Under Rule 68 of the Federal Rules of Civil Procedure, an offer of judgment must be served at least fourteen days before the date set for trial. Jerry’s personal injury suit against George was set for trial on June 25. George served an offer of judgment on June 7 for $25,000 plus costs. Jerry does not accept the offer of judgment, and after trial, Jerry obtains a judgment of $20,000. George then claims that Jerry must pay the costs incurred by George in defending the suit after June 7. Jerry, however, claims that George’s offer of judgment was not timely and should have been served by June 5. Assuming that none of the answer choices fall on a Saturday, Sunday, or a holiday, what was the proper deadline for service of the offer of judgment?
Explanation
Answer: C - June 11. This question requires the test-taker to understand and apply the docketing rules set forth in Rule 6 of the Federal Rules of Civil Procedure. Under Rule 6, the day that “triggers” the period is excluded and every day is counted, including Saturdays, Sundays, and holidays. Here, the date that triggers the event is June 25, the trial date, so that day is excluded. Fourteen days prior to June 25 is then June 11.
