Offer of Judgment Rule | Speaker Law
phone icon email icon
(517) 482-8933

Speaker Law

Offer of Judgment Rule

Posted on Tuesday, May 8, 2018

Although the Michigan Supreme Court rarely addresses the offer of judgment rule, MCR 2.405 (I could only find one previous case--Freeman v Consumers Power Co., 437 Mich 514, 473 NW2d 63 (1991)), the Court issued an opinion this week regarding the interplay of offers of judgment in equity actions in Knue v Smith. In this quiet title action, a party made an offer of judgment of $3,000 in exchange for a quitclaim deed. The Court held, in a highly divided decision, that the offer was not an offer to stipulate to "the entry of a judgment in a sum certain" as required by MCR 2.405. The decision has important implications for attorneys in real property disputes, which typically involve equity issues.

Do you have an appeal?
Let's find out!


MSC: Unconstitutional For County To Keep Surplus Tax Sale Proceeds
Jul 29, 2020
Oakland County’s retention of surplus proceeds from tax-foreclosure...
Failing To Interview Children In Custody Case Was Not Reversible Error
Jul 22, 2020
Even though the trial court did not conduct an interview with the p...
Court of Appeals: Trial Court Made Correct Schooling Decision
Jul 15, 2020
The trial court’s decision regarding the minor child’s schooling wa...
Dismissal Not A Sanction For Plaintiff’s Untruthful Deposition Testimony
Jul 8, 2020
The plaintiff’s civil complaint should not have been dismissed afte...



Subscribe to our blog

* indicates required