When must a Rule 68 offer be accepted?

Preserve the actual served Rule 68 offer and its complete terms.

Establish effective offer service and the actual service method.

Preserve written acceptance and its service. Check later filing of the offer, acceptance and proof separately.

1. Identify the actual actor, pleading and required act.
2. Establish the specified event and applicable order.
3. Resolve the material conditions. This guide publishes no calculated date.
4. Check final-day conditions and preserve service and filing evidence separately.

Establish effective service and apply Rule 6(a) to the base period. Rule 6(d) adds three days only to a specified period after being served under Rule 5(b)(2)(C), (D) or (F). Compute the underlying Rule 6(a) expiry first, then add three days and recheck the final day. Electronic service under (E) and office or dwelling delivery under (B) do not qualify. Filing, judgment entry, one’s own service and backward lead times do not automatically attract the addition. This guide does not select a service method or compute a date.

Rule 6(a) excludes the operative event and counts intermediate calendar days. A final Saturday, Sunday or legal holiday moves forward. Rule 6(a)(6) includes federal and President or Congress declared holidays, plus state-declared holidays for forward periods in the district. Qualifying clerk inaccessibility matters separately for filing.

The acceptance period runs after being served and can depend on the actual service method. The single-date preset does not establish that method or publish an acceptance date.

Written acceptance and service

Rule 68(a) requires the opposing party to serve written notice accepting the offer, rather than merely drafting acceptance or filing an unrelated paper.

Conditional service addition

Rule 6(d) adds three days only to a specified period after being served under Rule 5(b)(2)(C), (D) or (F). Compute the underlying Rule 6(a) expiry first, then add three days and recheck the final day. Electronic service under (E) and office or dwelling delivery under (B) do not qualify. Filing, judgment entry, one’s own service and backward lead times do not automatically attract the addition.

Separate filing and nonacceptance

Either party may then file the offer, acceptance and proof. Rule 68(b) separately treats an unaccepted offer as withdrawn and permits a later offer.

• This page does not establish effective service, merits, compliance or an actual court grant.
• Service and filing are different acts. Verify both when required.

• Preserve the actual served Rule 68 offer and its complete terms.
• Rule 68(a) requires the opposing party to serve written notice accepting the offer, rather than merely drafting acceptance or filing an unrelated paper.
• Rule 6(d) adds three days only to a specified period after being served under Rule 5(b)(2)(C), (D) or (F). Compute the underlying Rule 6(a) expiry first, then add three days and recheck the final day. Electronic service under (E) and office or dwelling delivery under (B) do not qualify. Filing, judgment entry, one’s own service and backward lead times do not automatically attract the addition.
• Either party may then file the offer, acceptance and proof. Rule 68(b) separately treats an unaccepted offer as withdrawn and permits a later offer.
• Serve written notice accepting the actual offer within the applicable period. Either party may then file the offer, acceptance and proof of service. For filing, Rule 6(a)(4) ordinarily uses midnight in the court’s time zone for electronic filing and scheduled clerk closing for other filing. A statute, local rule or order may set another time. These filing cutoffs do not establish effective service by every method. Preserve evidence of each actual required act.