Conn. Gen. Stat. § 52-225 — Connecticut Code / Title 52 / Chapter 900 / Section 52-225
Sec. 52-225. Judgment on verdict; assessment of damages when judgment rendered other than on verdict.
Status: in_force

Assessment of damages in U.S. courts should follow practice of the state courts. 43 C. 599. Default admits the right of plaintiff to nominal damages only. 44 C. 501; 45 C. 58; 53 C. 193; Id., 474. Long before 1818, damages were assessed by the court upon a default or demurrer overruled. 53 C. 2. Applies to all cases where judgment is rendered otherwise than on a verdict. 57 C. 585. Cited. 63 C. 266. Assessment on alternative finding is erroneous. 71 C. 452; 72 C. 624. When motion for judgment non obstante veredicto lies; not for variance. 91 C. 249. Judgments non obstante veredicto reviewed. 131 C. 622. Unless verdict is set aside, interest runs from date of verdict. 145 C. 74. Rule as to setting aside of verdict as against the evidence, reviewed. 146 C. 658, 705; 147 C. 18, 109. If a jury's final decision is unintelligible and inconsistent, a motion to set aside the verdict should be granted; motion to reassemble the jury and, or in the alternative, to correct the verdict should be denied. Id., 72. While a memorandum of decision is not required on denial of a motion to set aside the verdict, but only the granting of it, it is sound practice, where the motion is not frivolous, to set forth in a memorandum the basic reasons why the motion is denied. Id., 566. Trial court correct in setting aside verdict and in granting motion for judgment notwithstanding verdict as plaintiff did not establish a breach of duty by defendant. Id., 708. Time within which motions in arrest of judgment must be filed. 148 C. 57. Setting aside verdict by trial judge for error in instructions to jury (here, failure to explain meaning of “rebuttable presumption”) should be exercised with great caution and only where judge is satisfied error is unmistakable and unquestionably harmful. 155 C. 220. Plaintiff filed motion to set aside verdict of jury for defendant; trial court, 22 months thereafter having neither decided motion nor entered judgment, ordered to forthwith grant or deny motion. 159 C. 605. Cited. 225 C. 420; 231 C. 77.

Verdict of jury should not be set aside lightly. 21 CS 28. Court refused to set aside verdict where evidence on issue of contributory negligence was close. Id., 282. Cited. 29 CA 484; 38 CA 685.

Cited. 3 Conn. Cir. Ct. 82. Where defendant did not move to set aside verdict, appeal court cannot decide whether jury erred in concluding defendant was guilty. 5 Conn. Cir. Ct. 334.
Conn. Gen. Stat. § 52-278g — Connecticut Code / Title 52 / Chapter 903a / Section 52-278g
Sec. 52-278g. Motion to preserve existing prejudgment remedies.
Status: in_force

Dissolution of attachments is limited to causes provided for by statute; section does not require dissolution of preexisting attachments, and is read as permitting validation of preexisting attachments. 168 C. 41. Cited. 176 C. 432; 181 C. 42; Id., 524; 184 C. 85; 188 C. 69; 208 C. 13; 222 C. 361.

Cited. 6 CA 591; 14 CA 579; 28 CA 809; 32 CA 118.

Notice sufficient to satisfy due process requirements involved in a prejudgment attachment is provided for in Sec. 52-278g. 32 CS 13. Cited. 38 CS 98.
Conn. Gen. Stat. § 52-184d — Connecticut Code / Title 52 / Chapter 899 / Section 52-184d
Sec. 52-184d. Inadmissibility of apology made by health care provider to alleged victim of unanticipated outcome of medical care.
Status: in_force

(1) “Health care provider” means a provider, as defined in subsection (b) of section 20-7b , or an institution, as defined in section 19a-490 , and includes a health care institution or facility operated by the state;

(2) “Relative” means a victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister or spouse's parents, and includes such relationships that are created as a result of adoption and any person who has a family-type relationship with a victim;

(3) “Representative” means a legal guardian, attorney, health care representative or any person recognized in law or custom as a patient's agent; and

(4) “Unanticipated outcome” means the outcome of a medical treatment or procedure that differs from an expected result.

(b) In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion or a general sense of benevolence that are made by a health care provider or an employee of a health care provider to the alleged victim, a relative of the alleged victim or a representative of the alleged victim and that relate to the discomfort, pain, suffering, injury or death of the alleged victim as a result of the unanticipated outcome of medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest.
Conn. Gen. Stat. § 52-226a — Connecticut Code / Title 52 / Chapter 900 / Section 52-226a
Sec. 52-226a. Special finding that action or defense without merit and not in good faith.
Status: in_force

Cited. 214 C. 1.

Cited. 44 CA 641.

Cited. 41 CS 169.
Conn. Gen. Stat. § 52-120 — Connecticut Code / Title 52 / Chapter 898 / Section 52-120
Sec. 52-120. Pleading filed by consent after expiration of time.
Status: in_force

(b) Upon the filing of the written consent and the pleading or amendment with the clerk of the court, the pleading or amendment shall become in all respects a proper pleading for the consideration of the court, as though filed within the time prescribed by the rules of court.

Cited. 8 CS 510.
Conn. Gen. Stat. § 52-278f — Connecticut Code / Title 52 / Chapter 903a / Section 52-278f
Sec. 52-278f. Issuance of prejudgment remedy when defendant in commercial transaction has waived notice and hearing.
Status: in_force

Cited. 172 C. 577; 176 C. 432; 181 C. 524; 184 C. 85; 188 C. 69; 208 C. 13; 222 C. 361; 226 C. 773; 238 C. 778.

Cited. 14 CA 579; 28 CA 809; 29 CA 48; 32 CA 118; 42 CA 763; 46 CA 399.

Cited. 38 CS 98.
Conn. Gen. Stat. § 52-557u — Connecticut Code / Title 52 / Chapter 925 / Section 52-557u
Sec. 52-557u. Entering the passenger motor vehicle of another to remove child or animal from vehicle. Affirmative defense against civil damages and criminal penalties, when.
Status: in_force

(1) Has a reasonable belief, at the time such person enters the passenger motor vehicle, that such entry is necessary to remove the child or animal from imminent danger of serious bodily injury;

(2) Uses no more force than reasonably necessary under the circumstances to enter the passenger motor vehicle to remove the child or animal from imminent danger of serious bodily injury based upon the circumstances known by such person at the time;

(3) Reports the entry and the circumstances surrounding such entry to a law enforcement agency or other public safety agency within a reasonable period of time after entering the passenger motor vehicle; and

(4) Takes reasonable steps to ensure the safety, health and well-being of the child or animal after removing the child or animal from the passenger motor vehicle.

(b) The affirmative defense provided in subsection (a) of this section shall not apply to acts or omissions constituting gross, wilful or wanton negligence.

(c) Nothing in this section shall affect a person's civil liability if the person attempts to render aid to the child or animal in addition to the aid that is authorized under this section.

(d) The provisions of this section are not exclusive, and the affirmative defense shall be in addition to any other defenses or immunities provided by state or federal law or which are available under common law.

(e) As used in this section, “passenger motor vehicle” has the same meaning as provided in section 14-1 and “public safety agency” has the same meaning as provided in section 28-25 .
Conn. Gen. Stat. § 52-235b — Connecticut Code / Title 52 / Chapter 900 / Section 52-235b
Sec. 52-235b. Proceedings stayed if attorney unable to appear.
Status: in_force

Phrase “otherwise disabled” applies to an attorney who, in respects or circumstances other than physical or mental incapacity, is rendered incapable of appearing in court, therefore, defendant's counsel who was in the process of being disbarred and required to attend his own suspension hearing on same day as the hearing on plaintiff's motion was “otherwise disabled”. 52 CA 69.
Conn. Gen. Stat. § 52-207 — Connecticut Code / Title 52 / Chapter 900 / Section 52-207
Sec. 52-207. Defense based on Sunday contract.
Status: in_force

See Sec. 53-300a re validity of Sunday real estate contracts.

Cited. 66 C. 275. Defendant must pay the reasonable value or agreed price, where a return of the identical consideration is practically impossible. 73 C. 624. Court should instruct jury as to whether certain date is Sunday. 81 C. 490. That contract was made on Sunday should be pleaded. 85 C. 635. In action by assignee to enforce bond for deed, defendant who received nothing as result of assignment may defend on ground it was made on Sunday. 133 C. 649. Cited. 155 C. 55; 177 C. 304.

Cited. 14 CS 407. Sunday contract not demurrable if there is nothing to indicate that deposit allegedly accepted by defendant has been returned. 20 CS 443.
Conn. Gen. Stat. § 52-503g — Connecticut Code / Title 52 / Chapter 919 / Section 52-503g
Sec. 52-503g. Definitions.
Status: in_force

(1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual;

(2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant;

(3) “Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual;

(4) “Determination of value” means a court order (A) determining the fair market value of heirs' property under section 52-503k or 52-503o , or (B) adopting the valuation of the property agreed to by all cotenants;

(5) “Heirs' property” means real property held in tenancy in common which satisfies all of the following requirements as of the date of filing a partition action:

(A) There is no agreement in a record binding all the cotenants which governs the partition of the property;

(B) One or more of the cotenants acquired title from a relative, whether living or deceased; and

(C) Any of the following apply:

(i) Twenty per cent or more of the interests are held by cotenants who are relatives;

(ii) Twenty per cent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

(iii) Twenty per cent or more of the cotenants are relatives;

(6) “Partition by sale” means a court-ordered sale of the entire heirs' property, whether by auction, sealed bids, or open-market sale conducted under section 52-503o ;

(7) “Partition in kind” means the division of heirs' property into physically distinct and separately titled parcels;

(8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(9) “Relative” means an ascendant, descendant or collateral or an individual otherwise related to another individual by blood, marriage, adoption or law of this state other than the provisions of sections 52-503f to 52-503r , inclusive.
Conn. Gen. Stat. § 52-406 — Connecticut Code / Title 52 / Chapter 908 / Section 52-406
Sec. 52-406. Submission of agreed case.
Status: in_force

See Sec. 52-254 re equal sharing of costs in amicable suit.

Provisions of statute must be strictly followed. 68 C. 214. Questionable whether certain differences fall within operation of statute. Id., 332. Cited. 171 C. 463; 175 C. 586; 180 C. 474.

Cited. 17 CS 235.
Conn. Gen. Stat. § 52-481 — Connecticut Code / Title 52 / Chapter 916 / Section 52-481
Sec. 52-481. Abatement of manufacturer's nuisance. Temporary injunction.
Status: in_force

(b) Each complaint shall be heard at the first session of the court or promptly thereafter unless continued for cause. A continuance may be granted upon such conditions and with such provision for temporary relief as the court orders.

(c) If, after hearing, the court is of the opinion that the plaintiffs are entitled to relief, it may make such order for the discontinuance or abatement of the nuisance, or for regulating the manner of conducting the business, as it finds to be necessary. If it appears that any such order is ineffectual to abate the nuisance or if it appears that the order is disobeyed or evaded, the court, upon such notice as it directs, may make such further order and provision for the enforcement of the original order or decree as may be deemed necessary.

(d) The Superior Court, or any judge thereof when the court is not in session, may, upon complaint, issue a temporary injunction against the continuance of any such nuisance until a final hearing may be had. If it is impracticable to stay the continuance of a nuisance by a temporary injunction or if the injunction is disobeyed or evaded, the court or judge may make and enforce such temporary order for the discontinuance of the nuisance until a final hearing, as may be deemed necessary.

(e) At least twenty-four hours' notice in writing of the time and place of making such a motion for temporary injunction shall be given to the defendants or some of them, if they are known and can be found in this state, and, if not, shall be left with the person in charge of the premises, if such person can be found.

See Sec. 52-253 re costs in suits against manufacturers for nuisance.

What constitutes a nuisance of this character. 21 C. 218; 33 C. 121; 39 C. 426, 493; 100 C. 667. Petition must aver that petitioner is aggrieved. 39 C. 427. Effect upon complainant's family material question. 71 C. 647. No injunction against production of castor oil where court found no substantial violation of plaintiff's rights and use of defendant's plant was not unreasonable. 130 C. 485. History discussed; section does not give an exclusive remedy to the Superior Court in an action of nuisance; a statute creating a new remedy for an existing right does not preclude the use of existing common law remedies. 153 C. 661.

Statute is codification of existing law; it indirectly recognizes the doctrine of balancing conveniences. 11 CS 93. Persons of ordinary health and sensitiveness are to be considered in the determination of the existence of a nuisance. 22 CS 381.
Conn. Gen. Stat. § 52-235a — Connecticut Code / Title 52 / Chapter 900 / Section 52-235a
Sec. 52-235a. Declaratory judgment to determine orders of priorities.
Status: in_force

Cited. 186 C. 329; 205 C. 604.
Conn. Gen. Stat. § 52-278d — Connecticut Code / Title 52 / Chapter 903a / Section 52-278d
Sec. 52-278d. Hearing on prejudgment remedy application. Determination by the court. Service of process. Stay of order. Posting of bond by plaintiff.
Status: in_force

(b) The clerk, upon the granting of the application for prejudgment remedy, shall deliver to the applicant's attorney the proposed writ, summons and complaint for service of process. If the court does not grant the application for any reason, including the failure of the plaintiff to serve the defendant, only a summons and complaint may be issued and served. In either event, the plaintiff may alter the return date of the writ, summons and complaint or the summons and complaint, as the case may be. No additional entry fee shall be collected upon the return of such action to court unless the prejudgment remedy or application for such prejudgment remedy was dismissed or withdrawn pursuant to the provisions of section 52-278j .

(c) If an application for a prejudgment remedy is granted and the defendant moves the court for a stay, the court may, if it determines justice so requires, stay such order if the defendant posts a bond, with surety, in a sum determined by such judge to be sufficient to indemnify the adverse party for any damage which may accrue as a result of such stay.

(d) At any hearing on an application for a prejudgment remedy held pursuant to this section or upon motion of the defendant at any time after the granting of such application, the defendant may request that the plaintiff post a bond, with surety, in an amount determined by the court to be sufficient to reasonably protect the defendant's interest in the property that is subject to the prejudgment remedy against damages that may be caused by the prejudgment remedy. If the court grants the defendant's request, the bond shall provide that if judgment in the matter is rendered for the defendant or if the prejudgment remedy is dismissed or dissolved, the plaintiff will pay to the defendant damages directly caused by the prejudgment remedy.

(e) In determining whether to grant a request for a bond and, if granted, the amount of the bond to be set, the court shall consider the nature of the property subject to the prejudgment remedy, the methods of retention or storage of the property and the potential harm to the defendant's interest in the property that the prejudgment remedy might cause.

(f) Notwithstanding the provisions of subsections (d) and (e) of this section, the court shall waive any bond or lower the amount of any bond ordered pursuant to subsection (e) of this section, upon request for such a waiver by an indigent plaintiff, if, after hearing and a consideration of the probability that a judgment will be rendered in the matter in favor of the plaintiff, the potential harm to the defendant's interest in the property that the prejudgment remedy might cause, and the likelihood that the defendant will dissipate such property prior to judgment, the court finds that the plaintiff should be entitled to the protections of a prejudgment remedy.

Cited. 172 C. 577; 173 C. 426; 176 C. 432; 181 C. 42; Id., 524; 184 C. 85; 185 C. 37. A hearing on prejudgment remedy application under section is not occasion to test plaintiff's rights against garnishees. 186 C. 329. Cited. 188 C. 69; 200 C. 406; 203 C. 475; 208 C. 13; 218 C. 162; 222 C. 361; Id., 541. Not unconstitutionally vague on its face. 224 C. 29. Cited. 226 C. 773; 229 C. 455; 236 C. 746.

Cited. 1 CA 93; Id., 519; 4 CA 510; 14 CA 579; 21 CA 661; 26 CA 804; 28 CA 809; 32 CA 118; 33 CA 223; 34 CA 216; Id., 801; 39 CA 183; 46 CA 399. Prejudgment remedy ordered by court is improper where court made no finding of probable damages. 68 CA 685.

Quantum of proof needed for prejudgment remedy less than that required to sustain final judgment. 30 CS 337. Cited. 38 CS 98; 42 CS 460.

Subsec. (a):

Cited. 189 C. 333. The hearing in probable cause is not contemplated to be a full scale trial on the merits of plaintiff's claim. 193 C. 174. Cited. 196 C. 359; 213 C. 612; 224 C. 483. “Or as modified by the court” encompasses the power to require whatever security is constitutionally necessary. 226 C. 773. Cited. Id., 812.

