What action should a defendant take to recover costs if the plaintiff does not accept a reasonable settlement offer before trial?

The process for a defendant to recover costs in Louisiana civil procedure hinges on the ability to present a reasonable settlement offer to the plaintiff. By making a written offer at least 30 days prior to trial, the defendant establishes a formal and documented proposal for settlement, which is a significant step that can lead to the recovery of costs.

In Louisiana, if the plaintiff declines a reasonable written settlement offer and subsequently does not obtain a judgment greater than the offer, the defendant may be entitled to recover costs incurred after the offer was made. This provision encourages parties to settle disputes before trial and discourages plaintiffs from rejecting reasonable offers without good reason.

The timing of the offer is crucial; it must be made at least 30 days before the trial to allow the plaintiff sufficient time to consider it. If the offer is ignored or rejected, the defendant positions themselves to argue for cost recovery if the trial outcome does not favor the plaintiff significantly. This reinforces the incentive for both parties to engage in good faith negotiations.

The other options presented do not effectively meet the requirements for recovering costs in this scenario. Simply filing a motion to dismiss does not address the issue of costs related to a settlement offer. Requesting a jury trial does not have a direct impact on cost recovery in this context