In any action on contract, or seeking the recovery of money damages, whether or not other relief is sought, the defendant may, not later than thirty days before trial, file with the clerk of the court a written offer of compromise signed by the defendant or the defendant's attorney, directed to the plaintiff or the plaintiff's attorney, offering to settle the claim underlying the action for a sum certain.
(1949 Rev., S. 7942; 1959, P.A. 28, S. 175; P.A. 92-110, S. 2; P.A. 01-71, S. 2; P.A. 05-275, S. 5.)
History: 1959 act deleted reference to actions before justices of the peace; P.A. 92-110 authorized the defendant to file an offer of judgment in any action “seeking the recovery of money damages, whether or not other relief is sought” rather than in any action “for the recovery of money only”; P.A. 01-71 required an offer of judgment to be filed not later than 30 days before trial and made technical changes for purposes of gender neutrality; P.A. 05-275 authorized the filing of “a written offer of compromise” that would offer “to settle the claim underlying the action for a sum certain” rather than “a written notice” that would offer “to allow the plaintiff to take judgment for the sum named in such notice”, effective October 1, 2005, and applicable to actions accruing on or after that date.
Not applicable to foreclosure suits. 27 C. 146. Statute construed. 33 C. 217. Cited. 163 C. 445; 192 C. 301; 239 C. 708.
Cited. 17 CA 219.
Cited. 10 CS 166.
Notes of Decisions
Wallerstein v. Stew Leonard's Dairy, 780 A.2d 916 (Conn. 2001).
· cites it 11× “The dispositive issue in this products liability case is whether, after the defendant, Stew Leonard’s Dairy, had made an offer of judgment pursuant to General Statutes § 52-193 1 and the plaintiff, Steven Wallerstein, had accepted the offer pursuant to General Statutes § 52-194,…”
Blakeslee Arpaia Chapman, Inc. v. EI Constructors, Inc., 687 A.2d 506 (Conn. 1997).
· cites it 4× “e by one plaintiff to multiple defendants a valid offer of judgment under General Statutes § 52-192a and Practice Book § § 345-350?; (2) Is a single offer of judgment made by several plaintiffs *714 to one defendant a valid offer of judgment under General Statutes § 52-192a and…”
Krawiec v. Kraft, 311 A.2d 82 (Conn. 1972).
· cites it 6× “almost verbatim, General Statutes §§ 52-193, 52-194 and 52-195.”
Birmingham v. Kielczewski, 551 A.2d 1260 (Conn. App. Ct. 1988).
· cites it 11× “1 *220 This appeal involves consideration of General Statutes § 52-193 2 and Practice Book § 342, 3 both of which govern an offer of judgment by a defendant.”
Dilieto v. Cnty. Obstetrics & Gynecology Grp., P.C., 998 A.2d 730 (Conn. 2010).
“Indeed, after Daly was substituted as the plaintiff, the defendants themselves could have filed an offer of judgment at any time prior to the commencement of trial for the purpose of settling Daly’s claims against them, thereby avoiding the imposition of interest against them…”
Martin v. Todd Arthurs Co., 225 Conn. App. 844 (Conn. App. Ct. 2024).
· cites it 5× “ecause the [defendant challenges] the trial court’s legal conclu- sion that the [settlement] agreement was summarily enforceable, we must determine whether that conclu- sion is legally and logically correct and whether [it finds] support in the facts set out in the memorandum of…”
Murphy v. Marmon Grp., Inc., 562 F. Supp. 856 (D. Conn. 1983).
· cites it 2× “1981) (Tower “puts the plaintiff in an unfair position since an offer of judgment by the defendant is not limited to jury trials”). Consistent with the statutory intent, paragraph (a) authorizes a plaintiff to file an offer of judgment prior to the trial of “any civil action…”
Kendall v. Comm'r of Corr. (Conn. App. Ct. 2015).
· cites it 6× “’’ General Statutes § 52-193. 11 The language of § 52-470 (a) existed in materially the same format prior to the enactment of the current language of § 52-80.”
Garcia v. Law Offices Howard Lee Schiff, P.C. (D. Conn. 2019).
· cites it 2× “00, to plaintiff by defendant, which sum includes any claims for damages, attorney’s fees, costs or expenses, incurred by the plaintiff herein, on the following terms and conditions: said offer of compromise, if accepted, shall dispose of all the claims herein by th eplaintiff…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.