Mediation - Settlement - Offer of Jmt Flashcards
In E.D., is mediation required?
No. Voluntary nonbinding mediation.
In E.D., state the requirements of settlement.
- In writing
- ## Incorporate by reference the maps, plans or other docs on which settlement based.Offer of Jmt: PAWN yr CAC w/ ID
When do written/oral pre-suit statements become admissible?
For AF.
What must O submit to get pre-suit costs?
All work product docs for which recovery is sought.
When pay pre-suit costs?
Upon:
1. Transfer of title;
2. Payment of bus dmgs;
OR
3. FJ.
Timeline for LG to make offer of judgment.
Start 120 days after Answer. End 20 days b/4 trial.
———–
Same timeframe for Def.
Can Def make an offer of judgment?
Yes.
Timeline for Def to make offer of judgment.
only for an amount that is under $100,000,
Start 120 days after Answer. End 20 days b/4 trial.
———–
Same timeframe for LG.
Which offer of judgment has a dollar limit?
Def’s offer cannot exceed $100k.
State the 8 mandatory contents of offer of judgment.
PAWN your CAC w/ ID for an Offer
———–
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.
How does Offeree accept Offer of Jmt?
File Offer & written acceptance w/ Court.
Timeline of accepting Offer of Jmt.
30 days after service.
UNLESS
Trial is less than 30 days, then just accept b/4 trial.
Weirdness about timeline in accepting Offer of Jmt.
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.
How reject?
Don’t respond.
How is offer of judgment terminated?
Written rejection.
Provide another offer.
