The defendant, in an action for the recovery of money only, may, at any time before the trial, serve upon the plaintiff or his attorney an offer, in writing, to allow judgment to be taken against him for the sum specified therein. If the plaintiff accept the offer and give notice thereof to the defendant or his attorney, within five days after the offer was served, the offer, and an affidavit that the notice of acceptance was delivered within the time limited, may be filed by the plaintiff, or the defendant may file the acceptance, with a copy of the offer, verified by affidavit; and in either case, the offer and acceptance shall be noted in the journal, and judgment shall be rendered accordingly. If the notice of acceptance be not given in the period limited, the offer shall be deemed withdrawn, and shall not be given in evidence or mentioned on the trial. If the plaintiff fails to obtain judgment for more than was offered by the defendant, he shall pay the defendant's costs from the time of the offer.
R.L. 1910, § 5301.
Notes of Decisions
Cited in
27
cases (
1 in the last 5 years), 1978–2024 · leading case:
Fleet v. Sanguine, Ltd., 854 P.2d 892 (Okla. 1993).
Fleet v. Sanguine, Ltd., 854 P.2d 892 (Okla. 1993).
· cites it 5× “This offer is made pursuant to Okla.Stat. tit. 12, § 1101, and must be accepted within five (5) days after service hereof.”
Lucas v. Bishop, 1998 OK 16 (Okla. 1998).
· cites it 6× “¶ 5 The Bishops filed an offer under 12 O.S.1991 § 1101 to allow judgment to be taken against them in the amount of $800.”
Hernandez v. United Supermarkets of Oklahoma, Inc., 882 P.2d 84 (Okla. Civ. App. 1994).
· cites it 6× “Two dispositive questions are presented on appeal: (1) whether an offer to allow judgment to be taken, pursuant to 12 O.S.1991 § 1101, can be withdrawn by Defendant; and (2) whether a judgment pronounced within the period granted for Plaintiffs response to an offer of judgment…”
Dulan v. Johnston, 687 P.2d 1045 (Okla. 1984).
· cites it 3× “SIMMS, Vice Chief Justice: Appeal by defendant below from the trial court’s award of prejudgment interest and costs on a judgment by confession entered against defendant pursuant to 12 O.S.1981, § 1101. Counter-appeal by plaintiff below from the trial court’s determination that…”
Kay v. Venezuelan Sun Oil Co., 806 P.2d 648 (Okla. 1991).
· cites it 2× “1988), wherein the prevailing party for purposes of § 936 was determined by the offer and settlement provisions of 12 O.S.1981, § 1101, expressly applicable to actions for money judgments only; and, Doyle v.”
Allison v. City of El Reno, Okl., 894 P.2d 1133 (Okla. Civ. App. 1995).
· cites it 6× “On the day of trial, the City submitted to the plaintiffs a final written offer which read: OFFER TO ALLOW JUDGMENT COMES now the defendant, by and through its attorneys of record, and makes an offer to allow judgment pursuant to 12 O.S. § 1101. Defendant offers to allow…”
Wieland v. Danner Auto Supply, Inc., 695 P.2d 1332 (Okla. 1984).
· cites it 2× “SIMMS, Vice Chief Justice: Appeal by plaintiff below from the trial court’s order denying plaintiff’s motion to tax costs and attorney fees on a judgment by confession entered against defendants below pursuant to 12 O.S.1981 § 1101. The parties will be referred to by their trial…”
Falkner v. Thompson, 585 P.2d 403 (Okla. Civ. App. 1978).
· cites it 6× “00, pursuant to 12 O.S.1971, § 1101, which reads as follows: The defendant, in an action for the recovery of money only, may, at any time before the trial, serve upon the plaintiff or his attorney an offer, in writing, to -allow judgment to be taken against him for the sum…”
Bullard v. Grisham Constr. Co., 660 P.2d 1045 (Okla. 1983).
· cites it 2× “The Court of Appeals affirmed the actions of the trial court both in its granting of judgment notwithstanding verdict and on the refusal of attorneys’ fees and costs under 12 O.S.1971, § 1101 and § 1106, the other issue raised on appeal.”
Sisk v. Sanditen Investments, Ltd., 662 P.2d 317 (Okla. Civ. App. 1983).
· cites it 3× “Sisk’s appeal is whether “costs”, as used in 12 O.S.1971 § 1101 1 , includes attorney’s fees.”
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