How much time before trial must a Rule 68 offer allow?

Establish the date set for trial and identify the party defending against the claim.

Read the actual specified judgment terms and costs then accrued.

Preserve offer service and assess acceptance separately from the backward offer lead time.

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 the actual future event and applicable minimum lead time. Exclude the hearing or trial event and count backward under Rule 6(a). A final Saturday, Sunday or legal holiday moves backward to an earlier qualifying day. State-declared holidays under Rule 6(a)(6)(C) apply to forward periods only. Check federal and President or Congress declared holidays. Earlier service can satisfy a minimum lead time. This guide does not present the minimum as the only permissible action date.

Exclude the hearing or trial event and count backward under Rule 6(a). A final Saturday, Sunday or legal holiday moves backward to an earlier qualifying day. State-declared holidays under Rule 6(a)(6)(C) apply to forward periods only. Check federal and President or Congress declared holidays. Earlier service can satisfy a minimum lead time.

This rule permits an offer at least fourteen days before trial, rather than requiring action on one fixed date. The guide separates the permitted offer window from acceptance.

Defending-party actor

Rule 68(a) identifies a party defending against a claim and an offer to the opposing party.

Terms and accrued costs

The offer allows judgment on specified terms with costs then accrued. A timing calculation does not evaluate its commercial or legal adequacy.

Unaccepted offer

Rule 68(b) treats an unaccepted offer as withdrawn without precluding a later offer. Its evidence limitation and subsection (d) cost consequence require separate assessment.

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

• Establish the date set for trial and identify the party defending against the claim.
• Rule 68(a) identifies a party defending against a claim and an offer to the opposing party.
• The offer allows judgment on specified terms with costs then accrued. A timing calculation does not evaluate its commercial or legal adequacy.
• Rule 68(b) treats an unaccepted offer as withdrawn without precluding a later offer. Its evidence limitation and subsection (d) cost consequence require separate assessment.
• Serve the actual offer on the opposing party and preserve the terms, accrued-cost treatment and effective service. Later filing of an accepted offer is a separate act. 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.