Offer of Judgment - Mississippi 2025

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  1. Click ‘Get Form’ to open the Offer of Judgment - Mississippi in the editor.
  2. Begin by entering the names of the plaintiffs and defendants in the designated fields at the top of the form. Ensure accuracy as this information is crucial for identification.
  3. In the section regarding judgment, specify the total sum being offered to settle all claims. This amount should reflect any costs accrued as stated in your complaint.
  4. Clearly indicate that this offer does not constitute an admission of liability. You can add a note if necessary for clarity.
  5. Fill in the date on which you are submitting this offer, ensuring it aligns with legal timelines for acceptance.
  6. Finally, sign the document in the provided space and complete the Certificate of Service by noting when and how you served a copy to opposing counsel.

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If the offer is rejected, the case will move forward with one major caveat: if the plaintiff obtains a final judgment that is less favorable than the rejected offer, the plaintiff must pay all of the defendants costs incurred after the offer was made.
Offer of Judgment. (a) Making an Offer; Judgment on an Accepted Offer. At least 14 days before the date set for trial, a party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued.
It can reduce Plaintiffs attorneys fees Thus, while the rejection of a more favorable offer of judgment does not preclude the recovery of attorneys fees by a prevailing FLSA plaintiff, it can nevertheless substantially reduce the amount of attorneys fees a court will award as reasonable.
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At any time more than fifteen days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with costs then accrued.
If the court finds nonpayment is willful after consideration of the defendants situation, means, and conduct with regard to the nonpayment, the court shall determine the period of incarceration, if any, subject to the limitations set by law and subsection (3) of this section.

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