sec.734Acceptance of offer to settle costs

### sec.734 Acceptance of offer to settle costs An acceptance of an offer to settle must be in writing. If a party gives to a costs assessor a copy of the offer and the acceptance of the offer, the costs must be certified by the costs assessor under rule 737 in the amount of the offer. If— a party does not accept an offer to settle; and the amount of the costs statement assessed by the costs assessor, before deciding the costs of the assessment, is more than the amount of the offer; the party liable for the costs must pay the costs of the assessment, unless the costs assessor decides otherwise. However, if the amount of the costs assessed by the costs assessor, before deciding the costs of the assessment, is equal to, or less than, the amount of the offer, the party entitled to the costs may not recover the costs of the assessment but must pay the costs of the assessment of the party liable to pay the costs, unless the costs assessor decides otherwise. For this rule, the costs of the assessment are the costs incurred for the assessment on and from the date of service of the offer to settle, and include a fee payable for the assessment. r 734 sub 2007 SL No. 315 s 10 amd 2013 SL No. 289 s 23 (sec.734-ssec.1) An acceptance of an offer to settle must be in writing. (sec.734-ssec.2) If a party gives to a costs assessor a copy of the offer and the acceptance of the offer, the costs must be certified by the costs assessor under rule 737 in the amount of the offer. (sec.734-ssec.3) If— a party does not accept an offer to settle; and the amount of the costs statement assessed by the costs assessor, before deciding the costs of the assessment, is more than the amount of the offer; the party liable for the costs must pay the costs of the assessment, unless the costs assessor decides otherwise. (sec.734-ssec.4) However, if the amount of the costs assessed by the costs assessor, before deciding the costs of the assessment, is equal to, or less than, the amount of the offer, the party entitled to the costs may not recover the costs of the assessment but must pay the costs of the assessment of the party liable to pay the costs, unless the costs assessor decides otherwise. (sec.734-ssec.5) For this rule, the costs of the assessment are the costs incurred for the assessment on and from the date of service of the offer to settle, and include a fee payable for the assessment. - (a) a party does not accept an offer to settle; and - (b) the amount of the costs statement assessed by the costs assessor, before deciding the costs of the assessment, is more than the amount of the offer;