Cited. 1 CA 188; 3 CA 404; 5 CA 90; 6 CA 180; 11 CA 420; 25 CA 16; 31 CA 652; 34 CA 22; Id., 303; Id., 801; 41 CA 750. Failure to provide hearing for either party to present evidence concerning application for prejudgment remedy found to be a procedural flaw requiring remand. 56 CA 114. Court may allow plaintiff to orally amend application and may entertain such amended application at the prejudgment remedy hearing; court must consider potential counterclaims during a hearing on application for prejudgment remedy, even when the counterclaims have not been filed. 68 CA 685. Phrase “in the matter” not restricted to lawsuits pending in Connecticut courts; prejudgment remedy statutes intended to apply either before or after a lawsuit is filed to secure property of defendant in Connecticut should plaintiff obtain judgment in any court; out of state judgment may be registered in Connecticut as foreign judgment to be given same effect as judgment of a court of this state. 73 CA 267. Statute clearly and unambiguously does not preclude court from granting prejudgment remedy order that authorizes attachment for amount less than amount sought in application for prejudgment remedy and does not require court, before issuing such order for a lesser amount, to determine that there exists probable cause that a judgment in at least amount sought in the application for prejudgment remedy will be rendered in the matter in favor of plaintiff utility company. 89 CA 164. To justify issuance of a prejudgment remedy, probable cause must be established both as to the merits of the cause of action and as to the amount of the requested attachment. 112 CA 315. Court unreasonably found adequate showing of insurance coverage when only the policy declaration page was admitted, defendant acknowledged insurer's reservation of rights re defense and coverage, and neither the policy nor the reservation letter was placed in evidence. 116 CA 685.
Conn. Gen. Stat. § 52-570c — Connecticut Code / Title 52 / Chapter 925 / Section 52-570c
Sec. 52-570c. Action for transmission of unsolicited facsimile or telephone messages. Unsolicited electronic mail advertising material.
Status: in_force

(b) (1) No person shall send unsolicited advertising material by electronic mail, or cause such material to be sent by electronic mail, to an electronic mail address held by a resident of this state unless: (A) Such person identifies in the electronic mail a toll-free telephone number or a valid return electronic mail address that the recipient may use to unsubscribe or otherwise notify the sender to not send any further unsolicited electronic mail, and (B) the subject line begins with the letters “ADV”.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, no person or entity shall send by electronic mail, or cause to be sent by electronic mail, unsolicited advertising material upon notification by a recipient of such recipient's request to not receive any further such material.

(3) For purposes of this subsection, (A) “person” does not include an electronic mail service provider, as defined in section 53-451 , or an Internet access provider, (B) “Internet access provider” means a person who provides underlying network facilities utilized in the transmission of Internet services, and (C) electronic mail has “unsolicited advertising material” if it includes an advertisement for products or services and is sent without the consent of the recipient by a person with whom the recipient does not have an established business relationship, and electronic mail does not have “unsolicited advertising material” if the sender has the consent of the recipient to send such mail to the receiver, or if the sender has a prior or existing business relationship formed by voluntary communication between the sender and the recipient with or without an exchange of consideration, in response to the recipient's inquiry about, application for, purchase of or use of products or services offered by the sender.

(c) The provisions of this section shall not apply to tax-exempt nonprofit organizations or to political or candidate committees or candidates or solicitors, as defined in chapter 155.

(d) Any person aggrieved by a violation of the provisions of this section may bring a civil action in the Superior Court to enjoin further violations and for five hundred dollars for each violation, together with costs and a reasonable attorney's fee. No such action shall be brought but within two years from the date of the act complained of. For purposes of this subsection, each electronic mail sent in violation of subsection (b) of this section constitutes a separate and distinct violation.
Conn. Gen. Stat. § 52-327 — Connecticut Code / Title 52 / Chapter 904 / Section 52-327
Sec. 52-327. Duration of attachment lien on real estate. Discharge upon expiration.
Status: in_force

Cited. 209 C. 15.

Cited. 17 CS 475; 39 CS 195. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
Conn. Gen. Stat. § 52-225j — Connecticut Code / Title 52 / Chapter 900 / Section 52-225j
Sec. 52-225j. Transfer of structured settlement payment rights: Effect.
Status: in_force

(1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;

(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer:

(A) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer, and

(B) For any other liabilities or costs, including reasonable costs and attorney's fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with sections 52-225g to 52-225 l , inclusive;

(3) Neither the structured settlement obligor nor the annuity issuer may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and

(4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of sections 52-225g to 52-225 l , inclusive.
Conn. Gen. Stat. § 52-509 — Connecticut Code / Title 52 / Chapter 920 / Section 52-509
Sec. 52-509. Appointment of receiver of partnership.
Status: in_force

(b) Upon receiving an application, the court or judge shall immediately appoint a day for the hearing upon the application, and shall make such order relative to notice of the application and of the hearing to the other partners as may be deemed proper, provided the hearing shall be at least six days from the service of the order of notice. The court or judge upon such hearing may appoint a receiver for the partnership, who shall be subject to the orders of the court.

Court may hear the application forthwith, if the adverse parties consent. 41 C. 305; 66 C. 357. Statute of lis pendens not applicable to action for appointment. Id., 350. Right of equity to wind up partnership. 73 C. 606. Equity has full jurisdiction of a suit for an accounting and settlement of partnership affairs; what must be contained in a final account. 147 C. 160.

Cited. 15 CS 433.
Conn. Gen. Stat. § 52-629 — Connecticut Code / Title 52 / Chapter 930 / Section 52-629
Sec. 52-629. Collection and turnover of receivership property.
Status: in_force

(1) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and

(2) Subject to subsection (c) of this section, a person that has possession, custody or control of receivership property shall turn the property over to the receiver.

(b) A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.

(c) If a creditor has possession, custody or control of receivership property and the validity, perfection or priority of the creditor's lien on the property depends on the creditor's possession, custody or control, the creditor may retain possession, custody or control until the court orders adequate protection of the creditor's lien.

(d) Unless a bona fide dispute exists about a receiver's right to possession, custody or control of receivership property, the court may sanction as civil contempt a person's failure to turn the property over when required by this section.
Conn. Gen. Stat. § 52-325a — Connecticut Code / Title 52 / Chapter 904 / Section 52-325a
Sec. 52-325a. Application for discharge. Forms. Hearing.
Status: in_force

(b) The application, order and summons shall be substantially in the following form:

APPLICATION FOR DISCHARGE OF NOTICE OF LIS PENDENS

To the .... Court of ....

The undersigned represent(s):

1. That .... is the owner of the real property described in schedule A attached hereto;

2. That on or about .... (date) .... (name of plaintiff) of .... (address of plaintiff) recorded a notice of lis pendens affecting such real property and gave notice thereof;

3. That there is not probable cause to sustain the validity of the plaintiff's claim or, in an action that alleges an illegal, invalid or defective transfer of an interest in real property, that the initial illegal, invalid or defective transfer of an interest in real property occurred sixty years or more prior to the commencement of the action;

4. That the applicant seeks an order for discharge of such recorded notice of lis pendens.

....

(Name of Applicant)

By: ....

His Attorney

ORDER

The above application having been presented to the court, it is hereby ordered that a hearing be held thereon at .... (time) on .... (date) and that the applicant give notice to the following persons: .... (Names and addresses of persons entitled to notice) of the pendency of said application and of the time when it will be heard by causing a true and attested copy of the application and of this order to be served upon such persons by some proper officer or indifferent person on or before .... and that due return of such notice be made to this court.

Dated at .... this .... day of ...., 20...

....

(Clerk of the Court)

SUMMONS

To a state marshal of the county of ...., or either constable of the town of ...., in said county,

Greeting:

By authority of the state of Connecticut, you are hereby commanded to serve a true and attested copy of the above application and order upon ...., of .... by leaving the same in his hands or at his usual place of abode (or such other notice as ordered by the court) on or before ....

Hereof fail not but due service and return make.

Dated at .... this .... day of .... 20...

....

(Commissioner of the Superior Court)

(1) The clerk upon receipt of all such documents in duplicate, if he finds them to be in proper form, shall fix a date for a hearing on the application and sign the order of hearing and notice. A copy of the original document shall be placed in the court file.

(2) The clerk shall deliver to the applicant's attorney the original of such documents for service. Service having been made, such original documents shall be returned to such court with the endorsement by the officer of his actions.

(c) If the action for which notice of lis pendens was recorded, is pending before any court, the property owner may at any time, unless the application under subsection (a) of this section has previously been ruled upon, move that such notice of lis pendens be discharged of record.

Cited. 189 C. 471; 209 C. 15; 217 C. 24.

Cited. 10 CA 166; 11 CA 211; 36 CA 469; 45 CA 324.

Cited. 39 CS 195; 40 CS 312. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.
Conn. Gen. Stat. § 52-285 — Connecticut Code / Title 52 / Chapter 904 / Section 52-285
Sec. 52-285. Attachment of real estate.
Status: in_force

Variance in copy not fatal. K. 103. Conveyance pending attachment. 17 C. 283. An attachment of land is an “encumbrance” within covenant against encumbrances. 43 C. 136. Attachment cannot be made before process is placed in officer's hands. Id., 185, 186. A lien exists only for the amount to which the officer is directed by the writ to attach. 52 C. 19. An uncertain interest, incapable of appraisal and possibly of no value, is not attachable. 71 C. 155; 83 C. 346. History of statute. 90 C. 325, 339; 109 C. 434. Effect of outstanding equities in land; 91 C. 571; of unrecorded mortgage or deed. 71 C. 364; 89 C. 59; 91 C. 423. Right of attaching creditor to redeem prior mortgage. 83 C. 514. Equitable interests as subject to attachment. 71 C. 154; 83 C. 355. Mortgagee's interest is not; 81 C. 419; 83 C. 356; nor the interest of an obligee in a bond for sale, who has paid nothing; 70 C. 274; but it is attachable after payments have been made. 90 C. 555. Right of attaching creditor to rely on record title. 92 C. 345. Attachment has priority over deed not recorded in reasonable time. 91 C. 423. Attachment dates from time certificate is lodged with town clerk. 109 C. 436. Town clerk's failure to record or index certificate of attachment does not invalidate attachment otherwise valid. Id., 434. Defective compliance is, at the instance of a creditor or bona fide purchaser, voidable rather than void. 140 C. 464. In a cotenancy with right of survivorship, the death of a cotenant, after attachment but before judgment, extinguishes his interest in the estate attached. 143 C. 427; 145 C. 332. Held that deed to X was insufficient to defeat plaintiff's attachment because it failed to describe the indebtedness it was given to secure. 146 C. 523. Cited. 219 C. 810.

Cited. 28 CA 809; 30 CA 52; 46 CA 399. Incorrect identification of court does not make certificate of attachment defective. 50 CA 671.

Effect of failure of officer in his return to the town clerk to set forth how and when he served the process on defendant. 17 CS 439. Although an action for legal separation is in personam, if the accompanying constructive attachment of property in the court's jurisdiction is properly made at the outset of the action, the action becomes quasi in rem and personal service of process need not be made. 26 CS 284.
Conn. Gen. Stat. § 52-284 — Connecticut Code / Title 52 / Chapter 904 / Section 52-284
Sec. 52-284. Attachment against nonresident.
Status: in_force

Cited. 31 C. 396. When administrator, rather than his tenant, should receive a copy of process. 56 C. 115. Cited. Id., 343; 71 C. 152. Statute must be strictly followed. 75 C. 656; 91 C. 571. Does not apply to foreign attachment; 79 C. 17; or attachment of stock of a corporation. 84 C. 625. Appearance as waiving defects; 4 Cranch 421; or absence of legal service. 90 C. 293; 96 C. 266. Where agent in charge of property and no copy of process is served upon him, attachment is invalid. 139 C. 506. Method of attachment must be followed strictly and facts showing compliance must appear of record. 147 C. 238. Cited. 192 C. 10.

Cited. 6 CA 591. Under section, claimant is not time-barred until he knows, or should have known, the identity of the negligent person who caused his injury to occur. 75 CA 560.

Statute being one in derogation of the common law, it is to be strictly interpreted and construed; waiver of defendant of the formality of process does not validate the attachment. 3 CS 407. Cited. 6 CS 114; 9 CS 521. Although an action for legal separation is in personam, if the accompanying constructive attachment of property in the court's jurisdiction is properly made at the outset of the action, the action becomes quasi in rem and personal service of process need not be made. 26 CS 284, 290. Where service of process was made on plaintiff who initiated the attachment because she was “in charge or possession” of the property involved, defendant claimed the General Assembly did not intend such service to be valid because the person served was not responsible to defendant; although such a service might be considered improper on other grounds, under statute, there is nothing to show that the General Assembly intended anything other than what statute provides for. Id., 289. No quasi in rem jurisdiction is obtained over nonresident unless statute is strictly complied with and, absent an order of notice by court and service on defendant's attorney in this state, jurisdiction was not obtained. 28 CS 233.
Conn. Gen. Stat. § 52-407kk — Connecticut Code / Title 52 / Chapter 909 / Section 52-407kk
Sec. 52-407kk. Appointment of arbitrator; service as neutral arbitrator.
Status: in_force

(b) An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.
Conn. Gen. Stat. § 52-205 — Connecticut Code / Title 52 / Chapter 900 / Section 52-205
Sec. 52-205. Court may determine order in which issues shall be tried.
Status: in_force

Cited. 63 C. 560. When legal issues of fact should be determined by jury before court tries equitable issues. 98 C. 221. General claim for jury list does not secure jury trial of equitable issues of fact; special order necessary under Sec. 52-218. 100 C. 248. The court may determine issues on the cross complaint first. 135 C. 558. Cited. 149 C. 430.

Illness of plaintiff's attorney reason to bifurcate trial. 50 CA 577.
Conn. Gen. Stat. § 52-578 — Connecticut Code / Title 52 / Chapter 926 / Section 52-578
Sec. 52-578. Limitation of action for damages caused by change of grade of highway.
Status: in_force

Statute of limitations to run from the time when the cause of action accrues. 144 C. 170. Cited. 215 C. 464.
Conn. Gen. Stat. § 52-334 — Connecticut Code / Title 52 / Chapter 905 / Section 52-334
Sec. 52-334. Disclosure by garnishee.
Status: in_force

A finding that the garnishee is not indebted, no bar to a scire facias. 26 C. 605. Motion in error does not lie for errors in taking disclosure. 27 C. 519. The finding upon a disclosure by the garnishee is not a judgment. 67 C. 258. Disclosure by garnishee is not a pleading; cannot be considered on plaintiff's demurrer to principal defendant's plea to the jurisdiction. 107 C. 553. Cited. 122 C. 171.
Conn. Gen. Stat. § 52-518 — Connecticut Code / Title 52 / Chapter 921 / Section 52-518
Sec. 52-518. Replevin writ; affidavit as to value of goods and recognizance required.
Status: in_force

Writ is demandable as a matter of right; surplusage in description of goods to be replevied. 9 C. 145. Bond holds good until final judgment, in whatever court the suit may be lawfully carried by either party. 1 R. 57; 30 C. 143, 144. Surety not discharged by principal's taking poor debtor's oath. 1 R. 261. Bond forfeited by withdrawal of suit before return day; 30 C. 146; or by neglect of officer to return the writ. 36 C. 147. Defendant cannot recover on bond for a failure to return, if his title was by a lien which has been dissolved. 14 C. 434. Trustee can replevy property attached as his individually. 36 C. 13. Averments in suit on bond for a failure to return. 16 C. 578. As to a demand. 30 C. 148. Sufficiency of affidavit. 49 C. 62; 54 C. 315. In suit on bond, damages are the value of the property at the time it was replevied. 61 C. 285. Bond virtually takes the place of the goods replevied. 64 C. 77. If the writ is void, the bond also is void. 44 C. 371. Defendant in a suit on the replevin bond may show that he never gave it. Id., 469. Return to officer from whom the property was taken, when sufficient. 46 C. 447. Obligor cannot escape liability on the ground of technical defects in the bond. 48 C. 322. Suit on bond; evidence admissible in mitigation of damages. 36 C. 147; 48 C. 475; 59 C. 495. Replevin bond covers costs; nonresident plaintiff not bound to give additional bond. 54 C. 48. Bond of stranger as principal, and plaintiff as surety, held sufficient. 57 C. 193. Variance in copy of affidavit, held immaterial. 65 C. 542. Defendant is not obliged to claim and prove damages in the replevin action, but may, if he so elects, recover them in a subsequent suit on the replevin bond. 71 C. 86; 74 C. 392. Bond represents goods; estoppel of obligee. 64 C. 77. Effect of bond. 70 C. 608; 71 C. 707. When given by receiver. 75 C. 636. Bond of B “as attorney for R” binds B personally. 78 C. 227. Person directing attachment is real party in interest and may sue on bond. 74 C. 392. Action on bond not a bar to action for nonreturn of goods. 76 C. 683. Parties to bond cannot set up defects in its issuance when sued thereon; effect of action by de facto justice. 77 C. 184. Damages recoverable on bond though none claimed in replevin action; 74 C. 392; Id., 553; rule of damages; 71 C. 86; 74 C. 392; Id., 551; evidence of defendant's title as mitigation of damages. 70 C. 605; 71 C. 698; 74 C. 175. Damages recoverable on bond for wrongful replevy of automobile truck. 94 C. 482. Affidavit of value prima facie but not conclusive evidence of true value; purpose of affidavit. 104 C. 503. Irregularities in recognizance make action abatable. 111 C. 113. Cited. 119 C. 460; 222 C. 361.

Cited. 4 CA 58.

Cited. 34 CS 22.
Conn. Gen. Stat. § 52-278e — Connecticut Code / Title 52 / Chapter 903a / Section 52-278e
Sec. 52-278e. Allowance of prejudgment remedy without hearing. Notice to defendant. Claim form. Subsequent hearing and order. Attachment of real property of municipal officers.
Status: in_force

(b) If a prejudgment remedy is issued pursuant to this section, the plaintiff shall include in the process served on the defendant a notice and claim form, in such form as may be prescribed by the Office of the Chief Court Administrator, containing the following language: YOU HAVE RIGHTS SPECIFIED IN THE CONNECTICUT GENERAL STATUTES, INCLUDING CHAPTER 903a, WHICH YOU MAY WISH TO EXERCISE CONCERNING THIS PREJUDGMENT REMEDY. THESE RIGHTS INCLUDE THE RIGHT TO A HEARING (1) TO OBJECT TO THE PREJUDGMENT REMEDY BECAUSE YOU HAVE A DEFENSE TO OR SET-OFF AGAINST THE ACTION OR A COUNTERCLAIM AGAINST THE PLAINTIFF OR BECAUSE THE AMOUNT OF THE PREJUDGMENT REMEDY ALLOWED BY THE COURT IS UNREASONABLY HIGH OR BECAUSE PAYMENT OF ANY JUDGMENT THAT MAY BE RENDERED AGAINST YOU IS ADEQUATELY SECURED BY ANY INSURANCE THAT YOU MAY HAVE; (2) TO REQUEST THAT THE PLAINTIFF POST A BOND IN ACCORDANCE WITH SECTION 52-278d OF THE GENERAL STATUTES TO SECURE YOU AGAINST ANY DAMAGES THAT MAY RESULT FROM THE PREJUDGMENT REMEDY; (3) TO REQUEST THAT THE PREJUDGMENT REMEDY BE DISSOLVED OR MODIFIED OR THAT YOU BE ALLOWED TO SUBSTITUTE A BOND FOR THE PREJUDGMENT REMEDY; AND (4) TO SHOW THAT ANY PROPERTY SUBJECT TO THE PREJUDGMENT REMEDY IS EXEMPT FROM SUCH A PREJUDGMENT REMEDY.

