DECIDING WHO SHOULD PAY THE COSTS AFTER A SPLIT TRIAL: WHEN IS THE BEST TIME TO DETERMINE THE ISSUE? HOW IMPORTANT ARE OFFERS MADE TO SETTLE WHEN A PARTY WON’T SHOW THEM TO THE JUDGE?

When is the best time to determine the costs of a split trial when the case will go forward to a further hearing?  This is an issue considered in the case we consider today.  There are quite specific rules and principles that apply and they are helpfully encapsulated here.

(An offer of settlement t...

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