When can a party serve a § 9-11-68 offer of settlement in Georgia?

· 2 min read

A formal offer of settlement under this statute belongs to the litigation phase, not the pre-suit stage, and it must be served within a defined window. O.C.G.A. § 9-11-68 allows either party to serve a written settlement offer more than 30 days after the summons and complaint are served on a party, but not less than 30 days before trial.

The opening of the window

The earliest point for a valid offer is after the case is underway. A party cannot use this statute before a lawsuit exists, and even after filing, the offer cannot be served until more than 30 days have passed since the summons and complaint were served on the party. That initial period gives the receiving side time to be brought into the case and begin assessing it before the fee-shifting machinery can be set in motion.

The closing of the window

The offer must also come far enough ahead of trial to give the other side a real chance to evaluate and respond. The statute requires service no later than 30 days before trial, with a shorter window for a counteroffer. An offer served too close to trial does not qualify. The statute also provides that an offer not withdrawn or accepted within 30 days is treated as rejected, which fixes the point from which post-rejection fees and expenses are later measured.

Key timing points to keep straight:

  • No offer until more than 30 days after service of the summons and complaint.
  • No offer later than 30 days before trial, with a tighter limit on counteroffers.
  • An unanswered offer is deemed rejected after 30 days.

Why the timing rules exist

These boundaries keep the offer-of-settlement device fair. Opening it only after the defendant is in the case prevents ambush, and closing it well before trial ensures the other party can weigh the offer against developed facts rather than being rushed on the courthouse steps. Because the consequences include shifting attorney fees, the law conditions those consequences on the offer being made within the proper window and in the proper form.

The bottom line

In Georgia, a § 9-11-68 offer of settlement may be served only during the lawsuit, after more than 30 days from service of the summons and complaint and no later than 30 days before trial. Serving the offer outside that window, or in a non-compliant form, prevents it from triggering the statute’s fee-shifting consequences.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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