California Code of Civil Procedure

§ 998

CCP § 998 Effective Jan 1, 2025Title 14 · Part 2 · Ch. 3

Statute text

(a)The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section.

(b)Not less than 10 days prior to commencement of trial or arbitration (as provided in Section 1281 or 1295) of a dispute to be resolved by arbitration, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award to be entered in accordance with the terms and conditions stated at that time. The written offer shall include a statement of the offer, containing the terms and conditions of the judgment or award, and a provision that allows the accepting party to indicate acceptance of the offer by signing a statement that the offer is accepted. Any acceptance of the offer, whether made on the document containing the offer or on a separate document of acceptance, shall be in writing and shall be signed by counsel for the accepting party or, if not represented by counsel, by the accepting party.

(1)If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter judgment accordingly. In the case of an arbitration, the offer with proof of acceptance shall be filed with the arbitrator or arbitrators who shall promptly render an award accordingly.

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Legislative history

Amended by Stats. 2024, Ch. 444, Sec. 2. (SB 577) Effective January 1, 2025.