Pre-Trial Procedure

Question 1

Pre-Trial Conference Behavior

Answer 1

The court may sanction an attorney if he engages in the following behavior in connection with a pretrial conference or pretrial order:

Fails to obey the order

Attend the pretrial conference prepared to participate

Participate in good faith

Question 2

Motion for Judgment on Offer of Judgment

Answer 2

At any time more than 20 days before trial, without any admission of liability, any party may serve upon an adverse party an offer of judgment for the purpose of settling all of the claims between them.

Unless accepted, an offer of judgment shall remain confidential between the offeror and offeree.

Adverse party can accept an offer in writing within 10 days after service and then either party can move for a judgment on the offer.

• If not accepted after 10 days, the offer is deemed withdrawn and evidence of it is not admissible except in a proceeding to determine costs.

Needs to Include:

1. In writing.
2. State that it is under LaCCP 970.
3. Specify the total amount of $$ of the settlement offer.
4. Specify whether that amount is inclusive or exclusive of costs, interest, attorney’s fees, and any other amount which may be awarded pursuant to statute or rule.

If the final judgment obtained by the plaintiff-offeree is at least 25% less than the amount of the offer of judgment made by the defendant-offeror, the offeree must pay the offeror’s costs, exclusive of attorney’s fees, incurred after the offer was made as fixed by the court.

If the final judgment obtained against defendant-offeree is at least 25% greater than the amount of the offer of judgment made by the plaintiff-offeror, the offeree must pay the offeror’s costs, exclusive of attorney’s fees, incurred after the offer was made as fixed by the court.