2005 Connecticut Code - Sec. 52-195. Effect of failure to accept defendant\'s offer. Costs.

      Sec. 52-195. Effect of failure to accept defendant's offer. Costs. (a) If the plaintiff does not, within the time allowed for acceptance of the offer of judgment and before the commencement of the trial, file his notice of acceptance, the offer shall be deemed to be withdrawn and shall not be given in evidence.

      (b) Unless the plaintiff recovers more than the sum named in the offer of judgment, with interest from its date, he shall recover no costs accruing after he received notice of the filing of such offer, but shall pay the defendant's costs accruing after he received notice. Such costs may include reasonable attorney's fees in an amount not to exceed three hundred fifty dollars.

      (c) 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. The provisions of this section shall not apply to cases in which nominal damages have been assessed upon a hearing after a default or after a demurrer has been overruled.

      (1949 Rev., S. 7944; P.A. 79-250, S. 2; P.A. 82-160, S. 96.)

      History: P.A. 79-250 specified that costs may include attorney's fees not exceeding three hundred fifty dollars and that provisions do not abrogate contractual rights re recovery of attorney's fees; P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      See note to Sec. 52-193.

      Cited. 163 C. 445. The phrase which states "such costs may include reasonable attorney's fees" modifies only the term "defendants costs" in the immediately preceding clause of the statute. 188 C. 213, 216-219, 223-225. Cited. 239 C. 708.

      Cited. 8 CA 254, 267, 271.

      Cited. 10 CS 166. Reasonableness of offer of judgment discussed. 39 CS 467, 469.

      Subsec. (b):

      Cited. 239 C. 708.

      Cited. 8 CA 254, 270.