If the defendant, at any time before the trial, offer in writing to allow judgment
to be taken against him or her for a specified sum, the plaintiff may immediately
have judgment therefor, with costs then accrued; but if he or she do not accept such
offer before the trial, and fail to recover on the trial of the action, a sum greater
than the offer, such plaintiff shall not recover any costs that may accrue after he
or she shall have been notified of the offer of the defendant, but such costs shall
be adjudged against him or her, and if he or she recover, deducted from his or her
recovery. But the offer and failure to accept it, shall not be given in evidence to affect
the recovery, otherwise than as to costs, as above provided.
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