Mediation - Settlement - Offer of Jmt

Question 1

In E.D., is mediation required?

Answer 1

No. Voluntary nonbinding mediation.

Question 2

In E.D., state the requirements of settlement.

Answer 2

SETTLEMENT
-----------
1.  In writing
2.  Incorporate by reference the maps, plans or other docs on which settlement based.
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Offer of Jmt:  PAWN yr CAC w/ ID

Question 3

When do written/oral pre-suit statements become admissible?

Answer 3

For AF.

Question 4

What must O submit to get pre-suit costs?

Answer 4

All work product docs for which recovery is sought.

Question 5

When pay pre-suit costs?

Answer 5

PRE-SUIT COSTS
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Upon:
1.  Transfer of title;
2.  Payment of bus dmgs; 
	OR
3.  FJ.

Question 6

Timeline for LG to make offer of judgment.

Answer 6

OFFER OF JMT
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Start 120 days after Answer.  End 20 days b/4 trial.
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Same timeframe for Def.

Question 7

Can Def make an offer of judgment?

Answer 7

Yes.

Question 8

Timeline for Def to make offer of judgment.

Answer 8

only for an amount that is under $100,000,
Start 120 days after Answer. End 20 days b/4 trial.
———–
Same timeframe for LG.

Question 9

Which offer of judgment has a dollar limit?

Answer 9

Def’s offer cannot exceed $100k.

Question 10

State the 8 mandatory contents of offer of judgment.

Answer 10

OFFER OF JMT
-----------
PAWN your CAC w/ ID for an Offer
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1.  "Pursuant to FS 73.032"
2.            Amt.
3.            Written.
4.            Name offeree.
5.            Conditions.
6.            All claims (excl C+AF)
7.             Cert Serv.
8.            ID & provide, if any, construction plans.

Question 11

How does Offeree accept Offer of Jmt?

Answer 11

File Offer & written acceptance w/ Court.

Question 12

Timeline of accepting Offer of Jmt.

Answer 12

OFFER OF JMT
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30 days after service.
UNLESS 
Trial is less than 30 days, then just accept b/4 trial.

Question 13

Weirdness about timeline in accepting Offer of Jmt.

Answer 13

Can be made 20 days b/4 trial [remember, the time for making offers of jgmt is 120 days aft Answer thru 20 days b/4 trial.]
So can’t hold Def to 30 day acceptance rule.
If made less than 30 days b/4 trial, Def can accept b/4 trial.

Question 14

OFFER OF JMT
How reject?

Answer 14

OFFER OF JMT
Don’t respond.

Question 15

How is offer of judgment terminated?

Answer 15

Written rejection.
Provide another offer.

Question 16

What is Def’s risk in rejecting LG’s Offer of Jmt?

Answer 16

No costs for time aft Offer rejected if Def rejects & wins less than Offer of Jmt,

Question 17

In E.D., what is LG’s risk in rejecting Def’s Offer of Jmt?

Answer 17

Pay AF for amt of benefit if LG rejects & Def wins more than Offer of Jmt,

Question 18

When is Offer of Jmt admissible?

Answer 18

OFFER OF JMT

1. Proceeding to enforce. accepted offer.
2. To determine costs cutoff, lost due to rejection.
3. To determine AF bene