(c) The notice and claim form required by subsection (b) of this section shall contain (1) the name and address of any third person holding property of the defendant who is subject to garnishee process preventing the dissipation of such property, and (2) a statement of the procedure set out in subsection (d) of this section for requesting a hearing to move to dissolve or modify the prejudgment remedy.

(d) A defendant may move to dissolve or modify a prejudgment remedy allowed pursuant to this section by any proper motion or by return to the Superior Court of a signed claim form that indicates, by the checking of a box on the claim form, whether the claim is an assertion of a defense, counterclaim, set-off or exemption, an assertion that any judgment that may be rendered is adequately secured by insurance, an assertion that the amount of the prejudgment remedy is unreasonably high, a request that the plaintiff be required to post a bond to secure the defendant against any damages that may result from the prejudgment remedy, or a request that the defendant be allowed to substitute a bond for the prejudgment remedy.

(e) The court shall proceed to hold a hearing and determine any motion made under subsection (d) of this section not later than seven business days after its filing. If the court determines at such hearing requested by the defendant that there is probable cause that judgment will be rendered in the matter in favor of the plaintiff and, if the plaintiff has relied on a ground set forth in subsection (a) of this section, that there is probable cause to believe such ground exists, the prejudgment remedy granted shall remain in effect. If the court determines there is no probable cause to believe that a judgment will be rendered in the matter in favor of the plaintiff or, if a ground set forth in subsection (a) of this section was relied on, to believe such ground exists, the prejudgment remedy shall be dissolved. An order shall be issued by the court setting forth the action it has taken.

(f) No prejudgment remedy for the attachment of real property of a municipal officer may be granted pursuant to this section in any civil action against such officer for an act or omission, not malicious, wanton, wilful or ultra vires, on the part of such officer while acting in the discharge of his duties where such officer would be protected and held harmless from financial loss and expense under the provisions of section 7-101a .

Cited. 172 C. 577; 176 C. 432. Statute exhibits all the saving characteristics that law of procedural due process requires. 178 C. 393. Cited. Id., 446; 180 C. 49; 181 C. 42; Id., 524; 184 C. 85; 186 C. 329; 188 C. 69; 192 C. 150. Plaintiff may introduce at hearing additional evidence to buttress initial affidavit. 200 C. 406. Cited. 203 C. 475. Unnecessary to direct ex parte application to the court to which the action was returnable. 208 C. 13. Cited. 218 C. 281; Id., 512; 222 C. 361; Id., 541; 223 C. 68; 224 C. 29; 226 C. 773.

Affidavit need not stand alone in determining probable cause; it is the hearing that decides the issue. 1 CA 188. Cited. Id., 349; 2 CA 388; Id., 404; 4 CA 330; 5 CA 90; 6 CA 7; 10 CA 618; 11 CA 289; 14 CA 579; 16 CA 700; 19 CA 85; Id., 256; 20 CA 139; 21 CA 191; Id., 661; 24 CA 169; 26 CA 251; 28 CA 809; 29 CA 48; 32 CA 118; 39 CA 183; 46 CA 399. Nothing in the statutory language of the section can be read to bar a party from meeting its obligation to provide a supporting affidavit by incorporating by reference an affidavit that is already a part of the record and available to the court and all parties. 213 CA 674.

Cited. 35 CS 24; 38 CS 98; 39 CS 88; 42 CS 241.

Subsec. (a):

Subdiv. (1): Since statute requires a factual showing that probable cause exists to sustain the validity of plaintiff's claim, it comports with constitutional requirements. 180 C. 501. Personal knowledge is touchstone of competence of affiant, and determining personal knowledge requires close examination of averments in affidavit. 296 C. 556.

Subsec. (e):

When affidavit insufficient to establish probable cause, plaintiff may introduce additional evidence to buttress the initial affidavit at the probable cause hearing, but in absence of an affidavit, plaintiff not entitled to provide support for initial application at probable cause hearing. 296 C. 556.
Conn. Gen. Stat. § 52-571bb — Connecticut Code / Title 52 / Chapter 925 / Section 52-571bb
Sec. 52-571bb. Discrimination on account of membership in armed forces re access to any place of public accommodation, resort or amusement. Penalty.
Status: in_force

(b) Any person who violates any provision of this section shall be guilty of a class D misdemeanor.
Conn. Gen. Stat. § 52-572p — Connecticut Code / Title 52 / Chapter 925 / Section 52-572p
Sec. 52-572p. Limitation of liability of product seller.
Status: reserved

(b) For the purposes of this section, alteration or modification includes changes in the design, formula, function or use of the product from that originally designed, tested or intended by the product seller.

Cited. 187 C. 363; 192 C. 280; 200 C. 562; 203 C. 156; 204 C. 399. Sec. 52-572m et seq., product liability act, abrogated common law indemnification principles in this area. 205 C. 694. Cited. 207 C. 575; Id., 599; 210 C. 189; 212 C. 462; Id., 509; 213 C. 136; 216 C. 65; 226 C. 282; 229 C. 213; Id., 500; 233 C. 732; 236 C. 769. Court set forth respective parties' appropriate burden of proof; product liability law discussed. 241 C. 199. Modified consumer expectation test, recognized in 241 C. 199, is the primary strict product liability test; ordinary consumer expectation test is reserved for those limited cases in which product fails to meet consumer's legitimate, commonly accepted minimum safety expectations. 321 C. 172.

Cited. 1 CA 48; 3 CA 230; 8 CA 642; 16 CA 558; 30 CA 664; 31 CA 824; 36 CA 601; 39 CA 635; 41 CA 555; Id., 856; 46 CA 18; Id., 699.

Cited. 40 CS 120; 41 CS 179; 42 CS 153; 44 CS 510.
Conn. Gen. Stat. § 52-641 — Connecticut Code / Title 52 / Chapter 930 / Section 52-641
Sec. 52-641. Final report of receiver; discharge.
Status: in_force

(1) A description of the activities of the receiver in the conduct of the receivership;

(2) A list of receivership property at the commencement of the receivership and any receivership property received during the receivership;

(3) A list of disbursements, including payments to professionals engaged by the receiver;

(4) A list of dispositions of receivership property;

(5) A list of distributions made or proposed to be made from the receivership for creditor claims;

(6) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and

(7) Any other information required by the court.

(b) If the court approves a final report filed under subsection (a) of this section and the receiver distributes all receivership property, the receiver is discharged.
Conn. Gen. Stat. § 52-515 — Connecticut Code / Title 52 / Chapter 921 / Section 52-515
Sec. 52-515. When action of replevin maintainable.
Status: in_force

See Sec. 42a-2-716(3) re goods identified to sales contract.

Replevin is governed by statute rather than by rules of the common-law action of the same name. 66 C. 547. Action of replevin examined and explained. 14 C. 114. Review of various changes in legislation. 38 C. 249. If cattle lawfully impounded are unlawfully detained by the poundkeeper, the impounder is not liable in this action. 24 C. 361. Prior to 1875 revision, replevin would not lie for property taken on execution; 39 C. 213; 41 C. 321; 44 C. 176, 177; but statute, as then revised, embraces chattels held on an execution. 49 C. 112, 113. Right to immediate possession was necessary at common law; 42 C. 76; 60 C. 465; otherwise by statute. 42 C. 76. When previous demand unnecessary. 42 C. 425; 86 C. 372; 105 C. 677. Replevin is maintainable by a receiptor of goods attached. 45 C. 109. Not maintainable by purchaser of stolen goods against officer holding them for identification. Id., 548. Replevin does not lie for liquors seized for condemnation; 48 C. 200; nor for liquors kept to be sold in violation of law. 49 C. 164. Effect of acquiring right to the property pending suit. 51 C. 176. Lies only for specific, distinguishable property. 54 C. 318. When money is not repleviable. 66 C. 511. Lies to recover liquor license; 74 C. 392; to recover goods fraudulently obtained. 73 C. 547. Does not lie to recover real fixture; 75 C. 170; nor can mortgagee out of possession recover fixture severed by mortgagor. 72 C. 464. It does not lie where possession was originally secured lawfully and has not become unlawful. 83 C. 159. Lies against several where one defendant refuses delivery and others claim under him; 77 C. 462; but not where each claims different portion of goods. 86 C. 372. Bringing of action by seller of goods as rescission of sale; proof of claim in bankruptcy for part of goods sold as defense to replevin of rest. 91 C. 482. Quaere, whether writ lies for goods already held under another replevin writ. Id., 320. Effect of abandonment of replevin action. 99 C. 265. Defendant not entitled to damages unless he counterclaims; amount of damages. 101 C. 60. Demand unnecessary where conditional vendor has right to immediate possession. 105 C. 677. Owner entitled to damages for loss of use of automobile wrongfully replevied. 108 C. 526. Verdict set aside for refusal to award any damages; and for awarding excessive damages. 100 C. 97, 99. Plaintiff must rely on strength of his title rather than weakness of defendant's and must prove a right to immediate possession. 135 C. 517. Power of sale gives chattel mortgagee a right of general property and replevin lies. 137 C. 145. Depreciation in value during period of detention is proper element of damages, but right to such damages ceases on termination of the detention. 152 C. 695. Plaintiff did not, as a matter of statutory law, have right to immediate personal possession of pathology slides. 246 C. 45.

Court lacked a legal basis on which to grant opportunity to redeem, repurchase or bond goods or chattels subject to replevin because an action of replevin is purely statutory, not equitable, in nature. 105 CA 749.
Conn. Gen. Stat. § 52-501 — Connecticut Code / Title 52 / Chapter 919 / Section 52-501
Sec. 52-501. Sale of building and land owned by different parties. Disposition of proceeds.
Status: in_force

(b) The court may determine the quantity of land that may be sold with the building in order to promote and preserve the respective interests of the owners.

(c) The court shall, after the sale, determine the value of the land sold, and from the proceeds of the sale there shall be paid to the owner of the land the full value thereof as found by the court. The remainder of the proceeds shall, after the payment of the costs therefrom, be paid to the owner of the building.

Cited. 5 CA 142.

Cited. 29 CS 465.
Conn. Gen. Stat. § 52-557l — Connecticut Code / Title 52 / Chapter 925 / Section 52-557l
Sec. 52-557l. Immunity from liability of certain persons who donate food or distribute donated food.
Status: in_force

(b) Notwithstanding any provision of the general statutes, any food establishment classified as a class 3 or class 4 food establishment pursuant to regulations adopted under section 19a-36h , that donates perishable food for use or distribution by a temporary emergency shelter in accordance with the provisions set forth in section 38a-313b shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of the food, unless it is established that the donor, at the time of making the donation, knew or had reasonable grounds to believe that the food was (1) embargoed or ordered destroyed by the Department of Public Health or a local director of health, or an authorized agent thereof, (2) adulterated, as described in section 21a-101 , or (3) not fit for human consumption.

(c) Notwithstanding any provision of the general statutes, any food relief organization or supermarket that donates any canned food or perishable food shall not be liable for civil damages or criminal penalties resulting from the nature, age, condition or packaging of such canned food or perishable food, unless it is established that such food relief organization or supermarket, at the time such food relief organization or supermarket donated such canned food or perishable food, knew or had reasonable grounds to believe that such canned food or perishable food was (1) embargoed or ordered destroyed by the Department of Public Health or a local director of health, or an authorized agent thereof, (2) adulterated, as described in section 21a-101 , or (3) not fit for human consumption. For the purposes of this subsection, “canned food”, “food relief organization”, “perishable food” and “supermarket” have the same meanings as provided in section 38a-313c .

Cited. 238 C. 653; Id., 687.
Conn. Gen. Stat. § 52-228b — Connecticut Code / Title 52 / Chapter 900 / Section 52-228b
Sec. 52-228b. Setting aside of verdict in action claiming money damages.
Status: in_force

Action of trial court setting aside a verdict will not be disturbed unless discretion has been abused, but where there was no evidence on which verdict for defendant could be set aside, case was remanded and court directed to render judgment on verdict of jury for defendant. 155 C. 704. Cited. 156 C. 323; 160 C. 219. Purpose of statute to provide opportunity for trial court to pass on claims of error discussed. 185 C. 510; overruled, see 239 C. 207. Cited. 189 C. 484; 194 C. 35; 198 C. 322; 202 C. 234; 203 C. 607; 204 C. 303; 205 C. 751; 208 C. 82; 209 C. 450; Id., 510; 210 C. 503; 221 C. 14; Id., 356; Id., 549. Judgment of Appellate Court in 32 CA 574 reversed. 230 C. 95. Cited. 234 C. 660; 235 C. 107. Court held that scope of appellate review is not limited to that provided by plain error doctrine where plaintiff fails to file motion to set aside verdict, overruling 185 C. 510 and its progeny. 239 C. 207. Sec. 52-228a and this section are not inconsistent with one another; because section permits “the parties” to reject an order of additur, it cannot be read to prohibit plaintiff from rejecting an order of additur; there is no irreconcilable conflict between this section and Sec. 52-216a mandating that one be accepted and the other abandoned. 246 C. 170.

Cited. 2 CA 174; 14 CA 289; judgment reversed, see 209 C. 450; 15 CA 6; 16 CA 379; 24 CA 739; 26 CA 231; 27 CA 135. Court should have given parties opportunity to accept a reasonable addition before ordering a new trial on all issues. Id., 471. Cited. 29 CA 151; 30 CA 125; 33 CA 575; 35 CA 239; Id., 301; judgment reversed, see 235 C. 107; Id., 850; 43 CA 453; Id., 475. Order of remittitur does not necessarily mean that verdict is tainted. 65 CA 441. Trial court was within its discretion to find that a jury's verdict, which compensated plaintiff for past medical bills and the cost of a future surgery that would produce pain, suffering and disability, but that failed to provide plaintiff with noneconomic damages, was improper as a matter of law. 112 CA 467. Section applies only to verdict for plaintiff that may be deemed inadequate, and a court may not order an additur to a defendant's verdict. 117 CA 658.

Cited. 37 CS 1.
Conn. Gen. Stat. § 52-497 — Connecticut Code / Title 52 / Chapter 919 / Section 52-497
Sec. 52-497. Decrees to be recorded in land records.
Status: in_force

Cited. 5 CA 142.

Cited. 29 CS 465.
Conn. Gen. Stat. § 52-146b — Connecticut Code / Title 52 / Chapter 899 / Section 52-146b
Sec. 52-146b. Privileged communications made to clergymen.
Status: in_force

“Priest-penitent” privilege found waived where defendant testified as to what he told priest and conversation did not relate to religious or spiritual advice, aid or comfort. 171 C. 586. Cited. 211 C. 555. Clergy-penitent privilege did not exist at common law and is a creature of statute; to establish privilege, defendant must demonstrate that there was a communication, the communication was confidential, it was made to a member of the clergy within the meaning of section, communication was made to clergy member in his or her professional capacity, the disclosure was sought as part of a criminal or civil case, and defendant did not waive the privilege; in this case, defendant lacked a reasonable expectation that his inculpatory statements would be held in confidence. 300 C. 590.
Conn. Gen. Stat. § 52-590 — Connecticut Code / Title 52 / Chapter 926 / Section 52-590
Sec. 52-590. When defendant's absence from state to be excluded.
Status: in_force

This applies, although both parties are and always have been nonresidents. 24 C. 442. A temporary absence is not within statute. 16 C. 113, 116; 105 C. 569. Ownership of attachable property in Connecticut does not give nonresident debtor the right to invoke the aid of our statute of limitation. 55 C. 577. One who occupied apartment in New York with his wife a considerable portion of the time held to be still a resident here. 92 C. 55. Periods during which defendant is within the state may be added together to form statutory period; domicile in another state does not prevent one from having a usual place of abode here; defendant may have two or more usual places of abode in two or more states; time excluded while out of the state covers only absences which prevent service of process in actions in personam. 105 C. 571. Statute runs against nonresident when he acquires a usual place of abode here; against a resident when he returns here. Id., 568. Not applicable to actions against nonresidents begun under Sec. 52-62. 116 C. 643. Cited. 131 C. 675; 225 C. 238.

Cited. 31 CA 569.

When “usual place of abode” is acquired. 7 CS 145. Cited. 17 CS 222; Id., 408. Statute of limitations should be raised by special defense so that plaintiff may, in reply, plead section. 18 CS 143. Where defendant had room at Yale University and was absent therefrom only during summer vacation, his absence did not toll statute of limitations under section. 27 CS 394. Cited. 40 CS 6; 42 CS 187.
Conn. Gen. Stat. § 52-238 — Connecticut Code / Title 52 / Chapter 901 / Section 52-238
Sec. 52-238. Damages in actions on penal bonds.
Status: in_force

(b) If, upon a bond with conditions the breach of which may happen at different times, an action is brought upon the first breach, the court, upon finding a forfeiture of the bond, shall render judgment for what is due in equity at the time, with costs, and award execution. Upon any further or other breach of condition, the obligee, his executors or administrators may take out a scire facias against the obligor, his executors or administrators, from the clerk of the court in which the judgment was given, to show cause why execution should not be awarded for the money then due, or damages then sustained. The court shall thereupon render judgment for what appears to be due in equity and grant execution thereon, and may so render judgment and grant execution, from time to time, until the condition is fully performed. The whole amount of the judgments shall not exceed the penalty of the bond with interest.

