Representative Arthur J. O'Neill, Chairman
William R. Breetz
Representative Robert Farr
Jon P. Fitzgerald
Robert W. Grant
Representative Michael P. Lawlor
Michael W. Lyons
Mary Anne O'Neill
Joel I. Rudikoff
Edmund F. Schmidt
Joseph J. Selinger, Jr.
Judge Elliot N. Solomon
Professor Colin C. Tait
Professor Terry J. Tondro
I. Milton Widem
Senator Donald E. Williams, Jr.

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David D. Biklen
Executive Director

David L. Hemond
Chief Attorney

Jo A. Roberts
Senior Attorney

Connecticut Law Revision Commission
State Capitol
Room 509A
Hartford, Connecticut 06106-1591
(860) 240-0220
FAX (860) 240-0322
Email: lrc@po.state.ct.us

January 26, 2000

Senator Donald E. Williams, Jr.
Representative Michael P. Lawlor
Co-Chairs, Judiciary Committee
Room 2500
Legislative Office Building
Hartford, Connecticut 06106

Re: Report Concerning Offers of Judgment

Dear Senator Williams and Representative Lawler,

By letter dated May 13, 1999, you requested that the Law Revision Commission review the laws concerning offers of judgment with an eye to recommendations to improve the effectiveness of that process. The Commission reviewed that issue and sought comment from the plaintiff’s and defendant’s bar and from the judiciary. The Commission’s report is enclosed. The Commission found that procedures that might improve the effectiveness of the process, such as increasing penalties and mandating offers, would at best have only a marginal impact and, primarily because of their chilling effect on the rights of parties to litigate, were unsupported by the participants in the litigation process. Because of the way in which cases are prepared and litigated, no jurisdiction has crafted an offer of judgment process that effectively reduces court dockets or moves cases. More technical concerns are also reported on.

If you have any questions or further directions on this matter, please give me a call.

Very truly yours,

/S/

David D. Biklen

cc: Representative Arthur J. O’Neill, Chairman


Report Concerning Offers of Judgment