January 26, 2000

Senator Donald E. Williams, Jr.
Representative Michael P. Lawlor
Co-Chairs, Judiciary Committee
Room 2500
Legislative Office Building
Hartford, Connecticut 06106

Re: Report Concerning Offers of Judgment

Dear Senator Williams and Representative Lawler,

By letter dated May 13, 1999, you requested that the Law Revision Commission review the laws concerning offers of judgment with an eye to recommendations to improve the effectiveness of that process. The Commission reviewed that issue and sought comment from the plaintiff’s and defendant’s bar and from the judiciary. The Commission’s report is enclosed. The Commission found that procedures that might improve the effectiveness of the process, such as increasing penalties and mandating offers, would at best have only a marginal impact and, primarily because of their chilling effect on the rights of parties to litigate, were unsupported by the participants in the litigation process. Because of the way in which cases are prepared and litigated, no jurisdiction has crafted an offer of judgment process that effectively reduces court dockets or moves cases. More technical concerns are also reported on.

If you have any questions or further directions on this matter, please give me a call.

Very truly yours,

/S/

David D. Biklen

cc: Representative Arthur J. O’Neill, Chairman

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Report Concerning Offers of Judgment