Applicability of Chapter Upon Timely Offer of Settlement by Defendants

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Sec. 5. This chapter does not apply if:

(1) within nine (9) months after a claim is filed in the court, or any longer period determined by the court to be necessary upon a showing of good cause, one (1) or more of the parties against whom the claim is filed makes a written offer of settlement to the party receiving a judgment;

(2) the terms of the offer include payment within sixty (60) days after the offer is accepted; and

(3) the amount of the offer is at least two-thirds (2/3) of the amount of the judgment award.

[Pre-1998 Recodification Citation: 34-4-37-7.]

As added by P.L.1-1998, SEC.47.


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