(a) The supreme court shall promulgate rules implementing this chapter. The rules must be limited to settlement offers made under this chapter. The rules must be in effect on January 1, 2004.
(b) The rules promulgated by the supreme court must provide:
(1) the date by which a defendant or defendants must file the declaration required by Section 42.002(c);
(2) the date before which a party may not make a settlement offer;
(3) the date after which a party may not make a settlement offer; and
(4) procedures for:
(A) making an initial settlement offer;
(B) making successive settlement offers;
(C) withdrawing a settlement offer;
(D) accepting a settlement offer;
(E) rejecting a settlement offer; and
(F) modifying the deadline for making, withdrawing, accepting, or rejecting a settlement offer.

Terms Used In Texas Civil Practice and Remedies Code 42.005

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

(c) The rules promulgated by the supreme court must address actions in which there are multiple parties and must provide that if the offering party joins another party or designates a responsible third party after making the settlement offer, the party to whom the settlement offer was made may declare the offer void.
(d) The rules promulgated by the supreme court may:
(1) designate other actions to which the settlement procedure of this chapter does not apply; and
(2) address other matters considered necessary by the supreme court to the implementation of this chapter.

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