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Introduced Version Senate Bill 180 History

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SB180 intr Senate Bill No. 180
(By Senator Caruth)
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[Introduced January 13, 2010; referred to the Committee on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §56-5A-1 and §56-5A-2, all relating to trials; pleading and practice; and providing a statutory procedure for an offer of judgment prior to trial and assessment of costs in certain situations.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §56-5A-1 and §56-5A-2, all to read as follows:
ARTICLE 5A. OFFER OF JUDGMENT.
§56-5A-1. Offer of judgment before trial.
Notwithstanding any other provision of law to the contrary, prior to the trial of any action for damages, the defending party may offer to allow judgment be taken against the defendant.
§56-5A-2. Procedure after offer of judgment.
(a) In order to encourage settlements between parties and penalize parties who refuse to accept good faith offers to settle cases, when an offer is not accepted in full satisfaction of the claim, an offer of judgment is considered withdrawn and may not be disclosed to the jury. Evidence of an offer of judgment is not admissible except in a proceeding to determine costs.
(b) If a final judgment is reached that is not at least twenty-five percent more favorable than the offer of judgment, the party refusing the offer of judgment is liable to the other party or parties for all costs incurred in prosecuting the claim that arose after the offer of judgment. If a final judgment is reached that is at least twenty-five percent more favorable than the offer of judgment, the party making the offer of judgment is liable to the other party or parties for all costs incurred in prosecuting the claim that arose after the offer of judgment. Refusal to accept an offer of judgment, or acceptance of an offer of judgment as part payment of the amount claimed, does not preclude a subsequent offer of judgment.

NOTE: The purpose of this bill is to provide a statutory procedure for an offer of judgment prior to trial and assessment of costs in certain situations in order to encourage settlements between parties and penalize parties who refuse to accept good faith offers to settle cases.

This article is new; therefore, strike-throughs and underscoring have been omitted.