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Civil Procedure 68 And Frivolous, Please Help

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Mec4040

Member
What is the name of your state? NY

Hello,

I had asked a before about stopping a rule 68 and received some very helpful answers...many thanks to those people. I have not stopped in my search and have read of a few cases where a rule 68 was issued and because the case was found to be 'Frivolous'...the plaintiff had to pay Att Fee's. Which made me think about what if the case was not found to be 'Frivolous'.

So does that mean in my case, if a rule 68 was made and the court didnt find my claim to be 'Frivolous' then I would not have to pay Att Fee's?

Is this correct? And is it easy for the Def Att to prove the case is 'Frivolous'


Once again, I want to thank this forum and the people who share their advice for all the great help.


Jon
 



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