Symposium on FRCP 68: Lessons from New Jersey

I would like to begin by thanking the Mercer Law Review for the opportunity to participate in its Federal Rules of Civil Procedure 68 Symposium. Federal Rule of Civil Procedure 681 ("Rule 68") is an important topic, and it is an honor to discuss the rule with such distinguished attorneys, jurists, and fellow academics. The reach of Rule 68 is certainly wide, applying to all federal civil litigation. The effect of Rule 68, however, is small: most scholars and practitioners agree it has little bearing on how cases are litigated.

If Rule 68, and offer-ofjudgment rules generally, are to have a more meaningful and positive effect on civil litigation, some modifications are in order. The purpose of this symposium is, in part, to evaluate what those modifications might be.