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NJ's Offer of Judgment Rule
The Offer of Judgment Rule (the Rule) is a near universal concept that exists in most jurisdictions. Its intent is to foster settlement. However, in its current application, at least in New Jersey, it is ineffectual and pragmatically only available to plaintiffs. How did the rule come about, how was it changed over time, and is there a solution to its problems that will achieve the rules' desired goal ' settlement?
The Rule
New Jersey Court Rule (N.J. Ct. R.) 4:58-1. et seq., provides that any party may make an Offer of Judgment or an Offer to Take Judgment in an amount certain. (Rule 4:58 excepts matrimonial actions from the Offer of Judgment Rule. The Rule is available only when the relief sought in the complaint is exclusively monetary.) If the offer is not accepted, and the offeror secures a verdict 20% or more favorable to the offeror, cost and fee shifting from the date of the offer is triggered from the offeree to the offeror. (Application for fee and cost shifting must be made within 20 days after entry of final judgment.) There are no consequences to the offeror for making an offer, regardless of the outcome, and no consequences to the offeree if the 20% threshold is not reached.
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