that an offer is made but not accepted does not preclude a

subsequent offer. (b) If the judgment finally rendered by the court is at least 5 percent less favorable to the offeree than the offer, or, if there are multiple defendants, at least 10 percent less favorable to the offeree than the offer, the offeree, whether the party making the claim or defending against the claim, shall pay all costs as allowed under the Civil Rules and shall pay reasonable actual attorney’s fees incurred by the offeror from the date the offer was made as follows: (1) if the offer was served no later than 60 days after the date established in the pretrial order for initial disclosures required by Civil Rule 26, the offeree shall pay 75 percent of the offeror’s reasonable actual attorney’s fees; (2) if the offer was served more than 60 days after the date established in the pretrial order for initial disclosures required by Civil Rule 26 but more than 90 days before the trial began, the offeree shall pay 50 percent of the offeror’s reasonable actual attorney’s fees; (3) if the offer was served 90 days or less but more than 10 days before the trial began, the offeree shall pay 30 percent of the offeror’s reasonable actual attorney’s fees. (c) If an offeror would be entitled to receive costs and reasonable actual attorney’s fees under paragraph (b), that offeror shall be considered the prevailing party for purposes of fees under Civil Rule 82. an award of attorney’s Notwithstanding paragraph (b), if the amount awarded an offeror for attorney’s fees under Civil Rule 82 is greater than a party would receive under paragraph (b), the offeree shall pay to the offeror attorney’s fees specified under Civil Rule 82 and is not required to pay reasonable actual attorney’s fees under paragraph (b). A party who receives attorney’s fees under this rule may not also receive attorney’s fees under Civil Rule 82. (Adopted by SCO 5 October 9, 1959; amended by SCO 818 effective August 1, 1987; by SCO 1281 effective August 7, 1997; and by SCO 1565 effective April 15, 2005) In 1997 the legislature amended AS Note to SCO 1281: 09.30.065 concerning offers of judgment. According to ch. 26, sec 52, SLA 1997, the amendment to AS 09.30.065 has the effect of amending Civil Rules 68 and 82 by requiring the offeree to pay costs and reasonable actual attorney fees on a sliding scale of percentages in certain cases, by eliminating provisions relating to interest, and by changing provisions relating to attorney fee awards. According to sec. 55 of the session law, the amendment to AS 09.30.065 applies “to all causes of action accruing on or after the effective date of this Act.” However, the amendments to Civil Rule 68 adopted by paragraph 5 of this order are applicable to all cases filed on or after August 7, 1997. See paragraph 17 of this order.