(a) Offer of judgment. At any time more than 14 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect and on the terms specified in the defending party's offer, with costs then accrued. If within 14 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the court shall direct entry of the judgment by the clerk.
Rule 68.Offer of judgment; payment into court
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 68 lets a defending party offer to let judgment be entered against it on stated terms more than 14 days before trial (with cost-shifting consequences if the offeree does worse going to trial than the offer), and separately preserves West Virginia's own payment-into-court device, letting a defending party tender money to the clerk and plead that no more is owed.
Full Text of Rule 68
(b) Payment into court. A party defending against a claim may pay into court by depositing with the clerk a sum of money on account of what is claimed, or by way of compensation or amends, and plead that the party is not indebted to any greater amount to the party making the claim or that the party making the claim has not suffered greater damages. The party making the claim may (1) accept the tender and have judgment for the party’s costs, (2) reject the tender, or (3) accept the tender as part payment only and proceed with the party's action on the sole issue of the amount of damages.
(c) Offer not accepted. An offer under subdivision (a) or (b) above not accepted in full satisfaction shall be deemed withdrawn, i.e., shall not be disclosed to the jury, and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree shall pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted, or accepted only as part payment, does not preclude a subsequent offer.
(d) Amount or extent of liability. When the liability of one party to another has been determined by verdict or order of judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable 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 14 days prior to the commencement of hearings to determine the amount or extent of liability.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia 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 January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Rule 68 gives a party defending against a claim two distinct ways to cut off a dispute over money before trial. The first is the offer of judgment familiar from federal practice: more than 14 days before trial, the defending party can offer to let judgment be entered against it on specified terms, and if the other side accepts within 14 days, either party can file the offer and acceptance and the court directs entry of judgment.
The second is a device West Virginia keeps that many jurisdictions have dropped: payment into court. A defending party can deposit money with the clerk on account of the claim, plead that it doesn't owe any more, and force the claimant to choose — accept the tender and take judgment for costs, reject it and go forward, or accept it as partial payment and litigate only the remaining amount of damages.
Neither kind of offer is free to walk away from once it's on the table, but rejecting it isn't disclosed to the jury either. An offer under either subdivision that isn't accepted in full is deemed withdrawn — never shown to the jury, and inadmissible except when the court later sorts out costs. If the offeree ultimately does no better at trial than the rejected offer, the offeree pays the costs incurred after the offer was made. Making an offer that's rejected, or accepted only in part, doesn't stop a party from making another offer later. And once liability alone has been decided and only the amount remains to be worked out, the liable party can still make an offer of judgment with the same effect, as long as it's served a reasonable time — at least 14 days — before the damages hearing begins.
Frequently Asked Questions
What happens if I reject an offer of judgment and then do worse at trial?
You pay the costs incurred after the offer was made, and the rejected offer is never disclosed to the jury.
What is "payment into court" under Rule 68(b)?
A device that lets a defending party deposit money with the clerk toward a claim and plead that it owes no more, forcing the claimant to accept the tender for costs, reject it and proceed, or accept it as partial payment and litigate only the remaining damages.
Can I make more than one offer of judgment if my first one is rejected?
Yes. Rule 68(c) says a rejected or partially-accepted offer doesn't prevent a later offer.
Can an offer of judgment be made after liability has already been decided?
Yes, once liability is determined and only the amount remains, the liable party can make an offer of judgment with the same effect, served at least 14 days before the hearing on the amount of liability.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 68). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: offer of judgmentpayment into court West Virginiacost shifting rejected offer