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Florida Rules of Civil Procedure

1.442 Proposals for Settlement

(a) Applicability. This rule applies to all proposals for settlement authorized by Florida law, regardless of the terms used to refer to such offers, demands, or proposals, and supersedes all other provisions of the rules and statutes that may be inconsistent with this rule.

(b) Service of Proposal. A proposal to a defendant shall be served no earlier than 90 days after service of process on that defendant; a proposal to a plaintiff shall be served no earlier than 90 days after the action has been commenced. No proposal shall be served later than 45 days before the date set for trial or the first day of the docket on which the case is set for trial, whichever is earlier.

(c) Form and Content of Proposal for Settlement.

(1) A proposal shall be in writing and shall identify the applicable Florida law under which it is being made.

(2) A proposal shall:

(A) name the party or parties making the proposal and the party or parties to whom the proposal is being made;

(B) identify the claim or claims the proposal is attempting to resolve;

(C) state with particularity any relevant conditions;

(D) state the total amount of the proposal and state with particularity all nonmonetary terms of the proposal;

(E) state with particularity the amount proposed to settle a claim for punitive damages, if any;

(F) state whether the proposal includes attorneys' fees and whether attorneys' fees are part of the legal claim; and

(G) include a certificate of service in the form required by rule 1.080(f).

(3) A proposal may be made by or to any party or parties and by or to any combination of parties properly identified in the proposal. A joint proposal shall state the amount and terms attributable to each party.

(d) Service and Filing. A proposal shall be served on the party or parties to whom it is made but shall not be filed unless necessary to enforce the provisions of this rule.

(e) Withdrawal. A proposal may be withdrawn in writing provided the written withdrawal is delivered before a written acceptance is delivered. Once withdrawn, a proposal is void.

(f) Acceptance and Rejection.

(1) A proposal shall be deemed rejected unless accepted by delivery of a written notice of acceptance within 30 days after service of the proposal. The provisions of rule 1.090(e) do not apply to this subdivision. No oral communications shall constitute an acceptance, rejection, or counteroffer under the provisions of this rule.

(2) In any case in which the existence of a class is alleged, the time for acceptance of a proposal for settlement is extended to 30 days after the date the order granting or denying certification is filed.

(g) Sanctions. Any party seeking sanctions pursuant to applicable Florida law, based on the failure of the proposal's recipient to accept a proposal, shall do so by serving a motion in accordance with rule 1.525.

(h) Costs and Fees.

(1) If a party is entitled to costs and fees pursuant to applicable Florida law, the court may, in its discretion, determine that a proposal was not made in good faith. In such case, the court may disallow an award of costs and attorneys' fees.

(2) When determining the reasonableness of the amount of an award of attorneys' fees pursuant to this section, the court shall consider, along with all other relevant criteria, the following factors:

(A) The then-apparent merit or lack of merit in the claim.

(B) The number and nature of proposals made by the parties.

(C) The closeness of questions of fact and law at issue.

(D) Whether the party making the proposal had unreasonably refused to furnish information necessary to evaluate the reasonableness of the proposal.

(E) Whether the suit was in the nature of a test case presenting questions of far-reaching importance affecting nonparties.

(F) The amount of the additional delay cost and expense that the party making the proposal reasonably would be expected to incur if the litigation were to be prolonged.

(i) Evidence of Proposal. Evidence of a proposal or acceptance thereof is admissible only in proceedings to enforce an accepted proposal or to determine the imposition of sanctions.

(j) Effect of Mediation. Mediation shall have no effect on the dates during which parties are permitted to make or accept a proposal for settlement under the terms of the rule.

 

Links

Florida Rules of Civil Procedure
1.010 Scope and Title of Rules
1.030 Nonverification of Pleadings
1.040 One Form of Action
1.050 When Action Commenced
1.060 Transfers of Actions
1.061 Choice of Forum
1.070 Process
1.080 Service of Pleadings and Papers
1.090 Time
1.100 Pleadings and Motions
1.110 General Rules of Pleading
1.120 Pleading Special Matters
1.130 Attaching Copy of Cause of Action and Exhibits
1.140 Defenses
1.150 Sham Pleadings
1.160 Motions
1.170 Counterclaims and Crossclaims
1.180 Third-party Practice
1.190 Amended and Supplemental Pleadings
1.200 Pretrial Procedure
1.201 Complex Litigation
1.210 Parties
1.220 Class Actions
1.221 Homeowners and Condominium Assocs
1.222 Mobile Homeowners Assoc
1.230 Intervention
1.240 Interpleader
1.250 Misjoinder and Nonjoinder of Parties
1.260 Survivor, Substitution of Parties
1.270 Consolidation, Separate Trials
1.280 General Provisions Governing Discovery
1.290 Depositions Before Action or Pending Appeal
1.300 Persons Before Whom Depositions May Be Taken
1.310 Depositions Upon Oral Examination
1.320 Depositions Upon Written Questions
1.330 Use of Depositions in Court Proceedings
1.340 Interrogatories to Parties
1.350 Production of Documents and Things and Entry Upon Land for Inspection
1.351 Production of Documents and Things Without Deposition
1.360 Examination of Persons
1.370 Requests for Admission
1.380 Failure to Make Discovery, Sanctions
1.390 Depositions of Expert Witnesses
1.410 Subpoena
1.420 Dismissal of Actions
1.430 Demand for Jury Trial, Waiver
1.431 Trial Jury
1.440 Setting Action for Trial
1.442 Proposals for Settlement
1.450 Evidence
1.452 Questions by Jurors
1.455 Juror Notebooks
1.460 Continuances
1.470 Exceptions Unnecessary, Jury Instructions
1.480 Motion for a Directed Verdict
1.481 Verdicts
1.490 Magistrates
1.500 Defaults and Final Judgments Thereon
1.510 Summary Judgment
1.520 View
1.525 Motions For Costs and Attorneys Fees
1.530 Motions For New Trial and Rehearing; Amendments of Judgments
1.540 Relief from Judgment, Decrees or Orders
1.550 Executions and Final Process
1.560 Discovery in Aid of Execution
1.570 Enforcement of Final Judgments
1.580 Writ of Possession
1.590 Process in Behalf of and Against Persons Not Parties
1.600 Deposits in Court
1.610 Injunctions
1.620 Receivers
1.625 Proceedings Against Surety on Judicial Bonds
1.630 Extraordinary Remedies
1.650 Medical Malpractice Presuit Screening Rule
1.700 Rules Common to Mediation and Arbitration
1.710 Mediation Rules
1.720 Mediation Procedures
1.730 Completion of Mediation
1.750 County Court Actions
1.800 Exclusion From Arbitration
1.810 Selection and Compensation of Arbitrators
1.820 Hearing Procedures for Non-binding Arbitration
1.830 Voluntary Binding Arbitration
1.900 Forms
 
Florida Rules of Appellate Procedure
Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
Florida Rules of Judicial Administration
Florida Rules of Juvenile Procedure
Florida Traffic Court Rules
 
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