S.B. 212
         JUDICIAL CODE AMENDMENTS

Senate Floor Amendments

Amendment 3 March 6, 2013 3:39 PM



Senator Stephen H. Urquhart proposes the following amendments:

1.    Page 2, Lines 30 through 39 :    

             30          (2)
{   It   }        The plaintiff is entitled to recover any claimed interest on special damages actually incurred only if, no later than 30 days prior to the commencement of trial, the plaintiff extends to the defendant a written offer of settlement and that offer is not more than the total amount of damages awarded at trial against that defendant, after adjustment for any determinations of comparative fault, additur, remittitur, set-off, or credit.

    (3) If the conditions in Subsection (2) are satisfied, it  
is the duty of the court, in entering judgment for plaintiff in that action, to add to

             31      the amount of special damages actually incurred that are assessed by the verdict of the jury, or
             32      found by the court, prejudgment interest on that amount [calculated at 7.5% simple interest per
             33      annum, from the date of the occurrence of the act giving rise to the cause of action to the date
             34      of entering the judgment,] and to include it in that judgment. The court shall calculate
             35      prejudgement interest using a per annum rate, which is one percentage point above the prime
             36      rate, as published by the board of governors of the federal reserve system on the first business
             37      day in January of the calendar year in which the judgment is entered,
{   and   }        although the prejudgment interest applied may not be above 10% nor below 5%. The prejudgment interest       shall be computed as

             38      simple interest accruing during the period from the date
{   90 days after commencement of the

             39      lawsuit  
}
  that the written offer of settlement was extended       to the date        of       entering the judgment.


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