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.
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