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Old 01-24-2013, 12:56 PM
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Default Offers to Settle

Quick question

My understanding of Offers to Settle are that they are not viewed by the Judge until after the judgement has been rendered. I just received motion materials from the opposing party and he has included "my" Offer to Settle as an exhibit to "his" affidavit. Is this even allowed?

Offer to Settle was generous but i thought it was not something that is usually shared with the Judge until after both parties have had an opportunity to argue their positions and received a Judgement.
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Old 01-24-2013, 01:08 PM
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Offers to Settle are only supposed to be divulged if there is a cost award or if the judge allows cost submissions.

I would not say anything if you feel it is not prejudicial to you. I would leave it to the judge to strike it from the submissions.

If you feel your Offer to Settle is prejudicial then the Rules disallow it being submitted.

Hope this helps.
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Old 01-24-2013, 01:09 PM
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Did a lawyer attach the Offer to Settle as an Exhibit?
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Old 01-24-2013, 01:48 PM
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No, the party in question is self represented. But his former lawyer agreed to commission the affidavit and exhibits. So, one would assume his lawyer would have read through what he was signing off and raised it as an issue.

Thanks for your help!
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Old 01-24-2013, 06:38 PM
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You have to indicate 'Without Prejudice' in your offer to keep the judge's eyes off it.
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Old 01-24-2013, 06:41 PM
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Yes, I did indicate "without prejudice" in the first line. But it was still included by the opposing party as an exhibit to his affidavit in support of his motion.

The Judge has not set his eyes on it yet. But given that it is filed I suspect it will be part of the affidavit that is eventually read.

Last edited by Nadia; 01-24-2013 at 06:43 PM.
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Old 01-24-2013, 06:42 PM
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He can attach anything he wants with his motion, including the crossword puzzle from today's paper. That doesn't mean the judge will allow it as admissible.
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Old 01-24-2013, 06:45 PM
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Yah - that's real world - the judge is likely to read it. Kind of like how TV lawyers blab out 'inadmissable evidence', which the opposing counsel (ineffectually) objects to.
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Old 01-24-2013, 06:45 PM
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Quote:
Originally Posted by Nadia View Post
No, the party in question is self represented. But his former lawyer agreed to commission the affidavit and exhibits. So, one would assume his lawyer would have read through what he was signing off and raised it as an issue.

Thanks for your help!
And not so -- when I commission, I just confirm with the oath swearer that what is attached is a true copy.. I don't read the exhibits. See crossword puzzle as per Mess.
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Old 01-24-2013, 06:50 PM
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The question is do I leave it in there and say nothing (it does demonstrate the effort I am trying to make to settle the dispute) OR do I request that it be striken from the record given that it was an Offer to Settle made on a without prejudicial basis only?
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