Back to Main Page / Back to List of Rules

Rule 167.2. Settlement Offer


(a) Defendant's declaration a prerequisite; deadline.

A settlement offer under this rule may not be made until a defendant - a party against whom a claim for monetary damages is made - files a declaration invoking this rule when a defendant files such a declaration, an offer or offers may be made under this rule to settle only those claims by and against that defendant. The declaration must be filed no later than 45 days before the case is set for conventional trial on the merits.

(b) Requirements of an offer: A settlement offer must:

(1) be in writing;

(2) state that it is made under Rule 167 and Chapter 42 of the Texas Civil Practice and Reme­dies Code;

(3) identify the party or parties making the offer and the party or parties to whom the offer is


(4) state the terms by which all monetary claims - including any attorney fees, interest, and costs that would be recoverable up to the time of the offer - between the offeror or offerors on the one hand and the offeree or offerees on the other may be settled;

(5) state a deadline - no sooner than 14 days after the offer is served - by which the offer must be accepted;

(6) be served on all parties to whom the offer is made.

(c) Conditions of offer. An offer may be made subject to reasonable conditions, including the execution of appropriate releases, indemnities, and other documents. An offeree may object to a condition by written notice served on the offeror before the deadline stated in the offer. A condition to which no such objection is made is presumed to have been reasonable. Rejection of an offer made subject to a condition determined by the trial court to have been unreasonable cannot be the basis for an award of litigation costs under this rule.

(d) Non-monetary and excepted claims not included. An offer must not include non-monetary claims and other claims to which this rule does not apply.

(e) Time limitations. An offer may not be made:

(1) before a defendant's declaration is filed;

(2) within 60 days after the appearance in the case of the offeror or offeree, whichever is later;

(3) within 14 days before the date the case is set for a conventional trial on the merits, except that an offer may be made within that period if it is in response to, and within seven days of, a prior offer.

(f) Successive offers. A party may make an offer after having made or rejected a prior offer. A rejection of an offer is subject to imposition of litigation costs under this rule only if the offer is more favorable to the offeree than any prior offer.

Oct. 9, 2003, eff. Jan. 1, 2004.