Magic incantation at the end of an offer

[selfrepguy]

Hi,

Many offers to settle that I've seen include a phrase something like: "This offer is open for acceptance until five minutes after the commencement of any motion regarding this issue."

Why is this done? Why can it not be open until 1 day or 10 days before a trial or motion?

[Rioe]

Hi,

Many offers to settle that I've seen include a phrase something like: "This offer is open for acceptance until five minutes after the commencement of any motion regarding this issue."

Why is this done? Why can it not be open until 1 day or 10 days before a trial or motion?

I'm sure it could, but I think sometimes people walk into the courtroom and see the formal environment and the officials and the stern judge, and suddenly come to their senses. You wouldn't want to lose the opportunity to take advantage of that.

[annapurna66]

As an aside: An offer may not be accepted after the court begins to give a decision that disposes of a claim dealt with in the offer. Family Law Rules: 18. THe whole goal of court is to settle. Many offers settle within 24 hours prior to the motion or the trial. I went to watch a day of scheduled motions at court last week. 3 out of 6 that were scheduled were not heard as they settled the night before. It would seem that everyone works better under pressure...this leaves the pressure on until the very last minute...to hopefully encourage settlement. Ridiculous that this is what it takes...but true. I believe that leaving your offer open until the start of trial or a motion would help you recuperate costs more readily than if you withdrew your offer prematurely (as in 10 days before). Not sure...but that would make sense to me.

Actually, I believe the above is true with respect to costs. Just read FLR 18(subsection 14)...to be entitled to costs the offer must not expire or be withdrawn before the hearing starts. So I guess that 5 minutes into the hearing is a good choice.

[selfrepguy]

Aha! That's the answer I was looking for. Thank you Annapurna! You're a nice person and a great mountain

[FB_]

Yes it's because the rules state that if you want your offers to be consider for costs they cannot expire before the start of the motion/trial.

I provided 5 offers to my ex. None were accepted or responded to. 5 days before our long motion my lawyer got a phone call that they wanted to settle. A 4-way settlement was held 2 days before the motion. Ex's lawyer wanted the motion postponed but we refused. All issues were settled during the 4-way.

My ex was "probably" going to lose many of the items at the motion and might have been ordered to pay some of my costs. One of the main points was the house. 3 of the offers were all the options... 1 she buys me out. 2 I buy her out. 3 House is sold.

One of those was going to happen and I had covered my butt by offering all three options.

[mememe]

I recently met with my lawyer and he is recommending numerous settlement offers to be presented----again to look better if we go to court I think