COURT PROCEDURE;

JUDICIAL PROCEDURE;

You asked for a summary of the law on offers of judgment.

SUMMARY

The plaintiff or defendant in a lawsuit seeking money damages can file an offer of judgment with the court clerk. An offer of judgment offers to settle the claim for a certain amount. Either party can file an offer until 30 days before trial. The opposing party has a certain amount of time to accept the offer or it is considered withdrawn. If the opposing party accepts the offer, the court enters judgment for the amount in the offer. The failure to accept an offer can have certain consequences after a case reaches a verdict (CGS § 52-192a et seq. ).

PLAINTIFF’S OFFER

1. The plaintiff can make an offer of judgment until 30 days before trial.

2. The defendant has 60 days, but before there is a jury verdict or court award, to accept the offer. If he accepts, the court enters judgment for the amount in the offer of judgment.

3. If the defendant does not accept and the court later awards the plaintiff at least as much as the amount stated in the offer, the court (a) must add 12% annual interest to the amount computed from the date of filing the offer or filing the complaint, if the offer was filed within 18 months of filing the complaint and (b) can award reasonable attorneys’ fees up to $ 350 (a written contract between the parties can provide other rights).

DEFENDANT’S OFFER

1. The defendant can make an offer of judgment until 30 days before trial.

2. The plaintiff has 10 days to accept the offer. If he accepts, the court enters judgment for the amount in the offer and the costs accrued up until the plaintiff received notice of the offer.

3. If a plaintiff wins an amount less than the amount offered to settle the case in the offer of judgment, the plaintiff cannot recover costs accrued after receiving the offer and he must pay the defendant’s costs accruing after that date (costs can include reasonable attorneys’ fees up to $ 350 but a written contract between the parties can provide other rights).

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