A tender of the amount justly due on a bond, though less than its face, is good. 2 C. 662. No judgment can be rendered on any bond for more than the penalty, with interest. 4 D. 36. Interest on probate bond may run from time of demand. 38 C. 324. Statute does not apply to actions of replevin. 48 C. 140. A technical breach of bond resulting in no damage is not ground for a new trial. 60 C. 482. Cited. 71 C. 452. Right to chancer a bond exists only where liability is admitted. 72 C. 607. Applies to recognizance or bond made to release attachment. 74 C. 175. Scope of equities considered. Id., 338; 77 C. 70. Applies to obligations of surety. 78 C. 698. When recovery not limited to penalty. 81 C. 252. Same doctrine applied to penalty stated in injunction. 83 C. 427. Does not apply to criminal bond. Id., 686. Legal interest as measure of damages where impossible to ascertain profits made by improper use of trust funds. 120 C. 337. To be available in defense to suit on probate bond, credits for payments to creditors and legatees must have been authenticated by Probate Court through settlement of executor's account. 124 C. 111. Cited. 128 C. 322. Damages “equitably due” means “justly due”. 148 C. 569. Cited. 177 C. 527.

Cited. 19 CS 130. Recovery limited to amount of bond, with possible addition of interest. Id., 457.
Conn. Gen. Stat. § 52-130 — Connecticut Code / Title 52 / Chapter 898 / Section 52-130
Sec. 52-130. Amendment of defects, mistakes or informalities.
Status: in_force

See Sec. 52-72 re amendment of process.

Amending records after term. 4 C. 77; 15 C. 37; 21 C. 530; 25 C. 342. A void process is not amendable. 5 D. 126. Errors in describing parties. 2 R. 57; 3 C. 159; 13 C. 53; 19 C. 62; 24 C. 13. Date of issuance of process. 41 C. 483. Writ returnable to term already past not amendable. Id., 539, but see 70 C. 348. Amending officer's return. 65 C. 193. Officer's return may not be amended after judgment so as to confer jurisdiction. 85 C. 327. Return day in writ may not be changed after issuance; 74 C. 38; but Supreme Court allowed an appeal to be amended by substituting one year for another. Id., 438. Judgment may be amended during term as to error in substance; at any time as to clerical error. 73 C. 497; 76 C. 113; 81 C. 283; Id., 562. Amending memorandum which directs judgment. 74 C. 18. Remittitur and amendment of judgment where damages are excessive. 75 C. 263. Discretion of court to allow amendment when action has been in court 2 years, and complaint repeatedly amended. 81 C. 452. Motion to dismiss amendment improperly allowed, proper. 86 C. 313. Right to amend to be restrained within reasonable limits; filing cross complaint after reservation. 66 C. 284; 68 C. 369. Amendment to appeal is to be made in Appellate Court; 72 C. 86; on return day. 74 C. 438. Amending plea in abatement. 68 C. 474; 73 C. 428; 74 C. 125. Court may correct its records. 76 C. 113; 81 C. 127; 91 C. 383. Amending memorandum of judgment. 74 C. 23. Gives right to amend to accord with proof on trial, subject to right of defendant to amend answer; but court may refuse to allow demurrer where it would not promote speedy issue. 96 C. 395. When amendment offered during trial to remedy mispleading, circumstances of particular case must govern. 115 C. 683. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170. Harm done defendant by denial of motion far outweighed inconvenience to plaintiff or delay resulting from granting of it and was abuse of court's discretion. 139 C. 68. Amendment offered during trial which would radically change basis of plaintiff's cause of action properly refused. Id., 152. Court may in its discretion restrain the amendment of pleadings to prevent unreasonable delay of the trial. 140 C. 689. The courts have followed a liberal policy relative to permitting amendments to pleadings after the expiration of the time during which amendments may be filed as a matter of right. 144 C. 126. Failure to amend complaint at pretrial or within a reasonable time thereafter may constitute sound reason to deny motion. Id., 582. Denial of amendment to conform allegations to proof. Id., 594. Defendant not permitted to amend its answer during trial by adding third defense as this would have injected new issue requiring evidence different in character from that already presented. 155 C. 145. Cited. 177 C. 191; 187 C. 180; 192 C. 558; 215 C. 286; 221 C. 14; Id., 356.

Cited. 19 CA 280.

Power of court to restrain the amendment or alteration of pleading is to be sparingly exercised. 17 CS 47. Cited. 27 CS 63. Legislature has prescribed liberal policy toward the allowance of amendments to pleadings. 36 CS 126.
Conn. Gen. Stat. § 52-184b — Connecticut Code / Title 52 / Chapter 899 / Section 52-184b
Sec. 52-184b. Failure to bill and advance payments inadmissible in malpractice cases.
Status: in_force

(b) The failure of a health care provider to bill a patient for services rendered shall not be construed as an admission of liability and shall not be admissible in evidence as to liability in any trial for malpractice, error or omission against a health care provider in connection with the provision of health care or professional services.

(c) Any advance payment for medical bills by a health care provider or by the insurer of a health care provider shall not be construed as an admission of liability and shall not be admissible in evidence as to liability in any trial for malpractice, error or omission against a health care provider in connection with the provision of health care or professional services.

Cited. 211 C. 555; 242 C. 1.
Conn. Gen. Stat. § 52-554 — Connecticut Code / Title 52 / Chapter 924 / Section 52-554
Sec. 52-554. Recovery of money lost in gaming.
Status: in_force

Money wagered is recoverable from stakeholder. 15 C. 31; 40 C. 336. Under former statute, a negotiable check given by the stakeholder to the winner for the amount wagered was void even in the hands of a bona fide holder. 36 C. 463. Legislation re gaming reviewed. 70 C. 490. Statute embraces all events mentioned in Sec. 52-553; allows recovery of money lost and paid in bet on a horse race. 100 C. 545. Not necessary to state details of bets in complaint. 125 C. 116. No credit for bets won by defendant. Id., 121. Claim for share of fund increased by betting in Rhode Island, though valid there, contravenes our public policy and cannot be enforced in our courts. 134 C. 52. Gambling on credit is the vice at which this statute and Sec. 52-553 are particularly directed. 189 C. 591.

Cited. 33 CS 170. Statute does not extend to legalized gambling authorized by Sec. 12-557 et seq. 37 CS 88.
Conn. Gen. Stat. § 52-599 — Connecticut Code / Title 52 / Chapter 927 / Section 52-599
Sec. 52-599. Survival of cause of action. Continuation by or against executor or administrator.
Status: in_force

(b) A civil action or proceeding shall not abate by reason of the death of any party thereto, but may be continued by or against the executor or administrator of the decedent. If a party plaintiff dies, his executor or administrator may enter within six months of the plaintiff's death or at any time prior to the action commencing trial and prosecute the action in the same manner as his testator or intestate might have done if he had lived. If a party defendant dies, the plaintiff, within one year after receiving written notification of the defendant's death, may apply to the court in which the action is pending for an order to substitute the decedent's executor or administrator in the place of the decedent, and, upon due service and return of the order, the action may proceed.

(c) The provisions of this section shall not apply: (1) To any cause or right of action or to any civil action or proceeding the purpose or object of which is defeated or rendered useless by the death of any party thereto, (2) to any civil action or proceeding whose prosecution or defense depends upon the continued existence of the persons who are plaintiffs or defendants, or (3) to any civil action upon a penal statute.

Administrator should enter within time limited, but the court may, in its discretion, permit him to do so later. 8 C. 235; 56 C. 173; 77 C. 349; 88 C. 105. An action may survive as to some counts and not as to others. 27 C. 328. A naked legal right may survive, though the executor could take no beneficial interest. 8 C. 233. The equity of section covers writs of error; waiver of the necessity for taking out a writ of scire facias. 5 D. 338. Judgment entered as of the term in which the verdict was rendered, defendant having died since its rendition. 15 C. 426. Death of plaintiff after verdict will not prevent rendition of judgment, though the action cannot survive. 18 C. 208. Sheriff's death does not affect suit against him for deputy's default. 30 C. 354. Husband cannot continue suit for injury to wife's land after her death. 33 C. 41. The same cause of action survives that was pending at the decedent's death. Id., 55. Motion to dismiss for dilatory appearance held made too late. 36 C. 351. Applies to appeals from decrees of courts of probate. 41 C. 329; 110 C. 648. Action upon a penal statute does not survive the death of defendant. 48 C. 16. Executor of one wrongfully releasing collateral security is liable to the owner for its value. 51 C. 156. Survival at common law and under statute. 75 C. 10; 77 C. 383; 88 C. 100. Effect of death of plaintiff pending appeal; 74 C. 730; so of defendant. 85 C. 573. Survival of tort action; fraudulent representation to induce marriage. 65 C. 397. Survival of ejectment. 75 C. 11. Issuing execution after plaintiff's death on judgment recovered in lifetime. 79 C. 685. Insolvency of defendant's estate no defense. 88 C. 100. Scire facias, not motion, proper method to cite in executor. 88 C. 100. Effect upon attachments. 90 C. 323. Proper procedure where conservator brings action and ward dies. 91 C. 680. Effect and application. 98 C. 206. Quasi contract action to recover money obtained by undue influence survives defendant's death pending suit without aid of section. Id., 210. Applies to right to compensation for incapacity before death, or, if award already made, to any accrued payments due under award. 105 C. 399. When Connecticut courts have assumed jurisdiction, death of tortfeasor will not defeat action accruing under law of foreign state where the action does not survive; but otherwise if death occurs before suit brought here. 107 C. 175. Cited. 112 C. 151; 115 C. 254; 117 C. 638. Late citation to administrator of deceased defendant permitted at court's discretion. 120 C. 113. Action for death due to highway defect survives under section. 122 C. 80. History of statutes relating to survival of causes of action for personal injury. Id., 95. Wife's claim against husband for past support survives his death. 124 C. 547. Cited. 127 C. 692; 137 C. 642. Gives absolute right to cite in representative of deceased defendant within 1 year and thereafter in the discretion of the court if good cause is shown for the delay. 141 C. 397; followed, 170 C. 186. If plaintiff had begun her action in this state before the death of defendant's intestate, the action would have survived under Connecticut survival statutes, our courts having assumed jurisdiction. 142 C. 278. Distinguished from Sec. 52-555. 144 C. 659. Cited. 153 C. 360; 159 C. 374. Action upon appeal could be revived by moving to have administrator appointed for deceased party. 160 C. 409. Cited. 169 C. 641; 170 C. 443, 447; 178 C. 529; 187 C. 53; Id., 423; 191 C. 447; 192 C. 280; 194 C. 52; 202 C. 609; 203 C. 187; 204 C. 760; 205 C. 324; 209 C. 437; 213 C. 282; Id., 548; 223 C. 14; 226 C. 282; 232 C. 780.

Cited. 1 CA 291; 2 CA 523; 7 CA 522; 17 CA 130; 23 CA 404; 42 CA 59; 43 CA 586; 46 CA 150. Cause of action can survive if a representative of decedent's estate is substituted for the decedent. 74 CA 617. In foreclosure action in which both defendant and decedent were named, Sec. 52-600, rather than this section or Sec. 52-325, applies. 165 CA 144. Section limits its ambit to executors or administrators, it does not authorize suits by parties such as next friends, putative administrators, or estate examiners. 176 CA 64.

Action under former Sec. 18-49 did not survive death of prisoner; it was barred by the last clause of this section. 7 CS 329; 21 CS 397. Cited. 9 CS 184. History. 11 CS 117. Father is not entitled to recover for lost service of son who has been wrongfully killed, nor is he entitled to recover for medical and hospital expenses incurred on behalf of such son; son's cause of action has been made to survive but section does not provide for survival of father's action. 14 CS 394. Cited. 16 CS 118; Id., 430; 18 CS 88. Liens and attachments placed against one owner of property held jointly under a survivorship deed does not survive that owner although the action does. 19 CS 141. When a statute can be classified as penal. 21 CS 397. Where prenatal injuries result in death, the personal representative of the child may prosecute an action; it makes no difference whether death took place just after birth or just prior to birth. 23 CS 256. Cause of action against a fireman and a municipality under Sec. 7-308 is not limited to a living fireman but extends to his executor or administrator in case he dies; Sec. 7-308 must be read in conjunction with this section. Id., 321. Action to annul a bigamous marriage does not fall within statutory exception and may be brought either in the lifetime of the parties or after the death of one. 26 CS 260. Under statute, former action for alienation of affections survived the death of plaintiff. Id., 356. Damages for antemortem injuries, though required to be claimed in same action as damages for death, do not depend on Sec. 52-555 but on this section, which provides that decedent's cause of action survives to his personal representative; where 1 year period of limitation with respect to those injuries had not expired when decedent died, his personal representative, under Sec. 52-594, had year from date of death to institute action. 28 CS 461. Presumption in favor of survival of causes of action. 29 CS 465. Death of putative father does not defeat or render useless a paternity action. 38 CS 91.

Where no executor or administrator was substituted for deceased plaintiff in appeal by defendant, case was erased from docket. 5 Conn. Cir. Ct. 121.

Subsec. (b):

Court was not persuaded that amendment was intended to abolish long-standing judicial discretion to allow substitution of a fiduciary at any time upon showing of good cause. 46 CA 150. Trial court properly exercised its discretion by dismissing action for failure to prosecute action where the representative of the deceased original plaintiff delayed more than 4 years in substituting herself as the party plaintiff and gave no justification for the delay. 159 CA 584.

Subsec. (c):

In the absence of the applicability of one of the three exceptions enumerated in this subsection, when a party seeks to open a dissolution judgment on the basis of fraud for the limited purpose of reconsidering the financial orders, there is no reason to prohibit substitution of the executor or the administrator of the estate in the event of a party's death, as it does not affect the status of the parties' marriage by reinstating the marriage. 335 C. 525.
Conn. Gen. Stat. § 52-503i — Connecticut Code / Title 52 / Chapter 919 / Section 52-503i
Sec. 52-503i. Service. Notice by posting.
Status: in_force

(b) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs' property, the plaintiff, not later than ten days after the date of the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
Conn. Gen. Stat. § 52-640 — Connecticut Code / Title 52 / Chapter 930 / Section 52-640
Sec. 52-640. Removal of receiver; replacement; termination of receivership.
Status: in_force

(b) The court shall replace a receiver that dies, resigns or is removed.

(c) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.

(d) The court may discharge a receiver and terminate the court's administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment:

(1) The fees and expenses of the receivership, including reasonable attorneys' fees and costs; and

(2) Actual damages caused by the appointment, including reasonable attorneys' fees and costs.
Conn. Gen. Stat. § 52-351b — Connecticut Code / Title 52 / Chapter 906 / Section 52-351b
Sec. 52-351b. Discovery by judgment creditor.
Status: in_force

(b) The interrogatory form shall specify the names and last-known addresses of the judgment creditor and the judgment debtor, the court in which and the date on which the judgment was rendered, and the original amount of the judgment and the amount due thereon. The interrogatory form shall contain a notice of rights with respect to postjudgment interrogatories as prescribed by section 52-361b .

(c) Notwithstanding the provisions of this section, no party may compel disclosure of the names and addresses of clients of an individual or entity that provides professional services, as defined in subdivision (20) of section 4e-1 , when the disclosure of such names and addresses would constitute a violation of state or federal law, or the applicable rules of professional conduct governing such profession, as the case may be.

(d) On failure of a person served with interrogatories to return, within the thirty days, a sufficient answer or disclose sufficient assets for execution, or on objection by such person to the interrogatories, the judgment creditor may move the court for such supplemental discovery orders as may be necessary to ensure disclosure including (1) an order for compliance with the interrogatories, or (2) an order authorizing additional interrogatories. The judgment creditor may obtain discovery, including the taking of depositions, from any person served with interrogatories in accordance with procedures for discovery in civil actions without further order of the court. The court may order such additional discovery as justice requires provided the order shall contain a notice that failure to comply therewith may subject the person served to being held in contempt of court.

(e) Any party from whom discovery is sought may seek a protective order pursuant to section 52-400a .

Cited. 240 C. 623.
Conn. Gen. Stat. § 52-407gg — Connecticut Code / Title 52 / Chapter 909 / Section 52-407gg
Sec. 52-407gg. Motion to compel or stay arbitration.
Status: in_force

(1) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and

(2) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

(b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

(c) If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate under this section.

(d) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

(e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court specified in section 52-407aaa .

(f) If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

(g) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
Conn. Gen. Stat. § 52-278k — Connecticut Code / Title 52 / Chapter 903a / Section 52-278k
Sec. 52-278k. Modification of prejudgment remedy.
Status: in_force

Cited. 180 C. 501; 181 C. 42; 188 C. 69; 218 C. 512; 219 C. 620; 223 C. 68; 238 C. 172.

Cited. 2 CA 388; 11 CA 289; 16 CA 700; 39 CA 149.

Cited. 38 CS 98.
Conn. Gen. Stat. § 52-160 — Connecticut Code / Title 52 / Chapter 899 / Section 52-160
Sec. 52-160. Admissibility in subsequent trial of testimony of witness recorded in former trial.
Status: in_force

Applies where substitute complaint modifying cause of action has been filed. 74 C. 694. Cited. 211 C. 555.

