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![Matt Rooney](https://kbf04e.p3cdn1.secureserver.net/wp-content/uploads/userphoto/4.thumbnail.jpg)
Matt Rooney
is a New Jersey attorney, former Superior Court law clerk, and noted commentator who focuses his practice on family law, municipal court defense, and personal injury matters. He was recognized by SJ Magazine as a 2018 “Top Divorce & Family Attorney."
![Matt Rooney](https://kbf04e.p3cdn1.secureserver.net/wp-content/uploads/userphoto/4.thumbnail.jpg)
Latest posts by Matt Rooney (see all)
- N.J. COURT: Live-In Nannies Are Covered By The Prevention of Domestic Violence Act - July 31, 2019
- When will the judge hear my N.J. family court motion? - October 16, 2018
- N.J. may soon allow “hardship licenses.” Here’s what that means. | Rooney - October 10, 2018
New Jersey Appellate Court Finds Contingent Fee Shouldn’t Be Deducted From Fee Award
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4:58-1(a): Except in a matrimonial action, any party may, at any time more than 20 days before the actual trial date, serve on any adverse party, without prejudice, and file with the court, an offer to take a monetary judgment in the offeror’s favor, or as the case may be, to allow judgment to be taken against the offeror, for a sum stated therein (including costs). The offer shall not be effective unless, at the time the offer is extended, the relief sought by the parties in the case is exclusively monetary in nature.Things can get interesting if the offer is NOT accepted within the prescribed time; “[i]f the offer is not accepted on or prior to the 10th day before the actual trial date or within 90 days of its service,” states R. 4:58-1(b), or “whichever period first expires, it shall be deemed withdrawn and evidence thereof shall not be admissible except in a proceeding after the trial to fix costs, interest, and attorney’s fee. The fact that an offer is not accepted does not preclude a further offer within the time herein prescribed in the same or another amount or as specified therein.” And what’s included in the award? Our Courts have an answer for that question, too, in R. 4:58-2(a):
If the offer of a claimant is not accepted and the claimant obtains a money judgment, in an amount that is 120% of the offer or more, excluding allowable prejudgment interest and counsel fees, the claimant shall be allowed, in addition to costs of suit: (1) all reasonable litigation expenses incurred following non-acceptance; (2) prejudgment interest of eight percent on the amount of any money recovery from the date of the offer or the date of completion of discovery, whichever is later, but only to the extent that such prejudgment interest exceeds the interest prescribed by R. 4:42-11(b), which also shall be allowable; and (3) a reasonable attorney’s fee for such subsequent services as are compelled by the non-acceptance.That’s where the Feliciano case turned after the defendant rejected the plaintiff’s offer of judgment and the Court returned a verdict of $50,000 for pain and suffering shortly thereafter. Plaintiff’s attorney followed up by filing a motion for fees, and expenses and interest pursuant to R. 4:58-2 in July 2010.
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The following two tabs change content below.
![Matt Rooney](https://kbf04e.p3cdn1.secureserver.net/wp-content/uploads/userphoto/4.thumbnail.jpg)
Matt Rooney
is a New Jersey attorney, former Superior Court law clerk, and noted commentator who focuses his practice on family law, municipal court defense, and personal injury matters. He was recognized by SJ Magazine as a 2018 “Top Divorce & Family Attorney."
![Matt Rooney](https://kbf04e.p3cdn1.secureserver.net/wp-content/uploads/userphoto/4.thumbnail.jpg)
Latest posts by Matt Rooney (see all)
- N.J. COURT: Live-In Nannies Are Covered By The Prevention of Domestic Violence Act - July 31, 2019
- When will the judge hear my N.J. family court motion? - October 16, 2018
- N.J. may soon allow “hardship licenses.” Here’s what that means. | Rooney - October 10, 2018