(1)A party may serve upon an adverse party an Offer to Settle (Form 49A) any claim between them in the proceeding and, where there is more than one claim between them, to settle one or more of them, on the terms therein specified.

(2)Where a claim is for a debt or for damages, a party may serve upon an adverse party an offer to settle in the form of an offer to accept or suffer a default judgment for an amount specified in the offer.

(1)A party may revoke an offer to settle at any time before acceptance by serving upon the party to whom the offer was made a notice of revocation (Form 49B).

(2)Where an offer to settle stipulates a time for acceptance and is not accepted within that time, it shall be deemed to have been revoked.

(3)The costs consequences prescribed by this rule shall not apply to an offer to settle which has been revoked before the commencement of the trial or hearing.

(1)An offer to settle shall be deemed to be an offer of compromise made without prejudice, and shall not be taken as an admission of liability, unless the offer to settle provides otherwise.

(2)A statement of the fact that an offer to settle has been made shall not be contained in the pleadings, and a communication of that fact shall not be made to the court on the trial or hearing of the proceeding until after all questions of liability and the relief to be granted have been decided.

(0.1)Where an offer to accept or suffer a default judgment referred to in Rule 49.02(2) is accepted, the clerk may, upon the filing of the proof of the making and acceptance of the offer, enter judgment for the amount specified in the offer and, unless the offer stipulates that the judgment is to be without costs,

(1)Where a party to an accepted offer to settle fails to comply with the terms thereof, the other party may, subject to the provisions of paragraph (2), apply to the court

(2)Where the accepted offer to settle is the settlement or compromise of a claim made by or on behalf of a person under disability, the provisions of paragraph (0.1) or (1) shall not apply until the settlement or compromise has been approved as provided in Rule 7.06.

(3)Where the accepted offer is silent as to costs, and the offer was made by the defendant and accepted by the plaintiff, the plaintiff may apply for assessment of his party and party costs of the proceeding to the date when he was served with the offer to settle and, unless the defendant pays those costs within 7 days after assessment, enforce the certificate of assessment in the same manner as a judgment.

(4)Where the accepted offer is silent as to costs, and the offer was made by the plaintiff and accepted by the defendant, the plaintiff may apply for assessment of his party and party costs of the proceeding to the date he was served with the notice of acceptance and, unless the defendant pays those costs within 7 days after assessment, enforce the certificate of assessment in the same manner as a judgment.

(1)Unless ordered otherwise, where an offer to settle was made by a plaintiff at least 10 days before commencement of the trial or hearing of the proceeding and was not revoked prior to commencement of the trial or hearing, and where that plaintiff obtains a judgment as favorable or more favorable than the terms of the offer to settle, then he shall be entitled to 1.5 times the costs fixed pursuant to Rule 59.08(1).

(2)Unless ordered otherwise, where an offer to settle was made by a defendant at least 10 days before commencement of the trial or hearing of the proceeding and was not revoked prior to commencement of the trial or hearing, and where the plaintiff fails to obtain a judgment more favorable than the terms of the offer to settle, the plaintiff shall be entitled only to party and party costs to the date of service of the offer to settle and the defendant shall be entitled to party and party costs from the date of such service.

(1)Where two or more defendants are jointly, or jointly and severally, liable to the plaintiff, one defendant may serve on another defendant an Offer to Contribute (Form 49D) toward a settlement.

(2)The provisions of Rules 49.05 and 49.11 apply to an offer to contribute as if it were an offer to settle.