Testimony of witness taken during trial of a different cause of action does not fall under purview of section. 51 CA 24. An unemployment hearing, which is an administrative proceeding, was not same as or substantially similar to a civil action in which claims of a hostile work environment, retaliation, vexatious litigation and intentional infliction of emotional distress were claimed, therefore preclusion of prior testimony given at unemployment hearing was proper. 117 CA 680.
Conn. Gen. Stat. § 52-352a — Connecticut Code / Title 52 / Chapter 906 / Section 52-352a
Sec. 52-352a. Definitions for exempt property provisions.
Status: in_force

(1) “Value” means fair market value of the exemptioner's equity or unencumbered interest in the property;

(2) “Necessary” means reasonably required to meet the needs of the exemptioner and his or her dependents including any special needs by reason of health or physical infirmity;

(3) “Exempt” means, unless otherwise specified, not subject to any form of process or court order for the purpose of debt collection;

(4) “Exemptioner” means the natural person entitled to an exemption under this section or section 52-352b ;

(5) “Homestead” means owner-occupied real property, co-op or mobile manufactured home, as defined in subdivision (1) of section 21-64 , used as a primary residence.

Cited. 178 C. 675.
Conn. Gen. Stat. § 52-144 — Connecticut Code / Title 52 / Chapter 899 / Section 52-144
Sec. 52-144. Form of subpoena.
Status: in_force

To A. B. and C. D. of ....:

By authority of the state of Connecticut, you are hereby commanded to appear before the .... court, to be held at .... on the .... day of .... or to such day thereafter and within sixty days hereof on which the action is legally to be tried, to testify what you know in a certain civil action pending in the court, between E. F. of H., plaintiff, and G. A. of M., defendant.

Hereof fail not, under penalty of the law.

To any proper officer or indifferent person to serve and return.

Dated at H., etc.

J. K., (title of officer authorized to sign subpoena).

Cited. 12 CA 364.
Conn. Gen. Stat. § 52-149a — Connecticut Code / Title 52 / Chapter 899 / Section 52-149a
Sec. 52-149a. Depositions of medical witnesses.
Status: in_force

(b) Whenever the deposition of a physician, psychologist, chiropractor, naturopathic physician or dentist is so taken, the party requesting the deposition shall pay to the medical expert the fee for giving testimony for the deposition.

Cited. 203 C. 554; 211 C. 555; 229 C. 716.

Cited. 45 CA 165.
Conn. Gen. Stat. § 52-494 — Connecticut Code / Title 52 / Chapter 918 / Section 52-494
Sec. 52-494. Notice of rules and writs.
Status: in_force

See Sec. 52-65 re service upon nonresident in a quo warranto case.
Conn. Gen. Stat. § 52-225a — Connecticut Code / Title 52 / Chapter 900 / Section 52-225a
Sec. 52-225a. Reduction in economic damages in personal injury and wrongful death actions for collateral source payments.
Status: in_force

(b) Upon a finding of liability and an awarding of damages by the trier of fact and before the court enters judgment, the court shall receive evidence from the claimant and other appropriate persons concerning the total amount of collateral sources which have been paid for the benefit of the claimant as of the date the court enters judgment. For purposes of this subsection, evidence that a physician or physician assistant, dentist, chiropractor, naturopath, physical therapist, podiatrist, psychologist, social worker, mental health professional, an emergency medical technician, optometrist, or advanced practice registered nurse, accepted an amount less than the total amount of any bill generated by such physician, physician assistant, dentist, chiropractor, naturopath, physical therapist, podiatrist, psychologist, social worker, mental health professional, emergency medical technician, optometrist or advanced practice registered nurse, or evidence that an insurer paid less than the total amount of any bill generated by such physician, physician assistant, dentist, chiropractor, naturopath, physical therapist, podiatrist, psychologist, social worker, mental health professional, emergency medical technician, optometrist or advanced practice registered nurse, shall be admissible as evidence of the total amount of collateral sources which have been paid for the benefit of the claimant as of the date the court enters judgment.

(c) The court shall receive evidence from the claimant and any other appropriate person concerning any amount which has been paid, contributed or forfeited, as of the date the court enters judgment, by, or on behalf of, the claimant or members of his immediate family to secure his right to any collateral source benefit which he has received as a result of such injury or death.

Cited. 203 C. 607; 206 C. 16; 212 C. 217; 214 C. 1; 218 C. 531. Collateral source payments under section are applicable to determine amount of damages but not to determine amount of coverage. 225 C. 566. Cited. 229 C. 99. Application and interpretation of section discussed; deemed not unconstitutionally vague. 231 C. 77. Cited. 235 C. 107. Intent to prevent plaintiffs from obtaining double recoveries. 248 C. 409. Only payments specifically corresponding with items of damages included in jury's verdict are to be deducted as collateral sources from the economic damages award, not total amount paid by collateral sources for the medical bills, and burden is on defendant to submit interrogatories to jury concerning specific items of damages included within verdict. 269 C. 1. When any right of subrogation exists, whether in full or in part, for a collateral source, section precludes trial court from ordering any collateral source reduction at all. 324 C. 70.

Cited. 29 CA 484; 31 CA 584; Id., 806; 33 CA 99; 34 CA 444; 37 CA 784; 38 CA 685; 46 CA 76; 47 CA 365. Statute requires reduction of economic damages by the total of all collateral source payments received, less the total of premiums paid to secure the collateral sources. 77 CA 238.

Subsec. (a):

When the amount of collateral sources received by plaintiff is less than or equal to the amount of reduction in claimant's economic damages attributable to claimant's own negligence, there shall be no collateral source reduction in the award. 55 CA 150.

Subsec. (b):

Trial court did not improperly allow evidence of collateral sources to be admitted to jury. 102 CA 93.

Subsec. (c):

Where the only collateral source benefit that plaintiff received as result of automobile accident was medical payments under plaintiff's automobile insurance policy, plaintiff was entitled to offset the collateral source reduction of her economic damage award by the cost of her medical payments coverage only. 263 C. 93.
Conn. Gen. Stat. § 52-557k — Connecticut Code / Title 52 / Chapter 925 / Section 52-557k
Sec. 52-557k. Liability of landowner who allows persons to harvest firewood, fruits or vegetables or engage in maple-sugaring activities.
Status: in_force

(b) Any owner of land who invites or permits any person (1) to enter the land or a part thereof to harvest firewood, with or without charge, or (2) to enter the land or a part thereof to harvest fruits or vegetables or engage in maple-sugaring activities, without charge, on behalf of a nonprofit organization or nonprofit corporation for use by such nonprofit organization or nonprofit corporation or for distribution to other nonprofit organizations or nonprofit corporations, shall not be liable for damages as a result of injury to such person when such injury arises out of the use of the land or out of the act of harvesting firewood, harvesting fruits or vegetables, or engaging in maple-sugaring activities, unless such injury is caused by such owner's failure to warn of a dangerous hidden hazard actually known to such owner.

(c) This section shall not apply to (1) an owner who sells more than one hundred cords of firewood each calendar year, (2) an owner who operates a “pick or cut your own agricultural operation” as defined in section 52-568a , (3) an owner who operates an agricultural operation to which the public is invited and charged for produce harvested and removed from the land, or (4) an owner who operates a maple-sugaring operation to which the public is invited and charged for products derived from the maple-sugaring operation or collects more than a nominal fee from other persons for maple-sugaring on the owner's property.

Cited. 194 C. 129; 238 C. 653; Id., 687.

Cited. 10 CA 86.
Conn. Gen. Stat. § 52-503 — Connecticut Code / Title 52 / Chapter 919 / Section 52-503
Sec. 52-503. Partition or sale of property when estate in settlement.
Status: in_force

Cited. 43 C. 560. Necessity of confirmation of sale by court. 98 C. 152. Cited. Id., 397.

Cited. 5 CA 142. Section is a limitation on partition and sale powers granted to Superior Court and a limitation on Superior Court's otherwise concurrent jurisdiction with Probate Court. 50 CA 132.

Cited. 4 CS 67. Does not apply where only a portion of the property is “an estate in settlement”. 19 CS 421. Cited. 29 CS 465.
Conn. Gen. Stat. § 52-105 — Connecticut Code / Title 52 / Chapter 898 / Section 52-105
Sec. 52-105. Numerous parties may be represented by one.
Status: in_force

A few of the landowners of town may sue in behalf of all similarly affected; statute not applicable when interests of other parties on whose behalf action is brought are inconsistent with those of plaintiffs. 118 C. 526. Cited. 123 C. 484; 125 C. 698. On application by receiver of mortgage company to sell foreclosed real estate, participating certificate holders should be made parties; if numerous, one or more may represent all. 128 C. 375. Cited. 145 C. 191. Signers of one petition used this procedure to sue signers of another petition; held sufficient. Id., 570. Cited. 154 C. 74, 79. Section did not give plaintiff taxpayers standing to challenge constitutional and legal existence of city of Danbury; doctrine of de facto municipal corporations discussed. 156 C. 347. Cited. 159 C. 457. Section, which permits a class action, deals only with a civil action and cannot be applied to a proceeding under Sec. 4-61 l (46a-99), which constitutes a procedure for taking an appeal. 165 C. 516. Cited. 168 C. 212; 174 C. 606; 177 C. 191; 191 C. 1; 192 C. 581; 215 C. 224. Section creates a statutory right to participate in a class action once a trial court deems it appropriate. 285 C. 462.

Does not apply to probate proceedings; statute limited to cases wherein parties are very numerous, not enough that it is impracticable to join all the parties; 6 parties are not very numerous. 13 CS 327. Cited. 25 CS 313; 31 CS 356; 37 CS 46; 41 CS 484; 44 CS 569.
Conn. Gen. Stat. § 52-571m — Connecticut Code / Title 52 / Chapter 925 / Section 52-571m
Sec. 52-571m. Action to recover damages for judgment entered against a person where liability is based on alleged provision, receipt or assistance in provision or receipt of reproductive health care services. Definitions. Exceptions.
Status: in_force

(1) “Reproductive health care services” includes all medical, surgical, counseling or referral services relating to the human reproductive system, including, but not limited to, services relating to pregnancy, contraception or the termination of a pregnancy and all medical care relating to treatment of gender dysphoria as set forth in the most recent edition of the American Psychiatric Association's “Diagnostic and Statistical Manual of Mental Disorders” and gender incongruence, as defined in the most recent revision of the “International Statistical Classification of Diseases and Related Health Problems”; and

(2) “Person” includes an individual, a partnership, an association, a limited liability company or a corporation.

(b) When any person has had a judgment entered against such person, in any state, where liability, in whole or in part, is based on the alleged provision, receipt, assistance in receipt or provision, material support for, or any theory of vicarious, joint, several or conspiracy liability derived therefrom, for reproductive health care services that are permitted under the laws of this state, such person may recover damages from any party that brought the action leading to that judgment or has sought to enforce that judgment. Recoverable damages shall include: (1) Just damages created by the action that led to that judgment, including, but not limited to, money damages in the amount of the judgment in that other state and costs, expenses and reasonable attorney's fees spent in defending the action that resulted in the entry of a judgment in another state; and (2) costs, expenses and reasonable attorney's fees incurred in bringing an action under this section as may be allowed by the court.

(c) The provisions of this section shall not apply to a judgment entered in another state that is based on: (1) An action founded in tort, contract or statute, and for which a similar claim would exist under the laws of this state, brought by the patient who received the reproductive health care services upon which the original lawsuit was based or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; (2) an action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the judgment entered in another state; or (3) an action where no part of the acts that formed the basis for liability occurred in this state.

See Sec. 54-155a prohibiting use of public resources in furtherance of an interstate investigation or proceeding concerning the provision, seeking or receipt of or assistance with reproductive health services.
Conn. Gen. Stat. § 52-582 — Connecticut Code / Title 52 / Chapter 926 / Section 52-582
Sec. 52-582. Petition for new trial.
Status: in_force

(b) (1) Such newly discovered evidence in support of a petition for a new trial may include newly discovered forensic scientific evidence that was not discoverable or available at the time of the original trial or original or previous petition for a new trial, as determined by the court under subdivision (2) of this subsection, including that which might undermine any forensic scientific evidence presented at the original trial.

(2) The court shall consider whether relevant forensic scientific evidence was not discoverable or available at the time of the original trial based upon a consideration of whether the relevant scientific evidence has changed since the applicable trial date or dates, or date of entry of a plea of guilty or nolo contendere, or the date of the most recent petition under this section.

(c) No provision of this section shall be construed to create a civil or criminal liability for an expert witness who repudiates the forensic scientific evidence such witness provided at a previous hearing or trial or included in a previous petition or who offered such evidence that has since been undermined by later scientific research or technological advancements.

(d) For purposes of this section, “forensic” means the application of scientific or technical practices to the recognition, collection, analysis and interpretation of evidence for criminal and civil law or regulatory issues, “forensic scientific evidence” includes scientific knowledge or technical knowledge, reports or testimony by forensic analysts or experts, and scientific standards or a scientific method or technique upon which the relevant scientific evidence is based, and “scientific knowledge” includes knowledge of the general scientific community and all fields of scientific knowledge upon which those fields or disciplines rely.

The “rendition” is the time when judgment was actually entered. 1 R. 54. Complaint for equitable relief from judgment obtained without notice should be seasonably brought. 46 C. 605. Petition for new trial may be brought under this section despite Sec. 52-212, though judgment was by default. 93 C. 160; 97 C. 123. Cited. 138 C. 573; 140 C. 464. Effect of 3-year limitation not decided. 142 C. 20. “Rendition of judgment” is judgment at the trial court where it is sustained on appeal. 181 C. 58. Cited. 214 C. 464; 229 C. 397; 230 C. 427.

Cited. 3 CA 322; 24 CA 152; 25 CA 155; 27 CA 621. Statute of limitations was not tolled by respondent's alleged fraudulent concealment of evidence because petitioner failed to present evidence that respondent had fraudulently concealed evidence. 111 CA 656. Section's mandatory language and lack of a good cause exception indicate the legislature intended the three year limitations period set forth in the section to be a jurisdictional bar; petitioner's failure to comply with the time limitation deprived the trial court of subject matter jurisdiction to consider the petition for a new trial or to apply any equitable tolling doctrine to extend the limitations period. 172 CA 352. Legislature intended for newly discovered evidence under this section to include only newly discovered forensic evidence. 215 CA 592. Three year limitation period prescribed in section may be tolled by a showing of fraudulent concealment pursuant to Sec. 52-595. 216 CA 126.

Must be determined solely upon its own issues and without regard to questions raised by appeal from judgment. 20 CS 469. Imposition of sentence is final judgment in criminal cases and stay of execution does not affect time limit for bringing appeal. 36 CS 53. Cited. 37 CS 891; 38 CS 534.

Motion for new trial not equivalent to petition for new trial. 3 Conn. Cir. Ct. 388.
Conn. Gen. Stat. § 52-409 — Connecticut Code / Title 52 / Chapter 909 / Section 52-409
Sec. 52-409. Stay of proceedings in court.
Status: in_force

Cited. 142 C. 5. An order staying proceedings held not a final order and therefore not appealable. 148 C. 218. Cited. 156 C. 224; 163 C. 327. Any right to arbitration had been waived by plaintiff's proceeding nearly to completion in a court trial on the precise issues previously claimed for arbitration. 164 C. 426. Cited. 181 C. 445; 191 C. 316; 208 C. 352; 223 C. 761; 230 C. 106. Party opposing arbitration on the ground of waiver must demonstrate that it will be prejudiced by enforcement of the arbitration clause. 313 C. 54.

Cited. 2 CA 230; 3 CA 511; 4 CA 339; 5 CA 333; 20 CA 23; 34 CA 11; 38 CA 555. Application to claim that court lacks jurisdiction to hear plaintiff's appeal to compel arbitration where plaintiff has filed complaint in Superior Court raising identical claim that it seeks to arbitrate. 49 CA 78. The power to order a stay implies the court has jurisdiction over a matter; trial court improperly concluded it lacked subject matter jurisdiction over an action brought where contract included arbitration clause to resolve disputes. 113 CA 195. Party waived arbitration clause in its contract by its conduct of unjustifiable delay in seeking arbitration when such party participated in 2 years of pretrial activities, including requesting a 2-month continuance, and failed to file a proper motion for stay until the fact-finding hearing was half completed. 128 CA 537.

Cited. 8 CS 2; 10 CS 396. If requirements of statute are met, action by a party to a written arbitration agreement will be stayed until arbitration has been had. 20 CS 44. Policy of the state is to encourage arbitration as a speedy, informal procedure for the adjustment of disputes; hence court refused to enjoin arbitration proceedings pending determination of issues raised by an action for a declaratory judgment. 21 CS 134. Arbitration clause may be waived by the parties or by the one entitled to its benefit; unjustifiable delay in seeking arbitration may warrant a finding of waiver. 23 CS 71. Where, in an action for the balance due under a contract, defendant filed plea in abatement specifying that under provisions of the contract, a condition precedent to any right of legal action was a decision by arbitrators, the plea was proper and it was not mandatory for him to ask for a stay of the proceedings until arbitration had been had. 26 CS 44. Agreement by state university trustees to submit disputes arising from contract with architect to arbitration is binding on the state. 28 CS 173. Cited. 36 CS 266.
Conn. Gen. Stat. § 52-572c — Connecticut Code / Title 52 / Chapter 925 / Section 52-572c
Sec. 52-572c. Parent-child immunity abrogated in certain negligence actions.
Status: in_force

In absence of express statutory exceptions, doctrine of parental immunity from actions at law by child prevail. 157 C. 445. Cited. 200 C. 290; 207 C. 518; 224 C. 483; 230 C. 472; 234 C. 259. Doctrine of parental immunity bars action to recover for personal injuries sustained by child as result of fire that occurred at the home of child's noncustodial parent during a scheduled visit. 244 C. 692.

