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Firefreeze Worldwide Inc. v. Brennan and Associates

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 11, 2001

Rule 4:58, commonly referred to as the offer of judgment rule, provides in pertinent part that “any party may . . . serve upon any adverse party, without prejudice, . . . an offer to take judgment in the offeror’s favor, or as the case may be, to allow judgment to be taken against the offeror, for a sum stated therein[.]” R. 4:58-1. While this case was being litigated, Rule 4:58-2 provided that if, in an action for liquidated damages, an offer of judgment by a party designated as a “ claimant” is not accepted and that party obtains a verdict at least as favorable as the rejected offer,*fn1 it “shall be allowed, in addition to costs of suit, eight per cent interest on the amount of any money recovery from the date of the offer or the date of completion of discovery, whichever is later, and also a reasonable attorney’s fee . . . for such subsequent services as are compelled by the non-acceptance.”*fn2 Rule 4:58-3 similarly provided that if, in an action for liquidated damages, an offer of judgment by a party designated as “a party other than the claimant” is rejected and the verdict is at least as favorable as the offer, it “shall be allowed, in addition to costs of suit, a reasonable attorney’s fee, for such subsequent services as are compelled by the non-acceptance.”

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