Rule 68.Offer of Judgment; Payment into Court.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 68
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) carries a carve-out that matters in this court. The offer belongs to a party defending against a claim other than a claim for divorce, so the divorce itself sits outside the rule. Within that limit, the defending party may serve an offer to allow judgment for money or property, or to the effect the offer specifies, with costs then accrued, at any time more than ten days before trial begins. The other side has ten days after service to serve written notice of acceptance. If it does, either party files the offer and the notice, and the clerk enters judgment.
Subdivision (b) is the older cousin of the offer: paying money into court. The defending party deposits a sum with the clerk on account of what is claimed, or by way of compensation or amends, and pleads that nothing more is owed or that no greater damages were suffered. The party making the claim then picks one of three paths. Accept the tender and have judgment for costs, reject it, or accept it as part payment only and proceed on the sole issue of the amount of damages.
Subdivision (c) supplies the pressure. An offer not accepted in full satisfaction is deemed withdrawn, and evidence of it stays out of the case except in a proceeding to determine interests or costs. If the judgment the offeree finally obtains is no more favorable than the offer, the offeree must pay the costs incurred after the offer was made. And a rejected offer does not use up the chance to make another one later.
Frequently Asked Questions
Can an offer of judgment be used in a divorce case?
No. Rule 68(a) opens the offer to a party defending against a claim other than for divorce, which puts the divorce claim itself outside the rule.
How long do I have to accept an offer of judgment?
Ten days after the offer is served. Accept by serving written notice within that window; either party may then file the offer and the notice of acceptance, and the clerk enters judgment.
What happens if I reject an offer and do no better at trial?
If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the offer was made. That cost shift is the heart of the rule.
Will the judge see an offer I turned down?
No. An offer not accepted in full satisfaction is deemed withdrawn, and evidence of it is not admissible except in a proceeding to determine interests or costs.
Can I take part of the money paid into court and keep litigating?
Yes. A party making a claim may accept the tender as part payment only and proceed with the action on the sole issue of the amount of damages, instead of accepting it and taking judgment for costs or rejecting it outright.