“Operator of motor vehicle” for purposes of statute discussed. 9 CA 290. Cited. 20 CA 619; 34 CA 866.
Conn. Gen. Stat. § 52-513 — Connecticut Code / Title 52 / Chapter 920 / Section 52-513
Sec. 52-513. Court may remove receiver at pleasure and fill vacancy.
Status: in_force

Due notice should be given prior to removal; procedure; receiver cannot appeal from removal. 70 C. 473. Includes appointment in chambers of new temporary receiver where one originally appointed has died. 76 C. 257. Cited. 196 C. 172.
Conn. Gen. Stat. § 52-621 — Connecticut Code / Title 52 / Chapter 930 / Section 52-621
Sec. 52-621. Notice and opportunity for hearing.
Status: in_force

(b) The court may issue an order under sections 52-619 to 52-646 , inclusive:

(1) Without prior notice if the circumstances require issuance of an order before notice is given;

(2) After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held; or

(3) After notice and without a hearing if no interested party timely requests a hearing.
Conn. Gen. Stat. § 52-280 — Connecticut Code / Title 52 / Chapter 904 / Section 52-280
Sec. 52-280. Service of writ of attachment.
Status: in_force

Attachment of personal property must be consummated by taking possession, if practicable. 3 C. 65, 431; 4 C. 361; 7 C. 273; 8 C. 324; 14 C. 225; 28 C. 512; 40 C. 213; 107 C. 302. Interest of vendee under conditional sale not attachable; 40 C. 148. Goods subject to a lien may be attached. 16 C. 85. Interest of joint tenant or partner may be attached. 10 C. 37, 44; 14 C. 404; 18 C. 294. Equitable interests. 17 C. 283; 33 C. 379. Property of any or all of several defendants may be taken. 20 C. 486. Successive attachments on different writs. 9 C. 533; 11 C. 25; 20 C. 364; 36 C. 582; 107 C. 302. Body, if taken, may be released and property attached. 1 C. 259. If real estate of a nonresident is attached, his agent in charge of it must be served. 31 C. 396. An attachment of real estate gives no title to it; 5 D. 80; but may grant an equitable right to an injunction. 11 C. 60. Mortgagor's right of redemption is attachable. 43 C. 281. Service at place other than defendant's “usual abode” is nugatory. 44 C. 140. Harmless mistake in copy no ground for equitable relief. 48 C. 25. Attachment of land creates a lien only for the amount directed by the writ to be attached. 52 C. 17. Insufficient description of “estate attached.” 62 C. 21. Law must be strictly followed. 75 C. 107; Id., 656. Amendment of return. 65 C. 193; 84 C. 618; 85 C. 327. Failure to return makes attaching officer a trespasser. 72 C. 338. Liabilities for wrongful attachment. 68 C. 1; 70 C. 341; 75 C. 107; 77 C. 370; 90 C. 573. Validity determined as of time when made. 76 C. 133. Attaching creditor stands in shoes of debtor. 79 C. 290; Id., 570; 80 C. 389; 91 C. 571. Refusal to give officer property attached but gone from his possession not an obstruction of process. 74 C. 64. Right of officer with writ to break door of dwelling-house. 92 C. 388. Steps necessary for a valid attachment of personal property. 99 C. 376; Id., 591. Officer's receipt does not constitute lien on property attached; property not removed is open to attachment by another creditor even though he has notice of first attachment. 107 C. 302. Cited. 141 C. 407.

Cited. 6 CA 622.

Invalidity in the process of attachment does not make the entire action abatable. 11 CS 261. Cited. 16 CS 95; Id., 241.
Conn. Gen. Stat. § 52-400c — Connecticut Code / Title 52 / Chapter 906 / Section 52-400c
Sec. 52-400c. Attorney's fees.
Status: in_force

Determination of whether a claim or defense was made for the purpose of harassment or solely for delay is a question of fact, so due process requires that evidentiary hearing be held on a motion for fees pursuant to section. 54 CA 121.
Conn. Gen. Stat. § 52-278b — Connecticut Code / Title 52 / Chapter 903a / Section 52-278b
Sec. 52-278b. Availability of prejudgment remedy.
Status: in_force

Cited. 176 C. 432; 181 C. 524; 184 C. 85; 188 C. 69; 208 C. 13; 222 C. 361; Id., 541; 232 C. 216.

Cited. 1 CA 188; 4 CA 510; 14 CA 579; 28 CA 809; 32 CA 118; 33 CA 223; 34 CA 801; 46 CA 399.

Cited. 38 CS 98. Subdiv. (2): Since commissions a real estate salesperson receive are debts accruing by reason of personal service, they are “earnings” under Sec. 52-350a(5) and are exempt from garnishment in a prejudgment remedy application. 50 CS 460.
Conn. Gen. Stat. § 52-571g — Connecticut Code / Title 52 / Chapter 925 / Section 52-571g
Sec. 52-571g. Strict liability of person who fails to securely store a firearm.
Status: in_force

See Sec. 53a-217a re criminally negligent storage of firearm.
Conn. Gen. Stat. § 52-552k — Connecticut Code / Title 52 / Chapter 923a / Section 52-552k
Sec. 52-552k. Supplementary provisions.
Status: in_force

Applying the law of agency does not displace and is not inconsistent with the provisions or policies of Secs. 52-552a to 52-552 l and not applying the laws of agency would undermine the purposes of said Secs. without providing any commensurate benefit; law of agency applies to defendant's transfers of debtor's assets pursuant to a power of attorney for purposes of plaintiff's fraudulent transfer claim. 332 C. 1.
Conn. Gen. Stat. § 52-584c — Connecticut Code / Title 52 / Chapter 926 / Section 52-584c
Sec. 52-584c. Limitation of actions brought by the state or political subdivision of the state arising out of construction-related work.
Status: in_force

(b) For any improvement to real property substantially completed on or after October 1, 2017, and subject to any statutory or common law rules tolling limitations periods, no action or claim, whether in contract, in tort, or otherwise, to recover damages for any deficiency arising out of construction-related work, or for any injury to property, real or personal, or for any injury to the person, or bodily injury or wrongful death, arising out of any such deficiency, shall be brought by the state or any political subdivision of the state more than ten years after the date of substantial completion of such improvement.

(c) No action or claim described in subsection (b) of this section for an improvement to real property substantially completed prior to October 1, 2017, shall be brought by the state or any political subdivision of the state after October 1, 2027.

(d) For any improvement to real property substantially completed on or after October 1, 2017, and subject to any statutory or common law rules tolling limitations periods, an action or claim for indemnity or contribution arising out of construction-related work shall be brought by the state or any political subdivision of the state not more than ten years after the date of substantial completion of such improvement or not later than three years after the date of the determination of the action or claim against the state or political subdivision of the state that is seeking indemnification by either judgment or settlement, whichever occurs later. For any improvement to real property substantially completed prior to October 1, 2017, and subject to any statutory or common law rules tolling limitations periods, an action or claim for indemnity or contribution arising out of construction-related work shall be brought by the state or any political subdivision of the state not later than October 1, 2027, or not later than three years after the date of the determination of the action or claim against the state or political subdivision of the state that is seeking indemnification by either judgment or settlement, whichever occurs later.

(e) The limitations prescribed in subsections (b) to (d), inclusive, of this subsection shall not bar an action or claim (1) on a written warranty, guarantee or other agreement, including a tolling agreement, that expressly provides for a longer effective period; (2) based on wilful misconduct in connection with the performance or furnishing of construction-related work; (3) under any environmental remediation law or pursuant to any contract entered into by the state or any political subdivision of the state in carrying out its responsibilities under any environmental remediation law; or (4) pursuant to any contract for enclosure, removal or encapsulation of asbestos.

(f) For the purposes of subsections (b) to (d), inclusive, of this section, an improvement to real property shall be considered substantially complete when such real property is first (1) used by the state or any political subdivision of the state, or a tenant thereof; or (2) available for use after having been completed in accordance with the contract or agreement covering the improvement, including any agreed changes to the contract or agreement, whichever occurs first, except that any public highway, bridge improvement or improvement to railroad right-of-way, ferry, port or airport infrastructure shall be considered substantially complete upon the issuance of a certificate of acceptance of the work relieving the contractor of maintenance responsibility.

(g) Except as provided in this section, there shall be no limitation to actions brought in the name or for the benefit of the state, and no claim of right predicated upon the lapse of time shall be asserted against the state.
Conn. Gen. Stat. § 52-407hh — Connecticut Code / Title 52 / Chapter 909 / Section 52-407hh
Sec. 52-407hh. Provisional remedies.
Status: in_force

(b) After an arbitrator is appointed and is authorized and able to act:

(1) The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and

(2) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.

(c) A party does not waive a right of arbitration by making a motion under subsection (a) or (b) of this section.
Conn. Gen. Stat. § 52-572o — Connecticut Code / Title 52 / Chapter 925 / Section 52-572o
Sec. 52-572o. Comparative responsibility. Award of damages. Action for contribution.
Status: reserved

(b) In any claim involving comparative responsibility, the court may instruct the jury to give answers to special interrogatories, or if there is no jury, the court may make its own findings, indicating (1) the amount of damages each claimant would receive if comparative responsibility were disregarded, and (2) the percentage of responsibility allocated to each party, including the claimant, as compared with the combined responsibility of all parties to the action. For this purpose, the court may decide that it is appropriate to treat two or more persons as a single party.

(c) In determining the percentage of responsibility, the trier of fact shall consider, on a comparative basis, both the nature and quality of the conduct of the party.

(d) The court shall determine the award for each claimant according to these findings and shall enter judgment against parties liable on the basis of the common law joint and several liability of joint tortfeasors. The judgment shall also specify the proportionate amount of damages allocated against each party liable, according to the percentage of responsibility established for such party.

(e) If a judgment has been rendered, any action for contribution must be brought within one year after the judgment becomes final. If no judgment has been rendered, the person bringing the action for contribution either must have (1) discharged by payment the common liability within the period of the statute of limitations applicable to the right of action of the claimant against him and commenced the action for contribution within one year after payment, or (2) agreed while action was pending to discharge the common liability and, within one year after the agreement, have paid the liability and brought an action for contribution.

Cited. 187 C. 363; 192 C. 280; 200 C. 562; 203 C. 156; 204 C. 399. Sec. 52-572m et seq., product liability act, abrogated common law indemnification principles in this area. 205 C. 694. Cited. Id., 699; 207 C. 575; Id., 599; 208 C. 82; 210 C. 189; 212 C. 462; Id., 509; 213 C. 136; 216 C. 65; 225 C. 401; 226 C. 282; 229 C. 213; Id., 500; Id., 829; 233 C. 732; 236 C. 769; 241 C. 199; 243 C. 168. Section does not contemplate, and is inconsistent with, apportionment of a percentage of plaintiff's total damages to his employer who has intervened in the action to recoup worker's compensation payments made by employer; other than provision in Subsec. (c) requiring fact finder to consider both the nature and quality of the conduct of each party, section does not limit the type of conduct that may be considered in determining plaintiff's measure of comparative responsibility. 280 C. 1. Modified consumer expectation test, recognized in 241 C. 199, is the primary strict product liability test; ordinary consumer expectation test is reserved for those limited cases in which product fails to meet consumer's legitimate, commonly accepted minimum safety expectations. 321 C. 172.

Cited. 1 CA 48; 3 CA 230; 8 CA 642; 16 CA 558; 30 CA 664; 31 CA 824; 32 CA 373; judgment reversed, see 229 C. 829; 36 CA 601; 39 CA 635; 40 CS 74; 41 CA 555; Id., 856; 46 CA 18; Id., 699.

Cited. 40 CS 120; 41 CS 179; 42 CS 153; 44 CS 510. Legislature, in enacting section, abrogated claims for common-law indemnification. 49 CS 394.

Subsec. (d):

Purposes of this Subsec. and Subsec. (e) are to ensure, to the extent possible, that plaintiff is made whole by recovering the full amount of his net award, from all or any one of the defendants, and to provide that if any liable defendant pays more than its proportional share of that net award, it may seek appropriate contributions from the other liable defendants; employer who has intervened in the case to recoup workers' compensation benefits paid to plaintiff is not a party against which proportional liability may be assigned under section. 280 C. 1.
Conn. Gen. Stat. § 52-237 — Connecticut Code / Title 52 / Chapter 901 / Section 52-237
Sec. 52-237. Damages in actions for libel.
Status: in_force

“Malice in fact” defined. 27 C. 27, 28; 106 C. 132. Publishing a false charge of crime against another, in a newspaper, proves such malice. 30 C. 419. Evidence of special damage. 27 C. 26; 30 C. 419. “Malice in fact” is not malignity or personal ill will, but an improper and unjustifiable motive. 57 C. 73; 85 C. 24; 88 C. 251. What evidence admissible as a justification under “proof of intention”. 57 C. 92. Circumstances held to justify a finding of “malice in fact”. 60 C. 491. Existence of malice in fact is for the trial court. Id., 493; 87 C. 222. Proof of malice considered in reference to claim of a privileged communication. 66 C. 175; 67 C. 510; 81 C. 293; 85 C. 24; 87 C. 220; 91 C. 430; 106 C. 132. Rule of damages where no special damages proved. 85 C. 23; 79 C. 523; 107 C. 123. Repetition of words as evidence of actual malice. 86 C. 261. When exemplary damages proper. 72 C. 731. Privilege. 64 C. 223; 72 C. 335; 78 C. 365; 88 C. 247. Defendant may testify to motive or feeling prompting his conduct. 91 C. 432. Words libelous per se; presumption of malice and damages; compensatory and punitive damages where actual malice shown; 92 C. 236; 107 C. 123; effect of privileged occasion as to malice; actual malice question of fact. 92 C. 331. Cited. 97 C. 38; 106 C. 129. Libel per se against attorney. Id., 131. Words slanderous per se will support substantial recovery without proof of special damage. 107 C. 123. A charge of a person having committed a crime is libelous per se, from which the law presumes damage without special proof. 113 C. 580. When a libel is expressed in clear and unambiguous terms, the question whether it is libelous per se is one of law for the court. 136 C. 557. No basis for appeal where plaintiff failed to make clear objections to charge by court below concerning effect of statute. 157 C. 507. Cited. 162 C. 388.

Cited. 11 CA 584; 25 CA 16. Televised news broadcasts could give rise to claim of defamation sounding in libel. 110 CA 283.

If special damages are not alleged, malice in fact must be proved. 15 CS 448. A libel is actionable per se if it charges improper conduct or lack of skill or integrity in one's profession or business and is of such a nature that it is calculated to cause injury to one in his profession or business; the essential elements of a qualifiedly privileged communication are good faith, an interest to be upheld, a statement limited in its scope to that purpose, a proper occasion, and publication in a proper manner to proper parties. 22 CS 248. Cited. 33 CS 4.
Conn. Gen. Stat. § 52-165 — Connecticut Code / Title 52 / Chapter 899 / Section 52-165
Sec. 52-165. Records of corporations and public offices.
Status: in_force

Certificate of the clerk indispensable, if it can be had. 26 C. 416. The record must be copied at length. 21 C. 112; 67 C. 459. Proceedings of municipal corporation, which should be recorded, cannot be proved by parol. 40 C. 105. Refers only to domestic entries, files or records. 73 C. 602. Applies to registrar of births, marriages and deaths. 74 C. 706; Id., 718; 98 C. 542; 99 C. 277; 103 C. 516. Stock books of corporation admissible in action against stockholder. 73 C. 379. Records of board of aldermen or city council. 64 C. 237; 81 C. 142. Docket entries of referee in bankruptcy. 69 C. 502; 75 C. 611. Abstract of tax list. 76 C. 174. Reports of selectmen of town. 72 C. 561; 121 U.S. 121. Record of town meeting. 78 C. 98. Records of deeds. 75 C. 68; 78 C. 106. Every state determines what shall constitute record in its courts. 69 C. 493. Records of foreign courts. Id.; 73 C. 588. Effect of copy. 74 C. 718. Certificate of registrar of births admissible to prove any official fact stated therein; as paternity of child. 98 C. 542. Copy of report of state chemist stating alcoholic content of liquor held admissible. 103 C. 515. Certificate of medical examiner stating that in his opinion death was suicidal is admissible to establish that fact; but jury should be cautioned that it is statement of opinion. 102 C. 486. Cited. 128 C. 279. Report of laboratory test which had been made by public agency under duty to perform such tests is competent evidence of its contents under public records exception to hearsay rule. 160 C. 1. Cited. 166 C. 439; 176 C. 131; 181 C. 454; 201 C. 1; 204 C. 507; 211 C. 555.

Cited. 25 CA 217. Certificate was properly admitted into evidence because section has no provision requiring corporate officer to state he is authorized to act in the manner in which he is acting, but merely prescribes that the act may be proved by a document under seal. 51 CA 733.

Cited. 38 CS 384; 42 CS 602.

Cited. 4 Conn. Cir. Ct. 487.
Conn. Gen. Stat. § 52-175 — Connecticut Code / Title 52 / Chapter 899 / Section 52-175
Sec. 52-175. Entries and memoranda of mentally ill and incapable persons.
Status: in_force

(b) If the entries and memoranda of any such mentally ill person or person unable to testify would be admissible, under the provisions of this section, in his favor in any action to which he is a party, the entries and memoranda may be admitted in favor of any person claiming title under or from the mentally ill person or person unable to testify.

