Last amended July 1, 1970 · Last verified July 1, 2026
In one sentenceRule 68 lets a party make an offer of judgment to resolve a claim, but if the offer is refused it can't be filed with the court or used later to shift costs, and the rule doesn't limit any other kind of voluntary settlement offer.
Full Text of Rule 68
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An offer of judgment by any party, if refused by an opposite party, may not be filed with the court by the offering party for purposes of a proceeding to determine costs.
This rule shall not be construed as limiting voluntary offers of settlement made by any party.
Amendment History
Effective Date: July 1, 1970
Plain-English Summary
Any party may make an offer of judgment, but if the opposing party refuses it, the offering party may not file the offer with the court for use in a later proceeding to determine costs. Ohio's rule departs from the federal version of this rule, which allows an unaccepted offer to shift costs onto a plaintiff who later recovers less than the offer -- a mechanism the Ohio rule doesn't adopt because it was viewed as one-sided and a burden on a plaintiff's right to a jury trial. This rule doesn't limit any party's ability to make or accept voluntary offers of settlement outside the rule's framework.
Frequently Asked Questions
What happens if an offer of judgment is refused?
The offering party can't file it with the court or use it in a later proceeding to determine costs -- unlike the federal rule, Ohio's version doesn't let a refused offer shift costs onto the party who refused it.
Why doesn't Ohio use the federal cost-shifting version of the offer-of-judgment rule?
It was seen as one-sided, since it could pressure a plaintiff to accept an offer rather than exercise the right to a jury trial.
Does Rule 68 stop parties from making other kinds of settlement offers?
No. The rule only addresses offers of judgment made under Rule 68 itself; it doesn't limit other voluntary settlement offers.
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 68). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source