Text: H08190 Text: H08192 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2396 as follows:
1 2 #1. Page 1, by inserting before line 1, the
1 3 following:
1 4 "Section 1. NEW SECTION. 677.7A OFFER TO RECEIVE
1 5 JUDGMENT AFTER ACTION BROUGHT.
1 6 The plaintiff in an action for the recovery of
1 7 money only may, at any time after the service of
1 8 notice and before trial, serve upon the defendant or
1 9 the defendant's attorney an offer in writing to
1 10 receive judgment against the defendant for a specified
1 11 sum with costs.
1 12 Sec. . NEW SECTION. 677.8A ACCEPTANCE –
1 13 OFFER TO RECEIVE JUDGMENT.
1 14 If the defendant accepts the offer, and gives
1 15 notice thereof to the plaintiff or the plaintiff's
1 16 attorney within five days after the offer is made, the
1 17 offer, and an affidavit that the notice of acceptance
1 18 was delivered in the time limited, may be filed by the
1 19 defendant, or the plaintiff may file the acceptance
1 20 with a copy of the offer, verified by affidavit; and
1 21 in either case a minute of the offer and acceptance
1 22 shall be entered upon the judge's calendar and
1 23 judgment shall be rendered by the court accordingly."
1 24 #2. Page 1, line 4, by inserting after the words
1 25 "which is" the following: "at least twenty percent".
1 26 #3. Page 1, by inserting after line 6, the
1 27 following:
1 28 "Sec. . NEW SECTION. 677.10B PENALTY –
1 29 ADDITIONAL PREJUDGMENT INTEREST.
1 30 If an offer to receive judgment is made under this
1 31 chapter and is not accepted, and a subsequent trial
1 32 results in a judgment which is at least twenty percent
1 33 more than the offer to receive judgment, prejudgment
1 34 interest shall be calculated at twice the normal rate
1 35 after the date of the offer to receive judgment."
1 36 #4. By renumbering as necessary.
1 37
1 38
1 39
1 40 SWAIM of Davis
1 41 HF 2396.503 80
1 42 rh/pj
Text: H08190 Text: H08192 Text: H08100 - H08199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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