(c) The court shall determine, upon competent evidence, as a preliminary question of fact, whether the provisions of this section apply to any party or parties to any action on trial before it.

Cited. 168 C. 498; 211 C. 555.

Statute does not apply if person making the statement is not a party. 49 CA 365.
Conn. Gen. Stat. § 52-474 — Connecticut Code / Title 52 / Chapter 916 / Section 52-474
Sec. 52-474. Interested persons may appear and be heard.
Status: in_force

When holder of bonds of street railway company is not entitled to become a codefendant with the railway company. 56 C. 397. Cited. 180 C. 568; 186 C. 725; 225 C. 700.

Cited. 29 CA 105.

Cited. 6 Conn. Cir. Ct. 105.
Conn. Gen. Stat. § 52-195 — Connecticut Code / Title 52 / Chapter 900 / Section 52-195
Sec. 52-195. Effect of failure to accept defendant's offer of compromise.
Status: in_force

(b) Unless the plaintiff recovers more than the sum specified in the offer of compromise, with interest from its date, the plaintiff shall recover no costs accruing after the plaintiff received notice of the filing of such offer, but shall pay the defendant's costs accruing after the plaintiff received notice. Such costs may include reasonable attorney's fees in an amount not to exceed three hundred fifty dollars.

(c) This section shall not be interpreted to abrogate the contractual rights of any party concerning the recovery of attorney's fees in accordance with the provisions of any written contract between the parties to the action. The provisions of this section shall not apply to cases in which nominal damages have been assessed upon a hearing after a default or after a demurrer has been overruled.

Cited. 163 C. 445. The phrase “such costs may include reasonable attorney's fees” modifies only the term “defendant's costs” in the immediately preceding clause of statute. 188 C. 213. Cited. 239 C. 708. Plaintiff must establish all of the elements of a negligence claim, including causation and actual injury, in order to recover and, therefore, the technical legal injury concept does not apply to a negligence action. 277 C. 364.

Cited. 8 CA 254.

Cited. 10 CS 166. Reasonableness of offer of judgment discussed. 39 CS 467.

Subsec. (b):

Subsec. requires payment of costs that are authorized elsewhere in statute if plaintiff fails to recover more than the offer of compromise, and because no statute authorizes costs for expenses of daily expedited trial transcripts, defendants' attorney's attendance at videoconference deposition or defendants' and defendants' employee trial testimony, trial court improperly authorized such costs. 289 C. 61.
Conn. Gen. Stat. § 52-251d — Connecticut Code / Title 52 / Chapter 901 / Section 52-251d
Sec. 52-251d. Attorney's fees in action to establish parentage or establish, modify or enforce child support orders in temporary family assistance cases.
Status: in_force

(b) The provisions of subsection (a) of this section shall not be deemed: (1) To create a new cause of action against any individual; or (2) to confer any new jurisdiction upon the Superior Court in any action against any individual.
Conn. Gen. Stat. § 52-221 — Connecticut Code / Title 52 / Chapter 900 / Section 52-221
Sec. 52-221. Hearing in damages: Evidence. Notice.
Status: in_force

(b) The judges of the Supreme Court shall make such rules as to the manner of filing such notices and as to the form thereof as they deem advisable.

Prescribes a mere rule of procedure and affects pending suits. 70 C. 564; 71 C. 617. Defense of res judicata is available under statute. 71 C. 489. Statute overrides conflicting rules, and the required notice is essential to the introduction of evidence. Id., 621. Cited. 72 C. 79; 73 C. 687; 138 C. 35. Nature of proceedings. 69 C. 556; 75 C. 76; 78 C. 289. Nature and sufficiency of notice. 73 C. 338; 75 C. 481; 77 C. 110. Hearing virtually a trial. 78 C. 289. Notice may be filed though demurrer is pending. 77 C. 110. Allowing amendment to complaint after hearing. 69 C. 556. Judgment for nominal damages as judgment for defendant. 72 C. 388. Default as waiving defects in pleading; 73 C. 428; 75 C. 76; 77 C. 358; 77 C. 501; 78 C. 48; 78 C. 289; as admitting allegations of complaint. 68 C. 345; 69 C. 556; 72 C. 74; 77 C. 435; 78 C. 318; 86 C. 308; 100 C. 313. Burden of proof. 68 C. 345; 70 C. 54; 71 C. 632; 72 C. 74; Id., 397; 73 C. 203; Id., 453; Id., 680; 75 C. 289; Id., 481; 76 C. 317; 77 C. 145; Id., 358; 78 C. 318; Id., 617; Id., 709; 80 C. 470; 81 C. 432. Notice must set out fellow servant doctrine as defense. 77 C. 358. Proving invalidity of release set up in defense, without pleading. 81 C. 423. Liability of defendant not in issue unless notice of intent to contest liability has been given. 138 C. 29. Defendant who suffers a default is entitled to a hearing in damages in accordance with the statutes and rules of the court; hearing in damages held 10 days after the return day was premature. 148 C. 435. While defaulted defendant called as witness could not disclaim his liability, he could nevertheless be so called by plaintiffs under Sec. 52-178. 149 C. 459. Supreme Court refused to consider issue raised for first time in appeal brief that judgment was rendered after hearing immediately following order of default; appeals court not required to consider errors which are not assigned or pass on questions not ruled on by trial court. 156 C. 6. Cited. 159 C. 355; 195 C. 191.

Cited. 6 CA 390; 9 CA 1; 18 CA 245; 19 CA 515.
Conn. Gen. Stat. § 52-146j — Connecticut Code / Title 52 / Chapter 899 / Section 52-146j
Sec. 52-146j. Judicial relief.
Status: in_force

(b) Any person aggrieved by a violation of sections 52-146d to 52-146j , inclusive, may prove a cause of action for civil damages.

Psychiatrist-patient privilege not waived and testimony of psychiatrist hired by state, but not as a result of court order, held inadmissible. 178 C. 626. Cited. 211 C. 555; 236 C. 625; 238 C. 313.

Cited. 1 CA 384; 14 CA 552; 19 CA 304.
Conn. Gen. Stat. § 52-190c — Connecticut Code / Title 52 / Chapter 900 / Section 52-190c
Sec. 52-190c. Mandatory mediation for negligence action against health care provider. Stipulation by mediator and parties. Rules.
Status: in_force

(b) Prior to the close of pleadings in such civil action, the presiding judge of the civil session of the court of the judicial district in which the action is pending shall refer the action to mandatory mediation or any other alternative dispute resolution program agreed to by the parties. The duration of the referral shall not exceed one hundred twenty days unless the court, for good cause shown, extends the duration of the referral. The court shall stay the time periods within which all further pleadings, motions, requests, discovery and other procedures must be filed or undertaken, including, but not limited to, filings under section 52-192a , except with respect to any apportionment complaint under section 52-102b .

(c) Mediation under this section shall begin as soon as practicable, but not later than twenty business days after the date the action is referred under subsection (b) of this section. The first mediation session shall be conducted by the presiding judge or, at the discretion of the presiding judge, a different judge of the Superior Court or a senior judge or judge trial referee. At the first mediation session, the judge, senior judge or judge trial referee conducting the mediation session shall determine whether the action can be resolved at such mediation session, or, if the action cannot be resolved at that mediation session, whether the parties agree to participate in further mediation. If the action is not resolved at the first mediation session and the parties do not agree to further mediation, mandatory mediation under this section shall end. If the action is not resolved at the first mediation session and the parties agree to further mediation, the presiding judge of such civil session shall refer the action for mediation before an attorney who has experience as an attorney related to such civil actions and who has been a member of the bar of the state of Connecticut for at least five years. Upon such referral, mediation shall begin as soon as practicable, but not later than twenty business days after the referral. Fifty per cent of the cost of such mediation shall be paid by the plaintiffs, and fifty per cent of the cost of such mediation shall be apportioned among all defendants who are parties to the mediation.

(d) Each party to such action, and a representative of each insurer that may be liable to pay a claim on behalf of a defendant pursuant to such action, shall appear in person at each mediation session, unless participation by telephone or electronic means is permitted by the judge, senior judge, judge trial referee or mediator.

(e) If such mediation does not settle or conclude the civil action, and if all parties in attendance at such mediation agree, the mediator and all such parties may file a stipulation with the court setting forth any matter or conclusion that the parties and the mediator believe may be useful or relevant to narrow the issues, expedite discovery or assist the parties in preparing the civil action for trial.

(f) The judges of the Superior Court may adopt such rules as they deem necessary for the conduct of mediation pursuant to this section. Such rules shall be adopted in accordance with section 51-14 .
Conn. Gen. Stat. § 52-502 — Connecticut Code / Title 52 / Chapter 919 / Section 52-502
Sec. 52-502. Orders to protect parties and effectuate sale. Sale by committee.
Status: in_force

(b) On any such complaint, the court may appoint a committee to make the sale, who shall pay into court the proceeds therefrom. The proceeds from the sale, after deducting such reasonable costs and expenses as the court directs, shall be distributed by order of court among all persons interested in the property, in proportion to their interests.

(c) If the names or residences of any of the parties entitled to share in the fund are unknown to the court and cannot be ascertained, it shall make such order relative to the custody or investment of the share of the unknown parties as it deems reasonable.

Court should distribute fund on equitable principles; sale subject to mortgage. 74 C. 16. Sale where holder of recorded, unexpired option to purchase interest of one joint owner is made codefendant. 97 C. 517. Cited. 134 C. 177; 157 C. 593; 189 C. 490; 224 C. 219.

Cited. 5 CA 142; 10 CA 198; 17 CA 4; 23 CA 129; 26 CA 149.

Cited. 14 CS 170; 19 CS 421; 29 CS 465.

Subsec. (b):

Court did not abuse its discretion in enforcing foreign domesticated judgment in distribution of partition proceeds without judgment creditor bringing a postjudgment action to enforce such judgment. 86 CA 617.
Conn. Gen. Stat. § 52-557h — Connecticut Code / Title 52 / Chapter 925 / Section 52-557h
Sec. 52-557h. Owner liable, when.
Status: in_force

Cited. 221 C. 256; decision reconsidered and overruled, see 238 C. 653; 226 C. 446; 238 C. 653; Id., 687.

Subdiv. (1): Does not authorize recovery for nuisance. 7 CA 164. Cited. 10 CA 86. Sec. 52-557f et seq. apply to all landowners including governmental entities. 24 CA 592. Cited. 39 CA 280; 45 CA 17.
Conn. Gen. Stat. § 52-557a — Connecticut Code / Title 52 / Chapter 925 / Section 52-557a
Sec. 52-557a. Standard of care owed social invitee.
Status: in_force

Postman a licensee comparable to a social invitee. 154 C. 185. Standard of care owed to social invitee is same as standard of care as owed to business invitee. 160 C. 61. Cited. 194 C. 129. Does not abrogate common law regarding status of firefighters and police officers; status of such licensees is unaffected by manner in which they came upon the premises. 218 C. 610.

Cited. 54 CA 335.
Conn. Gen. Stat. § 52-598 — Connecticut Code / Title 52 / Chapter 926 / Section 52-598
Sec. 52-598. Execution or action upon judgment for money damages. Motion to revive judgment.
Status: in_force

(b) No execution to enforce a judgment for money damages rendered in a small claims session may be issued after the expiration of ten years from the date the judgment was entered, and no action based upon any such judgment may be instituted after the expiration of fifteen years from the date the judgment was entered.

(c) With respect to a judgment for money damages rendered in any court of this state, including, but not limited to, a small claims session, a motion to revive such judgment may be filed with the Superior Court prior to the expiration of any applicable period of time to enforce such judgment as set forth in this section. The court may grant the motion to revive the judgment if the court finds that the applicable time period to enforce the judgment under this section has not expired. No order to revive a judgment may extend the time period to enforce a judgment beyond the applicable time period set forth in this section.

Cited. 15 CA 752; 38 CA 44; 45 CA 543. Subsec. (c) is a procedural statute that confers continuing jurisdiction on the court, and may properly be applied retroactively. 132 CA 192; judgment affirmed, see 309 C. 840.
Conn. Gen. Stat. § 52-422 — Connecticut Code / Title 52 / Chapter 909 / Section 52-422
Sec. 52-422. Order pendente lite.
Status: reserved

Cited. 140 C. 446. Order entered pursuant to section temporarily reinstating plaintiff was immediately appealable as a final judgment. 228 C. 106. Cited. 232 C. 175; 233 C. 370. Although court had subject matter jurisdiction over an arbitration dispute because an award had not yet been rendered and the allegation was that injunctive relief was necessary to protect rights pending the rendering of the award, in this case concerning matters reserved to arbitration, there was no basis on which to conclude that injunctive relief sought by plaintiff was essential or indispensable to safeguard rights. 271 C. 329.

A motion to dismiss predicated upon the absence of standing is not a proceeding that must comply with section because a motion to dismiss is not a pendente lite proceeding. 162 CA 430. Requirements set forth in Sec. 52-278j are inapplicable to proceedings under this section. 204 CA 471. Regardless of whether the arbitration had not yet begun or had already concluded, no pending arbitration existed at the time the petition for order pendente lite was filed and thus, court lacked jurisdiction to consider plaintiff's petition. 210 CA 788.
Conn. Gen. Stat. § 52-577d — Connecticut Code / Title 52 / Chapter 926 / Section 52-577d
Sec. 52-577d. Limitation of action for damages to person under twenty-one years of age caused by sexual abuse, exploitation or assault.
Status: in_force

Cited. 214 C. 464. Court concluded that section as amended by expanding period of liability did not create a substantive change in the law that would preclude its retroactive application. 224 C. 483. Cited. 230 C. 472. Actions may be brought no later than 30 years from the date plaintiff personally attained the age of majority. 279 C. 207. Retroactive application of section to revive plaintiff's otherwise time barred claims does not violate defendant's substantive due process rights under Connecticut Constitution; defendant did not have a vested right to a defense under the lapsed statute of limitations. 317 C. 357. Section applicable to actions against the perpetrators of sexual abuse of minors as well as actions against parties whose negligent acts or omissions legally caused the personal injuries suffered by the victims of sexual abuse. 323 C. 303.

Cited. 39 CA 183. Whether plaintiff did or did not repress memories of the sexual abuse is irrelevant, as the section does not mention or require repressed memories, nor does it bar plaintiffs who have not repressed memories of the abuse from relying on it. 178 CA 547.

Cited. 44 CS 527; 45 CS 136.
Conn. Gen. Stat. § 52-566 — Connecticut Code / Title 52 / Chapter 925 / Section 52-566
Sec. 52-566. Treble damages for wilful removal or destruction of bridge.
Status: in_force

See Secs. 53a-115 to 53a-117a, inclusive, re criminal mischief.

Is constitutional. 82 C. 5. Not a penal statute. 87 C. 468. Owned construed to include truck loaned to state by federal government. 163 C. 576. Requirement and definition of “wilfulness” discussed. 189 C. 671.

Cited. 43 CA 1.
Conn. Gen. Stat. § 52-570 — Connecticut Code / Title 52 / Chapter 925 / Section 52-570
Sec. 52-570. Action for malicious erection of structure.
Status: in_force

See Sec. 52-480 re injunction against malicious erection of structure.

What constitutes “malice” and evidence of it; 75 C. 424; a question of fact ordinarily not reviewable. 82 C. 290. Court rejected defendant's argument that the effect of this section and Sec. 52-480 is to create for plaintiff an unlawful visual easement across defendant's land. 174 C. 29.

Cited. 43 CA 1; 46 CA 164.

Elements necessary to state a cause of action under section enumerated. 21 CS 110. Testimony credible that fence was erected, in part, for legitimate purpose of safeguarding children and dogs; essential elements of cause of action under section are (1) structure erected on defendant's land, (2) malicious erection of structure, (3) intent to injure enjoyment of adjacent landowner's land by erection of structure, (4) impairment of value of adjacent land because of structure, (5) structure is useless to defendant, and (6) enjoyment of adjacent landowner's land is in fact impaired. 51 CS 399.

Provides legal remedy for structures erected with intention to annoy and injure plaintiff's use of premises. 6 Conn. Cir. Ct. 427, 428.
Conn. Gen. Stat. § 52-304 — Connecticut Code / Title 52 / Chapter 904 / Section 52-304
Sec. 52-304. Dissolution of attachment by substitution of bond or lien.
Status: in_force

Dissolution of attachment by substitution of a bond is a strict statutory proceeding. 58 C. 434. Cited. 72 C. 159. Effect where goods attached were held under conditional sale. 79 C. 572. Any common law bond may be used by consent; bond by two defendants conditioned on payment of any judgment “against them” covers judgment against one. 94 C. 91. Attachment as duress. 97 C. 131. Provisions of section are mandatory on court. 102 C. 315. Bond takes place of property; whatever destroys attachment destroys bond; in case of bond given to release foreign attachment, demand must be made on surety within 60 days after judgment. 104 C. 281. Burden is on defendant, in suit on attachment bond, to show value of property was less than amount of attachment. 109 C. 364. Cited. 136 C. 643; 145 C. 74. Dissolution of attachment governed by statute; no statute authorizes the release of an attachment because it is wrongful or unauthorized. 147 C. 233. Cited. 162 C. 32; 178 C. 250; 183 C. 85; 200 C. 406; 209 C. 15.

