Rule text
a. Except as provided in paragraph (b), acceptance and payment of an offer under R. 4:58 will not be deemed a judgment against the offeree and will not require the filing of a Warrant of Satisfaction.
b. Absent leave of court, or the agreement of the offeror and offeree, full payment of the accepted offer shall be made within 30 days after the date of service of notice of acceptance. Within 7 days after full payment, the offeror and the offeree shall file a Stipulation of Dismissal with Prejudice as to all claims that are the subject of the accepted offer. If full payment is not made within 30 days, then the party entitled to receive payment may (1) withdraw its offer or acceptance, or (2) apply for relief consistent with R. 1:6-2(a) for entry of final judgment. The court shall award reasonable expenses, including reasonable fees and costs for the application for final judgment, unless the court finds that the failure to make payment was substantially justified or that other circumstances make an award of expenses unjust.
Notes
Note: New Rule 4:58-7 adopted August 5, 2022 to be effective September 1, 2022.