Last amended December 1, 2009 · Last verified June 30, 2026
In one sentenceRule 68 lets a defending party serve an offer to allow judgment on specified terms at least 14 days before trial; if the offer is refused and the final judgment is not more favorable than the offer, the offeree must pay the costs incurred after the offer.
(a)Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment.
(b)Unaccepted Offer. An unaccepted offer is considered withdrawn, but it does not preclude a later offer. Evidence of an unaccepted offer is not admissible except in a proceeding to determine costs.
(c)Offer After Liability is Determined. When one party's liability to another has been determined but the extent of liability remains to be determined by further proceedings, the party held liable may make an offer of judgment. It must be served within a reasonable time—but at least 14 days—before the date set for a hearing to determine the extent of liability.
(d)Paying Costs After an Unaccepted Offer. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.
End
Amendment History
(Amended December 27, 1946, effective March 19, 1948; February 28, 1966, effective July 1, 1966; March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007; March 26, 2009, effective December 1, 2009.)
Plain-English Summary
Rule 68 is a settlement-pressure tool aimed at the party defending a claim. At least 14 days before trial, that party may serve an offer to allow judgment to be entered against it on specified terms, with the costs then accrued. If the other side accepts within 14 days, either party files the offer and acceptance and the clerk enters judgment.
The teeth are in what happens if the offer is rejected. If the offeree does not accept and the judgment it finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs the offeror incurred after the offer was made. That cost-shifting gives plaintiffs a real reason to weigh a reasonable offer seriously rather than push a marginal case to trial.
Frequently Asked Questions
What is a Rule 68 offer of judgment?
An offer by a defending party, made at least 14 days before trial, to let judgment be entered against it on stated terms with costs then accrued (Rule 68(a)).
What happens if you reject a Rule 68 offer and do worse at trial?
If the final judgment is not more favorable than the rejected offer, the offeree must pay the costs the offeror incurred after making the offer (Rule 68(d)).
Source & verification. The rule text and amendment history are reproduced verbatim from the
official Federal Rules of Civil Procedure (Fed. R. Civ. P. 68), a public-domain work of the U.S. Government.
Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. ·
Official source
Also known as:FRCP 68Fed. R. Civ. P. 68offer of judgmentRule 68 offercost-shifting offer