House Amendment 8191


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
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