CHAPTER 1. OFFERS OF SETTLEMENT

IC 34-50
    ARTICLE 50. SETTLEMENT OF CLAIMS

IC 34-50-1
    Chapter 1. Offers of Settlement

IC 34-50-1-1
Applicability of chapter
    Sec. 1. (a) This chapter applies only to actions in tort broughtunder:
        (1) IC 33, including IC 33-1-1.5 before its repeal; or
        (2) this title.
    (b) This chapter does not apply to small claims actions.
As added by P.L.1-1998, SEC.46.

IC 34-50-1-2
Time of offer
    Sec. 2. A qualified settlement offer may be made at any time aftera complaint has been filed in a civil action, but may not be made lessthan thirty (30) days before a trial of the action.
As added by P.L.1-1998, SEC.46.

IC 34-50-1-3
Resolution of issues before acceptance
    Sec. 3. A qualified settlement offer must resolve all claims anddefenses at issue in the civil action between the offeror and therecipient before the qualified settlement offer may be accepted by therecipient.
As added by P.L.1-1998, SEC.46.

IC 34-50-1-4
Requirements of qualified settlement offer
    Sec. 4. A qualified settlement offer must:
        (1) be in writing;
        (2) be signed by the offeror or the offeror's attorney of record;
        (3) be designated on its face as a qualified settlement offer;
        (4) be delivered to each recipient or recipient's attorney ofrecord:
            (A) by registered or certified mail; or
            (B) by any method that verifies the date of receipt;
        (5) set forth the complete terms of the settlement proposed bythe offeror to the recipient in sufficient detail to allow therecipient to decide whether to accept or reject it;
        (6) include the name and address of the offeror and the offeror'sattorney of record, if any; and
        (7) expressly revoke all prior qualified settlement offers madeby the offeror to the recipient.
As added by P.L.1-1998, SEC.46.

IC 34-50-1-5 Acceptance
    Sec. 5. An acceptance of a qualified settlement offer must be:
        (1) unconditional;
        (2) in writing;
        (3) signed by the accepting recipient or the accepting recipient'sattorney of record; and
        (4) delivered:
            (A) by registered or certified mail or by a means that verifiesthe date of receipt;
            (B) to the offeror or the offeror's attorney of record; and
            (C) not more than thirty (30) days after the recipient receivesthe qualified settlement offer.
As added by P.L.1-1998, SEC.46.

IC 34-50-1-6
Attorney's fees and costs
    Sec. 6. (a) If:
        (1) a recipient does not accept a qualified settlement offer; and
        (2) the final judgment is less favorable to the recipient than theterms of the qualified settlement offer;
the court shall award attorney's fees, costs, and expenses to theofferor upon the offeror's motion.
    (b) An award of attorney's fees, costs, and expenses under thissection must consist of attorney's fees at a rate of not more than onehundred dollars ($100) per hour and other costs and expensesincurred by the offeror after the date of the qualified settlement offer.However, the award of attorney's fees, costs, and expenses may nottotal more than one thousand dollars ($1,000).
    (c) A motion for an award of attorney's fees, costs, and expensesunder this section must be filed not more than thirty (30) days afterentry of judgment. The motion must be accompanied by an affidavitof the offeror or the offeror's attorney establishing the amount of theattorney's fees and other costs and expenses incurred by the offerorafter the date of the qualified settlement offer. The affidavitconstitutes prima facie proof of the reasonableness of the amount.
    (d) Where appropriate, the court may order a judgment enteredagainst the offeror and in favor of the recipient reduced by theamount of attorney's fees, costs, and expenses awarded to the offerorunder this section (or IC 34-4-44.6-8 before its repeal).
As added by P.L.1-1998, SEC.46.