Section 52-194 – Acceptance of defendant’s offer of compromise

May 11, 2021 | Civil Procedure, Connecticut

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.

Conn. Gen. Stat. ยง 52-194

(1949 Rev., S. 7943; 1959, P.A. 28, S. 111; P.A. 82-160, S. 95; P.A. 05-275, S. 6.)

Cited. 163 Conn. 445; 239 Conn. 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 Conn.Supp. 166.