Senate Amendment 5248


PAG LIN




     1  1    Amend House File 2396, as passed by the House, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting before line 1, the
     1  4 following:
     1  5    <Section 1.  NEW SECTION.  677.7A  OFFER TO RECEIVE
     1  6 JUDGMENT AFTER ACTION BROUGHT.
     1  7    The plaintiff in an action for the recovery of
     1  8 money only may, at any time after the service of
     1  9 notice and before trial, serve upon the defendant or
     1 10 the defendant's attorney an offer in writing to
     1 11 receive judgment against the defendant for a specified
     1 12 sum with costs.
     1 13    Sec.    .  NEW SECTION.  677.8A  ACCEPTANCE ==
     1 14 OFFER TO RECEIVE JUDGMENT.
     1 15    If the defendant accepts the offer, and gives
     1 16 notice thereof to the plaintiff or the plaintiff's
     1 17 attorney within five days after the offer is made, the
     1 18 offer, and an affidavit that the notice of acceptance
     1 19 was delivered in the time limited, may be filed by the
     1 20 defendant, or the plaintiff may file the acceptance
     1 21 with a copy of the offer, verified by affidavit; and
     1 22 in either case a minute of the offer and acceptance
     1 23 shall be entered upon the judge's calendar and
     1 24 judgment shall be rendered by the court accordingly.>
     1 25 #2.  Page 1, line 1, by inserting after the figure
     1 26 <677.10A> the following:  <PENALTY == LOSS OF>.
     1 27 #3.  Page 1, line 4, by inserting after the words
     1 28 <which is> the following:  <at least twenty percent>.
     1 29 #4.  Page 1, by inserting after line 6, the
     1 30 following:
     1 31    <Sec.    .  NEW SECTION.  677.10B  PENALTY ==
     1 32 ADDITIONAL PREJUDGMENT INTEREST.
     1 33    If an offer to receive judgment is made under this
     1 34 chapter and is not accepted, and a subsequent trial
     1 35 results in a judgment which is at least twenty percent
     1 36 more than the offer to receive judgment, prejudgment
     1 37 interest shall be calculated at twice the normal rate
     1 38 after the date of the offer to receive judgment.>
     1 39 #5.  By renumbering as necessary.
     1 40
     1 41
     1 42                               
     1 43 KEITH A. KREIMAN
     1 44 HF 2396.701 80
     1 45 rh/gg
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