2005 Connecticut Code - Sec. 52-192a. Offer of judgment by plaintiff. Acceptance by defendant. Computation of interest.

      Sec. 52-192a. Offer of judgment by plaintiff. Acceptance by defendant. Computation of interest. (a) After commencement of any civil action based upon contract or seeking the recovery of money damages, whether or not other relief is sought, the plaintiff may, not later than thirty days before trial, file with the clerk of the court a written "offer of judgment" signed by the plaintiff or the plaintiff's attorney, directed to the defendant or the defendant's attorney, offering to settle the claim underlying the action and to stipulate to a judgment for a sum certain. The plaintiff shall give notice of the offer of settlement to the defendant's attorney or, if the defendant is not represented by an attorney, to the defendant himself or herself. Within sixty days after being notified of the filing of the "offer of judgment" and prior to the rendering of a verdict by the jury or an award by the court, the defendant or the defendant's attorney may file with the clerk of the court a written "acceptance of offer of judgment" agreeing to a stipulation for judgment as contained in plaintiff's "offer of judgment". Upon such filing, the clerk shall enter judgment immediately on the stipulation. If the "offer of judgment" is not accepted within sixty days and prior to the rendering of a verdict by the jury or an award by the court, the "offer of judgment" shall be considered rejected and not subject to acceptance unless refiled. Any such "offer of judgment" and any "acceptance of offer of judgment" shall be included by the clerk in the record of the case.

      (b) After trial the court shall examine the record to determine whether the plaintiff made an "offer of judgment" which the defendant failed to accept. If the court ascertains from the record that the plaintiff has recovered an amount equal to or greater than the sum certain stated in the plaintiff's "offer of judgment", the court shall add to the amount so recovered twelve per cent annual interest on said amount, computed from the date such offer was filed in actions commenced before October 1, 1981. In those actions commenced on or after October 1, 1981, the interest shall be computed from the date the complaint in the civil action was filed with the court if the "offer of judgment" was filed not later than eighteen months from the filing of such complaint. If such offer was filed later than eighteen months from the date of filing of the complaint, the interest shall be computed from the date the "offer of judgment" was filed. The court may award reasonable attorney's fees in an amount not to exceed three hundred fifty dollars, and shall render judgment accordingly. This section shall not be interpreted to abrogate the contractual rights of any party concerning the recovery of attorney's fees in accordance with the provisions of any written contract between the parties to the action.

      (P.A. 76-316, S. 2; P.A. 77-269, S. 1, 2; P.A. 79-60; 79-250, S. 1; P.A. 81-315, S. 3; P.A. 82-160, S. 94; 82-228; P.A. 83-295, S. 9; P.A. 92-110, S. 1; P.A. 94-20; P.A. 01-71, S. 1.)

      History: P.A. 77-269 amended Subsec. (c) to specify that provisions apply to "all claims, except claims which were assigned for trial on or before October 1, 1976" rather than to claims "accruing after October 1, 1976"; P.A. 79-60 raised annual interest on offer of judgment from six to twelve per cent in Subsec. (b); P.A. 79-250 authorized court to award attorney's fees not exceeding three hundred and fifty dollars and specified that provisions do not abrogate contractual rights concerning recovery of attorney's fees in Subsec. (b); P.A. 81-315 amended provisions in Subsec. (b) concerning computation of interest on judgments in actions commenced on or after October 1, 1981; P.A. 82-160 made minor technical changes to Subsecs. (a) and (b) and deleted Subsec. (c) which had provided "This section shall apply to all claims, except claims which were assigned for trial on or before October 1, 1976"; P.A. 82-228 amended Subsec. (a) by deleting the provision allowing a plaintiff to file a new offer of judgment after rejection and to continue to file offers up until trial, and amended Subsec. (b) by providing that interest is to be computed on the amount of the verdict rather than on the amount "contained in such offer" and by deleting a provision concerning what constituted the largest offer of judgment for purposes of computing interest; P.A. 83-295 amended Subsec. (b) by providing that interest is to be computed on and added to the "amount so recovered" rather than the "verdict"; P.A. 92-110 amended Subsec. (a) to authorize a plaintiff to file an offer of judgment in any civil action "seeking the recovery of money damages, whether or not other relief is sought" rather than in any civil action "for the recovery of money only"; P.A. 94-20 amended Subsec. (a) to require an offer of judgment to be accepted prior to the rendering of a verdict by the jury or an award by the court; P.A. 01-71 amended Subsec. (a) to require an offer of judgment to be filed not later than thirty days before trial and increase from thirty to sixty days the time period for filing an acceptance of the offer of judgment and made technical changes throughout section for purposes of gender neutrality.

