Civil Procedure Multistate Bar Practice Exam

When can a defendant submit an Offer of Judgment?

1. Up to 7 days before trial

2. Only after discovery is completed

3. Up to 14 days before trial

4. At any time during the trial

The correct answer is: Up to 14 days before trial

A defendant can submit an Offer of Judgment up to 14 days before trial because this timeframe is established by Rule 68 of the Federal Rules of Civil Procedure. This rule allows a party defending against a claim to make a formal offer to settle the dispute by agreeing to a judgment for a specified amount. The rationale behind this 14-day period is to encourage parties to settle disputes before incurring the additional costs and time associated with trial. The other potential scenarios provided in the choices do not align with the established rule. For instance, the option indicating submission only after discovery is completed does not reflect the flexibility provided under Rule 68; an Offer of Judgment can be made irrespective of the discovery status. Similarly, while an offer can technically be made close to trial, it cannot be made at any time during the trial or within the 7-day timeframe preceding it, as the rule specifically restricts offers to before this period.