In any action, the plaintiff may, within sixty days after being notified by the defendant of the filing of an offer of compromise, file with the clerk of the court a written acceptance of the offer signed by the plaintiff or the plaintiff's attorney agreeing to settle the underlying action for the sum certain specified in the defendant's offer of compromise. Upon the filing of the written acceptance and receipt by the plaintiff of such sum certain, the plaintiff shall file a withdrawal of the action with the clerk of the court and the clerk shall record the withdrawal of the action against the defendant accordingly. No trial may be postponed because the period within which the plaintiff may accept the offer has not expired, except at the discretion of the court.
(1949 Rev., S. 7943; 1959, P.A. 28, S. 111; P.A. 82-160, S. 95; P.A. 05-275, S. 6.)
History: 1959 act deleted provisions for actions before justices of the peace; P.A. 82-160 rephrased the section; P.A. 05-275 increased from 10 days to 60 days the time period for acceptance of the offer, replaced “offer of judgment” with “offer of compromise”, provided that by filing the acceptance the plaintiff was “agreeing to settle the underlying action for the sum certain specified in the defendant's offer of compromise” and replaced “Upon the filing of the written acceptance, the court shall render judgment against the defendant as upon default for the sum so named and for the costs accrued at the time of the defendant's giving the plaintiff notice of the offer” with “Upon the filing of the written acceptance and receipt by the plaintiff of such sum certain, the plaintiff shall file a withdrawal of the action with the clerk of the court and the clerk shall record the withdrawal of the action against the defendant accordingly”, effective October 1, 2005, and applicable to actions accruing on or after that date.
Cited. 163 C. 445; 239 C. 708. Language of section unambiguously provides that written acceptance of a party's offer of judgment against defendant must result in court's rendering judgment against defendant. 258 C. 299.
Cited. 10 CS 166.
Structure Connecticut General Statutes
Chapter 900 - Court Practice and Procedure
Section 52-185. - Bond or recognizance for prosecution.
Section 52-189. - Surety company bond acceptable.
Section 52-190. - Action on probate bond. Endorsement of writ.
Section 52-191. - Precedence of actions in favor of the state.
Section 52-191a. - Precedence of certain actions involving zoning ordinances and regulations.
Section 52-191b. - Precedence of proceedings involving planning commissions.
Section 52-191c. - Precedence of actions involving terminally ill persons.
Section 52-192. - Precedence of other cases in order of trial.
Section 52-192b. - Offers of judgment. Applicability.
Section 52-193. - Offer of compromise by defendant.
Section 52-194. - Acceptance of defendant's offer of compromise.
Section 52-195. - Effect of failure to accept defendant's offer of compromise.
Section 52-195a. (Formerly Sec. 52-256). - Unliquidated damages; tender.
Section 52-195c. - Time period for payment of settlement amount.
Section 52-196. - Motion to continue or postpone.
Section 52-197. - Motion for disclosure. Rules.
Section 52-198. - Disclosure; examination of officer of corporation.
Section 52-199. - Questions which need not be answered. Self-incrimination.
Section 52-200. - Disclosure not conclusive.
Section 52-201. - Action on nonnegotiable instruments; defense. Assignment.
Section 52-203. - Demand for receipt not to vitiate a legal tender.
Section 52-204. - Recovery of expenditures by husband or parent.
Section 52-205. - Court may determine order in which issues shall be tried.
Section 52-206. - Writings; admission of their execution.
Section 52-207. - Defense based on Sunday contract.
Section 52-208. - Reception of evidence objected to as inadmissible.
Section 52-209. - Argument of counsel; time limit.
Section 52-210. - Motion for nonsuit.
Section 52-211. - Refusal to set aside nonsuit; appeal.
Section 52-212. - Opening judgment upon default or nonsuit.
Section 52-212a. - Civil judgment or decree opened or set aside within four months only.
Section 52-215. - Dockets. Jury cases. Court cases.
Section 52-215a. - Jury of six in civil actions.
Section 52-216. - Deciding questions of law and of fact.
Section 52-217. - Violation of statute by minor.
Section 52-218. - Jury may try issues of fact in equitable action.
Section 52-219. - Claim for damages and equitable relief; separate trials.
Section 52-220. - Hearing in damages: When to jury.
Section 52-221. - Hearing in damages: Evidence. Notice.
Section 52-221a. - Hearing in damages: Proof of damages on defendant's failure to appear.
Section 52-222. - Verdict by nine jurors.
Section 52-223. - Jury may be three times returned to consider verdict.
Section 52-224. - Special verdicts. Jury to assess damages.
Section 52-225b. - “Collateral sources” defined.
Section 52-225c. - Recovery of collateral source benefits prohibited.
Section 52-225e. - Notice of settlement in excess of ten thousand dollars by insurer to claimant.
Section 52-225f. - Transfer of structured settlement payment rights prior to October 1, 2003.
Section 52-225g. - Transfer of structured settlement payment rights: Definitions.
Section 52-225h. - Transfer of structured settlement payment rights: Required disclosures to payee.
Section 52-225i. - Transfer of structured settlement payment rights: Approval.
Section 52-225j. - Transfer of structured settlement payment rights: Effect.
Section 52-225k. - Transfer of structured settlement payment rights: Procedure for approval.
Section 52-225l. - Transfer of structured settlement payment rights: General provisions.
Section 52-226. - Trial to the court. Special finding.
Section 52-226a. - Special finding that action or defense without merit and not in good faith.
Section 52-227. - Judgment for or against some of the parties only.
Section 52-228. - Judgment too large; remittitur; correction.
Section 52-228a. - Appeal from order of remittitur or additur.
Section 52-228b. - Setting aside of verdict in action claiming money damages.
Section 52-231. - Facts on which judgments found to appear on record.
Section 52-231a. - Filing of affidavit re other custody proceedings; visitation rights.
Section 52-232. - Judge to file memorandum of decision on demurrer.
Section 52-233. - Certification of statutory appeals taken to a judge.
Section 52-234. - Time for entering of justice appeals.
Section 52-235. - Reservation of questions of law.
Section 52-235a. - Declaratory judgment to determine orders of priorities.
Section 52-235b. - Proceedings stayed if attorney unable to appear.
Section 52-235c. - Referral to alternative dispute resolution program. Stay of proceedings in court.