1002Making offer

1002 Making offer (1) A party may, by written notice, make an offer to another party to compromise any claim in proceedings, either in whole or in part, on stated terms. (2) An offer under this rule must— (a) identify— (i) the claim or part of the claim to which it relates; and (ii) the proposed orders for disposal of the claim or part of the claim including, if a monetary judgment is proposed, the amount of the judgment; and Rule 1002 (b) if the offer relates only to part of the proceedings, include a statement— (i) for an offer by the plaintiff—stating whether the remainder of the proceedings will be abandoned or pursued; or (ii) for an offer by a defendant—stating whether the remainder of the proceedings will be defended or conceded; and (c) not include an amount for costs or state that it is inclusive of costs; and (d) state that the offer has been made in accordance with this part; and (e) state the period of acceptance. (3) An offer under this rule may propose— (a) a judgment in favour of the defendant— (i) with no order as to costs; or (ii) despite subrule (2) (c), with an order that the defendant will pay to the plaintiff a stated amount for the plaintiff’s costs; or (b) that the costs as agreed or assessed up to the time of the offer will be paid by the person making the offer; or (c) that the costs as agreed or assessed on a party and party basis or indemnity basis will be paid out of a stated estate or fund identified in the offer. (4) If the offeror makes an offer before the offeree is given particulars of the offeror’s claim, and documents available to the offeror necessary for the offeree to properly consider the offer, the offeree may, within 14 days after receiving the offer give notice to the offeror that— (a) the offeree is unable to assess the reasonableness of the offer because of the lack of particulars or documents; and Rule 1003 (b) if rule 1010 applies—the offeree will seek an order under rule 1010 (2). (5) The end of a period of acceptance for an offer— (a) for an offer made 2 months or more before the date set down for the start of the trial—must be not less than 28 days after the day the offer is made; and (b) in any other case—must be after a period that is reasonable in the circumstances. (6) Unless the notice of offer otherwise provides, an offer providing for the payment of money or doing of an act is taken to provide for the payment or doing of the act within 28 days after the offer is accepted. (7) Unless the notice of offer otherwise provides, an offer is made without prejudice. (8) A party may make more than 1 offer in relation to the same claim. (9) Unless the court orders otherwise, an offer may not be withdrawn during the period of acceptance for the offer. (10) A notice of offer purporting to exclude, modify or restrict rule 1010 or rule 1011 is invalid.