Too Late to Stipulate: Reconciling Rule 68 with Summary Judgments

Abstract

This Comment illustrates that the conflict between FRCP 68 and summary judgment can be resolved by reconsidering the assumption that Rule 68 operates like a contract. By interpreting Rule 68 as a stipulation and venerating the difference between summary and final judgments, courts can increase certainty in Rule 68’s operation and, hopefully, promote greater use of the Rule as its drafters intended.