      In the context of the statute, reference to "verdict" incorporates a recovery awarded by the court. Prejudgment and postjudgment interest discussed with reference to Sec. 37-3a. 192 C. 301-310. Does not apply to state; sovereign immunity not expressly waived. 205 C. 542, 544, 556, 558, 559. Cited. 206 C. 100-102. Is applicable to court as well as jury trials. 208 C. 82, 91, 93. Cited. 211 C. 648, 652, 653. Cited. 225 C. 146, 150, 154, 162, 163. Cited. 227 C. 914, 915. Cited. 228 C. 206, 208, 213, 230. Cited. 229 C. 525-528. Cited. 231 C. 745, 749. Cited. 234 C. 169, 170, 174, 175, 179, 181, 182. Cited. 239 C. 144. Cited. Id., 708. Cited. Id., 769. Cited. Id., 802. Cited. 240 C. 49. Cited. Id., 287. Cited. Id., 799. Cited. 241 C. 319. Statute permits plaintiff to offer only one offer of judgment as to each defendant. 249 C. 339. Since intent of statute is to promote settlement and preserve judicial resources, contractual policy limitations on damages have no effect on this section and its mandatory punitive provisions cannot be avoided. 256 C. 667. Relevant figure for determining whether to award interest under statute is amount of the jury verdict, not amount of the postapportionment judgment rendered pursuant to Sec. 31-293. 264 C. 314.

      Cited. 3 CA 111, 117. Cited. Id., 570, 573, 574. Cited. 8 CA 254, 255, 261, 267, 269. Cited. 13 CA 712, 719. Cited. 21 CA 366, 367, 369. Cited. Id., 549-556. Imposes penalty for wasting Connecticut judicial resources; court "will not permit defendant to avoid consequences of his decision to ignore plaintiff's offer of judgment merely because his contract obligations were made in another state." 22 CA 640, 648, 650-656. Cited. 25 CA 67, 77, 78, 82. Cited. 26 CA 231, 234, 239. Cited. Id., 322, 325, 326. Cited. 30 CA 664, 667. Cited. 31 CA 806-809, 811-816. Cited. 32 CA 118, 122. Cited. 33 CA 662-664. Cited. Id., 842, 844. Cited. 35 CA 504, 506. Cited. 36 CA 653, 656. Cited. 38 CA 685, 687, 701-704. Cited. 42 CA 239. Cited. Id., 712. Cited. 43 CA 645. Cited. 44 CA 154. Cited. 45 CA 165. Cited. Id., 543. Cited. 46 CA 37. Nothing in Subsec. (a) or (b) indicates that the offer of judgment must not include interest pursuant to Sec. 37-3a. 67 CA 100. Court correctly interpreted language of section in this unique case to hold that amended complaint became equivalent of original complaint for purposes of calculation of interest. 81 CA 419.

      Subsec. (a):

      Cited. 192 C. 301, 305. Cited. 234 C. 169, 180. Cited. 239 C. 708.

      Cited. 3 CA 570, 571. Cited. 31 CA 806, 814. Cited. 44 CA 154. Although the required attorney's signature on an offer of judgment was inscribed by the attorney's law partner with attorney's permission, the document is in substantial compliance with the law and such irregularity does not disadvantage defendant. 68 CA 596.

      Subsec. (b):

      Cited. 188 C. 213, 222-224. Cited. 192 C. 301, 305, 306. Cited. 208 C. 82-85, 87, 90, 92, 93. Cited. 211 C. 648, 650, 652. Cited. 234 C. 169, 179, 180. Cited. 239 C. 708. Cited. Id., 769. Requirements, purpose, de novo review, and application to unified offers of judgment. 245 C. 1.

      Cited. 3 CA 570-572, 574, 575. Cited. 8 CA 254, 267-271. Cited. 21 CA 366, 369. Cited. Id., 549, 554, 555. Cited. 31 CA 806, 810, 812, 814. Cited. 33 CA 662, 663. Cited. 38 CA 685, 686, 702-704. Cited. 43 CA 645. Cited. 44 CA 154. Trial court exceeded statutory authority by trebling award of attorney's fees. 47 CA 517.