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Kenneth E. Pitcoff and Andrea M. Alonso Kenneth E. Pitcoff and Andrea M. Alonso

An offer of judgment, pursuant to Federal Rule of Civil Procedure 68, is used to encourage settlements and protect parties willing to settle early in the litigation process. It is an extremely useful tool as it allows the defendant to make a pre-trial offer of judgment on specified terms, saving both parties the costs involved with extended litigation. There are, however, important nuances to using this strategy successfully.

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