United States · Federal civil procedure
When may a liable party serve a Rule 68(c) offer?
When liability has been determined but its extent remains for further proceedings, the party held liable may make an offer of judgment. It must be served within a reasonable time and at least fourteen days before the hearing set to determine the extent of liability. The minimum does not itself establish reasonable time. This guide calculates no date.
- Period
- A reasonable time, and at least fourteen days, before the extent-of-liability hearing
- Trigger
- The actual hearing set to determine the extent of liability
- Rule
- FRCP 68(c)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
The rule requires reasonable time as well as minimum lead time. One backward fourteen-day value cannot determine the full service requirement.
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Which event starts this procedure?
Preserve the actual determination of liability and identify what extent remains unresolved.
Establish the hearing set to determine that extent.
Assess both reasonable time and the fourteen-day minimum before serving the actual offer.
FRCP 68(c)Which timing conditions must be established?
- Identify the actual actor, pleading and required act.
- Establish the specified event and applicable order.
- Resolve the material conditions. This guide publishes no calculated date.
- 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.
FRCP 6(a)(1)Why is no automated date published?
The rule requires reasonable time as well as minimum lead time. One backward fourteen-day value cannot determine the full service requirement.
Which conditions change the assessment?
- Liability already determined
- The branch applies when liability to another party has been determined, but its extent remains to be determined by further proceedings.
- Party held liable
- The party held liable is the actor allowed to make the offer under this subsection.
- Reasonable time and actual hearing
- Service must occur within a reasonable time and at least fourteen days before the hearing set to determine extent. Meeting the minimum alone does not establish reasonableness.
- This page does not establish effective service, merits, compliance or an actual court grant.
- Service and filing are different acts. Verify both when required.
What should I verify before acting?
Common questions
This procedure and its conditions
Does this branch apply before liability is determined?
No. Subsection (c) requires liability already determined while extent remains for further proceedings.
FRCP 68(c)Does fourteen days automatically establish reasonable service time?
No. The text separately requires a reasonable time and at least fourteen days.
FRCP 68(c)Is the anchor automatically the original trial date?
No. Subsection (c) uses the hearing set to determine the extent of liability.
FRCP 68(c)Official sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| FRCP 68(c) | This actor, required act, operative event and period |
| FRCP 68(a)–(b) | Separate acceptance and unaccepted-offer procedures |
| FRCP 6(a)(1) | Event exclusion and intermediate calendar days |
| FRCP 6(a)(3)–(6) and (b)(1) | Actual final-day conditions, filing boundaries and applicable extension limits |