What is the purpose of the Civ 090 form?
The Civ 090 form serves as a legal tool for parties in a civil lawsuit to make and accept offers to compromise a case under California’s Code of Civil Procedure Section 998. It allows a plaintiff to propose a settlement to the defendant, and if accepted, facilitates the entry of judgment without the need for a trial.
Who should use the Civ 090 form?
This form is designed for civil actions that involve a single plaintiff and a single defendant. It is specifically applicable when the parties are looking to resolve the action through a money judgment rather than pursuing lengthy litigation.
What information is required on the Civ 090 form?
The form requires details such as the names and contact information of the parties involved, the case number, and specifics regarding the offer to compromise. This includes the amount being offered, any applicable costs, and conditions surrounding the judgment.
Can I use the Civ 090 form for multiple defendants or plaintiffs?
No, the Civ 090 form is only suitable for cases involving a single plaintiff and a single defendant. If your case has multiple parties, you will need to explore other options for settlement or compromise.
What happens after the Civ 090 form is completed?
Once the offer has been accepted and the appropriate details are filled out, the Civ 090 form, along with a prepared judgment, must be filed with the court. The court will only enter the judgment if all required documents are presented together.
Do both parties have to agree to the terms outlined in the Civ 090 form?
Yes, for the judgment to be entered, both parties must agree to the terms specified in the form. The plaintiff must first make the offer, and the defendant must formally accept it for the agreement to be valid.
Are there any costs associated with filing the Civ 090 form?
Filing fees may apply, depending on the court's rules and regulations. It is advisable to check with the specific court where the case is filed for details regarding any associated costs.
Is legal representation necessary to use the Civ 090 form?
While it is not mandatory to have an attorney to use the Civ 090 form, seeking legal advice can be beneficial. An attorney can help ensure that the terms are favorable and that all legal procedures are correctly followed.