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Fill and Sign the Plaintiffs Response to Defendants Offer of Judgment Form

Fill and Sign the Plaintiffs Response to Defendants Offer of Judgment Form

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- 1 - IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________ ) ) ) Petitioner/Plaintiff, ) ) ) NO. Vs. ) ) ) Respondent/Defendant ) ) PLAINTIFFS' RESPONSE TO DEFENDANTS' OFFER OF JUDGMENT Plaintiffs, through counsel, respond to Defendants' Offer of Judgment dated _____ day of _____________, 20____, and received by counsel for plaintiffs on the _____ day of _____________, 20____, as follows: 1. Depositions recently taken by the defendants have established the reasonable value of the plaintiff's combined claims to be approximately $___________ rather than the $___________ prematurely offered by defendants prior to said depositions. 2. Plaintiffs give notice of their offer to now settle all claims for the sum tot al of $___________, inclusive of the $___________ previously offered by the defendants prior to taking the deposition of plaintiff ______________________ on the _____ day of _____________, 20____. 3. Rule ____, ______________ Rules of Civil Procedure, is unconstitutional because it violates these plaintiffs' rights to due process of law and to equal protecti on of the law under both the U. S. Constitution and the Constitution of the State of ____________. Rule ____ - 2 - precludes any plaintiff the right to either make an offer of settlement in a civil matter or to make a counteroffer to a defendant. To be constitutional, there is inherent in said Rule the implied and co-equal right of all litigants to have the same opportunity under law as any ot her litigant to equal status in a court of law. As written, Rule ____ denies these plaintiffs this equa l standing under law and should be held unconstitutional. WHEREFORE, PREMISES CONSIDERED, plaintiffs urge the defendants to forthwith accept this offer in full and complete settlement of all claims. Respectfully submitted, Dated: Name: Title: Address: Address: City, State, Zip: Phone: Fax: E-Mail: Attorney No.: CERTIFICATE OF SERVICE I, ______________________________, do hereby certify that I have this day mailed, U.S. Mail, postage prepaid, a true and correct copy of the above and foregoing to __________________________________, at the following address; ___________________________________________________________________ THIS the ____ day of _____________, 20____. _________________________________

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