89Offer of compromise

89 Offer of compromise

(1)  A party may file and serve on any other party an offer of compromise before final judgment.

(2)  The offer may be made subject to any specified condition.

(3)  [Rule 89 Subrule (3) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] The offer may relate to liability, quantum, matters in issue in the proceeding or any order, remedy or relief sought.

(4)  An offer of compromise is to specify –

(a) whether the offer includes costs and interest; or

(b) the amount offered for costs and interest up to the date of the offer.

(5)  If the offer does not comply with subrule (4)  –

(a) [Rule 89 Subrule (5) amended by S.R. 2013, No. 69, Applied:04 Sep 2013] the offer is taken to refer only to the sum of money claimed in the proceeding; and

(b) the party accepting the offer may apply for costs and interest in addition to the sum of money comprised in the offer.