R. 4:58-4. — Multiple Claims; Multiple Parties

a. Per Quod and Derivative Plaintiffs. If a party joins as plaintiff for the purpose of asserting a per quod claim or if one or more plaintiffs seek a claim that is derivative of the claim of another plaintiff, the claimants may make a single unallocated offer. Otherwise, multiple claimants may file and serve any offer individually.

b. Multiple Defendants. Where there are multiple defendants, offers shall be made as follows:

1. Global Offer. Claimant may make a global offer to multiple defendants. If claimant obtains a money judgment in an amount that is 120% of the global offer or more, excluding allowable prejudgment interest and counsel fees, the claimant shall be allowed, in addition to costs of suit, those allowances as prescribed in R. 4:58-2(a). In such case, the assessment of costs and fees shall be applied as follows:

a. No Response. When there is a rejection of, or no response to, plaintiff’s global offer, each defendant will be jointly and severally responsible for the entire allocation set forth pursuant to R. 4:58.

b. Global Counteroffer. When there is a global counteroffer from defendants and plaintiff obtains a favorable determination qualifying for allowances under this rule, each defendant will be responsible for the portion of expenses and fees equal to the percentage for which such defendant was individually adjudicated responsible. Subject to R. 4:58-3(c), in the event the defendants obtain a global favorable determination, plaintiff will be responsible for the expenses and fees payable pro rata to each defendant in accordance with that defendant’s proportionate share of the offer.

c. Counteroffer to Claimant’s Global Offer by One Defendant. When a single defendant makes a counteroffer to a global offer, it shall be treated as a counteroffer limited to that defendant’s share.

1. If that defendant’s final adjudicated share is less than 120% of their individual counteroffer, that defendant shall not be assessed any allowances under the rule and the remaining non-responsive defendants will remain jointly and severally responsible for the total allowances under the rule.

2. If that defendant’s final adjudication is greater than 120% of their counteroffer, that defendant should be responsible for the allowances equal to their percentage of adjudicated responsibility and the non- responsive defendants shall be jointly and severally liable for the balance of the allowances to which claimant is entitled under this rule.

d. Counteroffers by Multiple but not All Defendants. When multiple defendants individually make a counteroffer representing only their individual share of responsibility, each defendant shall indicate that.

1. If any responsive individual defendant’s final adjudicated share is less than 120% of their individual counteroffer, that defendant shall not be assessed any allowances under the rule and the remaining non-responsive defendants will remain jointly and severally responsible for the total allowances under the rule.

2. If any responsive individual defendant’s final adjudication is greater than 120% of their counteroffer, that defendant shall be responsible for the allowances equal to their percentage of adjudicated responsibility and the non-responsive defendants shall be joint and severally liable for the balance of the allowances to which claimant is entitled under this rule.

e. All Defendants Respond Individually. When all defendants counteroffer individually to a global offer, the individual responses should be combined and treated as a global counteroffer. Each defendant who counteroffered an amount where 120% of that amount is determined to be more than their adjudicated responsibility of the monetary judgment will not be responsible for any allowances. Any defendant who did not obtain a favorable determination will be assessed 100% of allowances. The allowances will be assessed based on that defendant’s adjudicated percentage share of responsibility of the allowances and the combination of the remaining defendants must equal 100% of the allowances. However, if each defendant has individually offered an amount where 120% of that amount is determined to be more than that defendant’s adjudicated responsibility of the monetary judgment, but 120% of all of the defendants’ combined counteroffer amount is less than the claimant’s global offer, then each defendant will be responsible for the portion of expenses and fees equal to the percentage that the defendant was adjudicated responsible.

2. Reserved.

3. Individual Offer. If there are multiple defendants, individual offers of judgment may be filed and served as prescribed by R. 4:58-1. If such offeror is successful as prescribed by R. 4:58-2 or -3, such claimant or defendant shall be entitled to the allowances as prescribed by R. 4:58-2 or -3, as the case may be.

c. Multiple Claims. If a claimant asserts multiple claims for relief or if a counterclaim has been asserted against the claimant, the claimant's offer shall include all claims made by or against that claimant. If a party not originally a claimant asserts a counterclaim, that party's offer shall also include all claims by and against that party.