What qualifies as an offer to settle?
For a current Rule 11-1 offer, the offer must be in writing, served on all parties and contain the specific reservation language required by the Rule stating that the offering party reserves the right to bring the offer to the court’s attention on costs after judgment on the other issues.
Why is the offer not shown to the trial judge immediately?
The Rule protects the settlement process. The offer is not an admission, and it generally is not disclosed to the court until after the court has pronounced judgment on the other issues and the offer becomes relevant to costs.
How can it affect costs?
When exercising its costs discretion, the court may consider whether the offer was one that reasonably should have been accepted, the relationship between the offer and the ultimate judgment, the parties’ relative financial circumstances and other relevant factors.
Does a counteroffer cancel the original offer?
No. Rule 11-1 expressly provides that an offer to settle does not expire merely because a counteroffer is made.
Drafting matters
A settlement offer should be clear enough that acceptance would resolve identifiable issues without creating a new dispute about what was actually agreed. Parenting, support, property, debt, tax, pension and timing provisions can interact, so a superficially simple dollar proposal may have wider consequences.
Cost planning
Rule 11-1 directly connects settlement strategy to litigation cost. Even where a person is otherwise self-represented, limited-scope legal review of a serious settlement offer can help assess whether the terms are complete and how the proposal compares with the likely range of outcomes and future litigation cost.