Offers of Judgment in South Carolina
By Shaun Blake An Offer of Judgment may provide a litigant facing some exposure to a claim with cost-shifting leverage in aid of a potential resolution. However, the failure to “precisely draft” an Offer of Judgment can result in harsh consequences. Rule 68: An Overview of the Federal and State Rules In both South Carolina state court and in federal court, a litigant defending a claim can make an Offer of Judgment, before or after liability is determined, by allowing the claimant the chance to accept some judgment on specified terms. In federal court, the litigant may serve the claimant with the Offer, and the claimant has 14 days after service of the Offer to accept it in writing. In South Carolina state court, the rules require the Offer to be filed and served and allow the claimant 20 days to accept the Offer by filing an acceptance with the Court. The advantage of an Offer of Judgment is that, if the claimant rejects the Offer and ultimately fails to recover an amount le...