An offeror who is in breach of rules or orders requiring it to provide information to the offeree during the period an offer of compromise is open may lose the prima facie costs advantage of an unaccepted offer under Rule 26.08(3). The court will consider whether the offeree was deprived of material necessary to properly evaluate the offer. Where a plaintiff succeeds on one of two discrete causes of action, the costs order may be apportioned to reflect the failure on the unsuccessful claim, even where an order otherwise is made.
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