US Legal Forms
Legal Resources
Questions & Answers
Courts
What does Rule 1-068 mean for my settlement offer?

What does Rule 1-068 mean for my settlement offer?

Q: How long do I have to accept a settlement offer?

Under Rule 1-068, you have ten days to accept a settlement offer once it has been served to you. If you do not accept the offer within this timeframe, you may lose the opportunity to benefit from the terms of the offer and could face potential costs if the case goes to trial.

Q: Can I make a settlement offer at any time?

No, you cannot make a settlement offer until 120 days after the defendant has filed a response to your claim. This waiting period is designed to allow both parties to gather information and assess the case before negotiating a settlement.

Q: What should I do if I think the settlement offer is too low?

If you believe the settlement offer is too low, discuss your concerns with your attorney. They can help you evaluate the offer, negotiate on your behalf, and determine the best course of action to seek a more favorable settlement or prepare for trial.

Q: Does Rule 1-068 apply to all civil cases in New Mexico?

Yes, Rule 1-068 applies to civil cases in New Mexico. It provides a framework for making and responding to settlement offers, encouraging parties to settle disputes before going to trial. However, specific circumstances may vary, so consulting with an attorney is advisable.

Full question:

I was envolved in a car accident with a police officer that was his fault in March of 2006 and since then the lawyers are fighting back and forth and the Defence lawyer has come up with an unreasonable offer that now they are saying I have to comply because of Rule 1-068 of the New Mexico Rules of Civil Prodedure. What is this and what can I do to get more then they want to offer. I was injured w/shoulder, back and knees, children knee and anxiety.

Category: Courts
Subcategory: Legal Definitions
Date: 04/07/2025
State: New Mexico

Answer:

Rule 1-068 of the New Mexico Rules of Civil Procedure allows parties to make settlement offers before trial. Here’s how it works:

A party can serve a settlement offer to the other party at least ten days before the trial. The claimant cannot make an offer until one hundred twenty days after the defendant has filed a response to the claim. If the other party accepts the offer within ten days, they can file it with the court, and a judgment will be entered based on the offer.

If the offer is not accepted and the claimant receives a judgment that is better than the offer, the defending party must pay the claimant's costs incurred after the offer was made, excluding attorney's fees, and may have to pay double those costs. Conversely, if the defending party's offer is not accepted and the claimant's judgment is not more favorable than the offer, the claimant must pay the defending party's costs incurred after the offer.

This rule encourages parties to settle disputes before trial. If you believe the offer is unreasonable, discuss your options with your attorney, who can help you evaluate the offer and decide how to proceed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if I reject a settlement offer under Rule 1-068?

If you reject a settlement offer under Rule 1-068 and later receive a judgment that is more favorable than the offer, the defending party must pay your costs incurred after the offer was made, excluding attorney's fees. However, if your judgment is not more favorable than the offer, you may be required to pay the defending party's costs incurred after the offer. It's important to carefully evaluate the offer with your attorney before making a decision.