless of the size of the counterclaim.
Section 179, which required an affidavit by the attorney of authority to make the offer or acceptance, unless it was subscribed by the party, has been omitted. In view of the general control exercised by the attorney over the case, and the absence of any such requirement in informal settlement proceedings, no real need exists for it.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: offer to compromise New Yorkoffer of judgment CPLR New YorkCPLR 3221 cost-shifting settlement offerNew York offer to compromise procedure