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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-05-2014, 02:41 PM
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Default Final Minutes Vs Offer to Settle

Can someone please explain the difference between the Minutes of Settlement and an Offer to Settle?

I am heading to Trial soon and after the CC, my ex's lawyer drafted up a "Final Minutes of Settlement".
I did not sign it at that time as I did not agree with most of what he had written.
I drafted a revised copy and sent it to him with the heading of "Minutes of Settlement" and I have not heard back from him and it has been well over a month.
I have a week to submit my Trail Brief and have been told it would be in my favor to include a Offer to Settle.
Is that not really what the Minutes of Settlement are?
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Old 03-05-2014, 03:41 PM
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Quote:
Originally Posted by Sinkingfast View Post
Can someone please explain the difference between the Minutes of Settlement and an Offer to Settle?

I am heading to Trial soon and after the CC, my ex's lawyer drafted up a "Final Minutes of Settlement".
I did not sign it at that time as I did not agree with most of what he had written.
I drafted a revised copy and sent it to him with the heading of "Minutes of Settlement" and I have not heard back from him and it has been well over a month.
I have a week to submit my Trail Brief and have been told it would be in my favor to include a Offer to Settle.
Is that not really what the Minutes of Settlement are?
From my understanding a offer to settle can NEVER be part of the trial record.

It can be brought to settlement conferences.

Again hopefully someone can confirm.
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Old 03-05-2014, 05:10 PM
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An offer to settle is what you're offering up to settle the case.

The Minutes of Settlement are what was finally settled (not always what the offer is).

An offer to settle comes before the minutes of settlement and will assist in determining costs after the trial - if the judgement was close to your offer, you'll get costs awards.

My understanding is the same as FB's. The trial judge will also be a different judge that at CC/CS. Any offers to settle submitted are supposed to be removed from the file prior to trial.
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