Under Rule 68, if the offer of judgment is accepted within 10 days, what action does the clerk take?

Under Rule 68, if the offer of judgment is accepted within 10 days, what action does the clerk take?

• A. Clerk shall enter judgment
• B. Clerk shall schedule a hearing
• C. Offer is withdrawn automatically
• D. The court decides after a hearing

Answer: (A)

Under Rule 68, an offer of judgment is a formal proposal to resolve the case on specific terms. If the offeree accepts that offer within ten days, the clerk enters judgment consistent with those terms. This is a ministerial act that finalizes the case on the agreed terms, closing the matter and setting the costs as specified in the offer. The ten-day window is crucial—accept within that period and no further hearings or independent rulings occur. If the offer isn’t accepted within ten days, it’s treated as withdrawn and the case proceeds under the ordinary course, with the usual potential cost consequences depending on the eventual outcome.

Under Rule 68, an offer of judgment is a formal proposal to resolve the case on specific terms. If the offeree accepts that offer within ten days, the clerk enters judgment consistent with those terms. This is a ministerial act that finalizes the case on the agreed terms, closing the matter and setting the costs as specified in the offer. The ten-day window is crucial—accept within that period and no further hearings or independent rulings occur. If the offer isn’t accepted within ten days, it’s treated as withdrawn and the case proceeds under the ordinary course, with the usual potential cost consequences depending on the eventual outcome.