In Cahall v. Thomas, read opinion here , the Delaware Supreme Court determined that Rule 68 does not allow for costs to be awarded if an offer of judgment was jointly made to 2 parties without apportioning the amount of the offer between them. The court reasoned that: "Superior Court Civil Rule 68 provides that where a timely offer of judgment is not accepted prior to trial and the ‘judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer.’”

In sum, the court determined that the joint parties should not be required to figure out what amount each would receive from the offer, in order to effectuate the purpose of the rule.