Rule 68 Arizona Rules of Civil Procedure Example Case

In Duke v. Cochise County, 189 Ariz. 35, 938 P.2d 84 (App. 1996), Division Two of the Court vacated sanctions imposed based on an unapportioned offer of judgment pursuant to Rule 68. The court concluded that without knowing the amount each offeree could have settled for prior to trial, it was impossible for a court to determine whether each offeree fared better at trial. Id. at 41, 938 P.2d at 90. The Court also concluded the offer of judgment failed because the plaintiff "failed to apportion the amounts sought on her multiple claims for wrongful death, emotional distress, and false imprisonment, making it impossible for the County to assess its chances of doing better at trial against each claim." Id.