Cited. 1 CA 368. Provisions of statute are not discretionary; denial of the application for substitution after finding fair market value equaled or exceeded amount of original attachment held to be improper. 6 CA 350. Cited. 32 CA 118; 46 CA 399.
Conn. Gen. Stat. § 52-148c — Connecticut Code / Title 52 / Chapter 899 / Section 52-148c
Sec. 52-148c. Before whom depositions may be taken.
Status: in_force

(b) In any other state or country, except a state, as defined in section 52-656 , that has enacted laws substantially similar to sections 52-655 to 52-660 , inclusive, depositions for use in a civil action or probate proceeding within this state shall be taken before a notary public, a commissioner appointed by the Governor of this state, any magistrate having power to administer oaths or a person commissioned by the court before which such action or proceeding is pending, or when such court is not in session, by any judge thereof. Any person so commissioned shall have the power by virtue of his commission to administer any necessary oath and to take testimony. Additionally, if a deposition is to be taken out of the United States, it may be taken before any foreign minister, secretary of a legation, consul or vice-consul, appointed by the United States or any person by him appointed for the purpose and having authority under the laws of the country where the deposition is to be taken; and the official character of any such person may be proved by a certificate from the Secretary of State of the United States.

Cited. 205 C. 542; 211 C. 555; 229 C. 716.
Conn. Gen. Stat. § 52-108 — Connecticut Code / Title 52 / Chapter 898 / Section 52-108
Sec. 52-108. Nonjoinder and misjoinder of parties.
Status: in_force

New defendants may be cited in although no cause of action exists against original defendants; this may be done even after the writ has been abated. 49 C. 110. Administrator held properly admitted as coplaintiff. 54 C. 241. Complaint against administrator may be amended to charge him in his individual capacity. 57 C. 304. Cited. 65 C. 115. Demurrer lies for misjoinder of plaintiff. 67 C. 277, 278. Power of court to drop party misjoined will ordinarily be exercised only on proper request. Id., 278. Cited. 72 C. 92. Plaintiff should not be dropped on motion of defendant, without a hearing. Id., 472. Party liable over in case of judgment may come in as defendant. 74 C. 163. Objection for defect should be made in trial court; 75 C. 278; 76 C. 252; 81 C. 143; may be waived by argument of appeal on merits of case; 75 C. 605; 81 C. 127; 109 C. 330; or may be harmless. 72 C. 519; 76 C. 262; Id., 433; 79 C. 359; 80 C. 460. Misjoined parties should be dropped but action continued. 77 C. 423; 80 C. 702. Where one, long after action began, consents to be made party, but no action taken, court should drop him. 74 C. 18. If action is brought by next friend, and infant has guardian, he could be brought in; 76 C. 433; so where conservator brings action, ward could come in. 91 C. 681. Adverse party may cause one who is party to action in individual capacity but should be party as administrator, to become party in that capacity. 81 C. 132. Proper procedure where plaintiff dies pending appeal by defendant. 82 C. 212. Making corporation party to mandamus proceeding against officers to secure inspection of books disregarded. 90 C. 639. Misjoinder or nonjoinder if relied on in defense must be pleaded. 91 C. 343. Nonjoinder discussed. Id., 501. Statute embraces a case where one having a right to become a party adopts a wrong procedure to do so. Id., 680. Assignment of right by plaintiff pending action will not defeat it; 92 C. 428; but trustee in bankruptcy cannot recover bank deposit in which a third party is interested in his absence. 97 C. 307. Where subject matter of action was transferred during pendency of action, proper to join transferee as party plaintiff. 123 C. 376. Cited. 153 C. 545; 172 C. 572; 182 C. 1; 184 C. 483; 185 C. 445; 186 C. 311; 187 C. 187; 191 C. 1; 212 C. 628; 233 C. 701.

Cited. 22 CA 114; 27 CA 199; 31 CA 80; Id., 476; 45 CA 702. Court has authority to permit intervention in a civil action in interests of justice and, therefore, court had jurisdiction to consider motion to intervene filed by Division of Criminal Justice. 76 CA 130.

Cited. 4 CS 169. No action should be defeated on this technical ground unless it makes the rendition of a proper judgment impossible. Id., 391. Plea in abatement does not lie for nonjoinder; the defect of parties should be raised before trial. 6 CS 281. Where misjoinder of parties is in essence a misjoinder of causes of action, the proper remedy is by demurrer. 12 CS 290. Cited. 15 CS 12. Court in its discretion has authority to drop misjoined parties. 16 CS 212. Cited. 26 CS 418.
Conn. Gen. Stat. § 52-216b — Connecticut Code / Title 52 / Chapter 900 / Section 52-216b
Sec. 52-216b. Articulation to trier of fact of amount of damages claimed to be recoverable permitted.
Status: in_force

(b) Whenever, in a jury trial, specific monetary sums or mathematical formulae are articulated during closing arguments as provided for in subsection (a) of this section, the trial court shall instruct the jury that the sums or mathematical formulae articulated are not evidence but only arguments and that the determination of the amount of damages to be awarded, if any, is solely the jury's function.

Cited. 216 C. 604; 217 C. 671; 221 C. 331.

Cited. 31 CA 518; 38 CA 447. Standard for admission of future economic damages is that it must be reasonably probable that plaintiff will require certain treatment in the future as a result of defendant's conduct, and in this case admitted statement was impermissible when based on possibility that plaintiff may require surgery in the future. 85 CA 383.
Conn. Gen. Stat. § 52-169 — Connecticut Code / Title 52 / Chapter 899 / Section 52-169
Sec. 52-169. Protests of bills and notes.
Status: in_force

If protest states that due notice was given to the endorser in a particular way, statute makes this evidence that such notice was in fact given. 33 C. 95. Cited. 211 C. 555.
Conn. Gen. Stat. § 52-429 — Connecticut Code / Title 52 / Chapter 910 / Section 52-429
Sec. 52-429. Powers of auditors and committees over witnesses.
Status: in_force

See Sec. 51-33 re penalties for contempt of court.

Cited. 222 C. 799.
Conn. Gen. Stat. § 52-150 — Connecticut Code / Title 52 / Chapter 899 / Section 52-150
Sec. 52-150. Interested persons not to write depositions.
Status: in_force

Deposition must not include any written statement by party. 5 C. 340. Nor be drawn by party, though copied by another. 1 R. 259; 4 C. 572. Nor be drawn up in advance, by procurement of party. 5 C. 324; 4 D. 126, 127. The magistrate must not be partner of the party's attorney. 37 C. 217. A deposition in behalf of a town may be taken before a magistrate who is a taxpayer of the town. 52 C. 165. Rejection of deposition taken in violation of section is in discretion of trial court. 100 C. 381. Cited. 211 C. 555; 229 C. 716.

Application to take deposition by tape recording and transcription by opposite party refused as violation of statutory and practice book provision. 31 CS 289.
Conn. Gen. Stat. § 52-91a — Connecticut Code / Title 52 / Chapter 898 / Section 52-91a
Sec. 52-91a. (Formerly Sec. 52-38). Foreclosure. Redemption. Matter in demand.
Status: in_force

Annotations to former section 52-38:

Court of common pleas under former statute had no jurisdiction to foreclose a $3,000 mortgage on account of the nonpayment of semiannual interest. 41 C. 286. Interest on note carrying sum due beyond court's limit will not oust it of jurisdiction. Id., 419. What presumed in support of jurisdiction. 43 C. 279. Under former statute, court of common pleas could not adjudicate the validity and priority of a $1,900 mortgage, although auxiliary to the foreclosure of a judgment lien within its jurisdiction. 70 C. 386. Court cannot extend jurisdiction to an earlier encumbrance exceeding its limit. Id., 388. Rule applied to action to set aside deed. 87 C. 300. Applies by analogy in suit to have alleged lien removed as a cloud on title. 95 C. 68. Cited. 134 C. 653.

Interest due is included but reasonable attorney's fees are not. 16 CS 323.

Amount in demand is amount of lien and determines jurisdiction of court. 5 Conn. Cir. Ct. 346.
Conn. Gen. Stat. § 52-622 — Connecticut Code / Title 52 / Chapter 930 / Section 52-622
Sec. 52-622. Scope. Exclusions.
Status: in_force

(b) Sections 52-619 to 52-646 , inclusive, do not apply to a receivership for an interest in real property improved by one to four dwelling units unless:

(1) The interest is used for agricultural, commercial, industrial or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence;

(2) The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial or mineral-extraction purposes;

(3) The owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner's business; or

(4) The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.

(c) Sections 52-619 to 52-646 , inclusive, do not apply to a receivership authorized by the law of this state other than sections 52-619 to 52-646 , inclusive, in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit.

(d) Sections 52-619 to 52-646 , inclusive, do not limit the authority of a court to appoint a receiver under the law of this state other than sections 52-619 to 52-646 , inclusive.

(e) Unless displaced by a particular provision of sections 52-619 to 52-646 , inclusive, the principles of law and equity supplement sections 52-619 to 52-646 , inclusive.
Conn. Gen. Stat. § 52-572j — Connecticut Code / Title 52 / Chapter 925 / Section 52-572j
Sec. 52-572j. Derivative actions by shareholders or members.
Status: in_force

(b) In any action brought pursuant to this section, process shall be served on the corporation or association as in other civil actions, and notice of the service of process after its having been served shall be given to the board of directors and such other interested persons as the court deems proper. It shall not be necessary to make shareholders or members parties thereto. The costs of the action or part thereof, which shall include but not be limited to witness' fees, court costs and reasonable attorney's fees, may be charged by the court, in its discretion, against the corporation.

See Sec. 33-720 et seq. re derivative proceedings.

Cited. 238 C. 183.

Cited. 17 CA 70. Defendant who is no longer shareholder in corporation cannot maintain derivative action on its behalf. 104 CA 810.

Cited. 39 CS 264; 40 CS 327.
Conn. Gen. Stat. § 52-456 — Connecticut Code / Title 52 / Chapter 913 / Section 52-456
Sec. 52-456. Drain across land of another.
Status: in_force

Drain constructed under statute must conduct water off the land on which it is discharged. 24 C. 170. Cited. 184 C. 575.

Statute may be invoked against owners of land which is not contiguous with land sought to be drained. 25 CS 177.
Conn. Gen. Stat. § 52-407yy — Connecticut Code / Title 52 / Chapter 909 / Section 52-407yy
Sec. 52-407yy. Judgment on award. Litigation expenses.
Status: in_force

(b) A court may allow reasonable costs of the motion and subsequent judicial proceedings.
Conn. Gen. Stat. § 52-584a — Connecticut Code / Title 52 / Chapter 926 / Section 52-584a
Sec. 52-584a. Limitation of action against architect, professional engineer or land surveyor.
Status: in_force

(b) Notwithstanding the provisions of subsection (a) of this section, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the seventh year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than eight years after the substantial completion of construction of such an improvement.

(c) For purposes of subsections (a) and (b) of this section, an improvement to real property shall be considered substantially complete when (1) it is first used by the owner or tenant thereof or (2) it is first available for use after having been completed in accordance with the contract or agreement covering the improvement, including any agreed changes to the contract or agreement, whichever occurs first.

(d) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring action.

Cited. 205 C. 219; Id., 741. Held constitutional. 207 C. 496. Cited. 214 C. 464. Where improvements to real property contemplated by architect's or engineer's services are not completed because of defect complained of, this section, and not Sec. 52-584, applies to plaintiff's cause of action. 247 C. 293. Doctrine of nullum tempus occurrit regi, i.e. no time runs against the king, exempts state from operation of section; Commissioner of Public Works had no authority to contractually waive repose period and such provision is unenforceable. 307 C. 412.

Statute intended to create a 7-year absolute maximum on actions against architects and engineers while leaving any other lesser limitations in place. 6 CA 212. Cited. 24 CA 81; 45 CA 775. Where forum was at issue, court properly declined to hear matter concerning statute of limitations re contract when it could not determine with positive assurance that issues of timeliness were intended by the parties to be excluded from the contract's arbitration clause. 62 CA 483. Section applies even though no physical alteration of real property is required or effected, and the seven year limitation period for bringing an action began to run when the alleged negligent design was completed. 181 CA 356.

Cited. 34 CS 22. Statutes of repose allow defendants at some point to be free from liability, absent unclean or fraudulent conduct, and logical conclusion is that legislature intended state to abide by statutes of repose. 51 CS 265.

Subsec. (a):

Statute not applicable to surveyors who performed or finished surveys before October 1, 1998. 72 CA 236.
Conn. Gen. Stat. § 52-75 — Connecticut Code / Title 52 / Chapter 897 / Section 52-75
Sec. 52-75. Action by holder of mortgage or lien where grantee assumed the debt.
Status: in_force

Undertaking of grantee held to be an absolute contract to pay the mortgage debt. 42 C. 253; 48 C. 239. Prior to statute, mortgagee could not sue grantee who assumed the mortgage debt. 49 C. 191. Relationship and rights of parties. 51 C. 39. Failure of husband married before 1877 to join in mortgage no defense to action on assumption. 72 C. 714. Cited. 73 C. 398. Extends to all subsequent grantees of mortgage. 75 C. 70. But merely taking of equity subject to mortgage does not constitute assumption of debt, and even assumption of debt is open to explanation. 76 C. 584; 87 C. 567; 88 C. 197; 89 C. 66. Right of purchaser of land who pays mortgage to have it assigned to him. 95 C. 585. Mortgage holder may make liable one who assumed, even though in chain of title some previous owner of the equity did not assume. 110 C. 86. Cited. 111 C. 277; 114 C. 201; 124 C. 338; 190 C. 756.

Cited. 5 CS 206.
Conn. Gen. Stat. § 52-12 — Connecticut Code / Title 52 / Chapter 895 / Section 52-12
Sec. 52-12. Jurisdiction over the sale of certain real property. Protection of unrepresented interests. Orders and decrees to be recorded.
Status: in_force

(b) The court, if any of the parties whose interest may be affected is not represented by counsel, or for other satisfactory reasons, may direct the state's attorney for the judicial district in which the action is pending to appear, to investigate the allegations of the complaint and to do all things necessary or advisable to protect all interests not actually represented in court by counsel. The necessary expenses incurred under the direction of the court by the state's attorney shall be taxed as a cost of the action, to be paid by the parties as the court directs.

(c) All such orders and decrees shall be recorded in the land records of the town in which any real property affected thereby is situated. A certificate signed by the town clerk that the town record has been made shall be returned to the Superior Court and become a part of the record in the action.

Ancient judicial power of legislature. 3 Dal. 395; 23 C. 430. Power to direct sale of property devoted to charitable use. 5 C. 119; 85 C. 309.
Conn. Gen. Stat. § 52-431 — Connecticut Code / Title 52 / Chapter 910 / Section 52-431
Sec. 52-431. Recommittal of incomplete report.
Status: in_force

Where material facts not found, motion to recommit is proper; 87 C. 70; but should not ordinarily be recommitted to find facts necessary to present rulings of committee; 85 C. 237; and, if all facts found, court may correct account without recommitting. 86 C. 199; 87 C. 241. Where report omits facts necessary to present claims of law, proper course is to remonstrate and ask recommittal; 91 C. 198; so, where facts involved in rulings on evidence are omitted. 92 C. 193; 95 C. 337; Id., 538.
Conn. Gen. Stat. § 52-453 — Connecticut Code / Title 52 / Chapter 912 / Section 52-453
Sec. 52-453. Effect of assessment; payment of damages and costs.
Status: in_force

When premature flooding of land will not violate proceedings. 52 C. 463.
Conn. Gen. Stat. § 52-168 — Connecticut Code / Title 52 / Chapter 899 / Section 52-168
Sec. 52-168. U.S. revenue stamps on recorded documents.
Status: in_force

Stamp act of Congress construed. 32 C. 95. Congress has no power to make a stamp an essential part of state process. 35 C. 45. Act requiring stamp on instruments used as evidence applies only to federal courts. Id., 240; 40 C. 330; 73 C. 665. Cited. 211 C. 555.
Conn. Gen. Stat. § 52-407ss — Connecticut Code / Title 52 / Chapter 909 / Section 52-407ss
Sec. 52-407ss. Record and notice of award.
Status: in_force

(b) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
Conn. Gen. Stat. § 52-72 — Connecticut Code / Title 52 / Chapter 896 / Section 52-72
Sec. 52-72. Amendment of process.
Status: in_force

(b) Such amended process shall be served in the same manner as other civil process and shall have the same effect, from the date of the service, as if originally proper in form.

(c) If the court, on motion and after hearing, finds that the parties had notice of the pendency of the action and their rights have not been prejudiced or affected by reason of the defect, any attachment made by the original service and the rights under any lis pendens shall be preserved and continued from the date of service of the original process as though the original process had been in proper form. A certified copy of the finding shall be attached to and served with the amended process.

See Sec. 52-130 re amendments of defects, mistakes or informalities in pleadings, record or proceedings.

Fact that process may be amended to cure defect is not ground for refusal to sustain plea in abatement. 131 C. 658. Cited. 178 C. 472; 227 C. 913; 228 C. 914. Section is mandatory; judgment of Appellate Court in 31 CA 793 reversed. 229 C. 618. Cited. 232 C. 392; 236 C. 681. Provision should be liberally construed in favor of those whom legislature intended to benefit; provision allows amendment to correct a late return of process. 243 C. 657. Under 2009 revision, plaintiff's failure to attach a summons or citation to the complaint was a substantive defect in the service of process and was not the type of technical defect that is amendable pursuant to section. 308 C. 180.

Cited. 18 CA 488; 23 CA 188; 31 CA 793; judgment reversed, see 229 C. 618; 33 CA 6; judgment reversed, see 228 C. 914. Intent is to prevent loss of jurisdiction merely because of defect of return date. 50 CA 456. Although Sec. 52-48 sets forth 2-month time limitation for return of process, the legislature, by enacting this section, clearly provided parties an avenue to correct a procedural error concerning such process. 61 CA 305. The date process is returned to court is an historical fact that is substantive in nature and is not amendable pursuant to section. 157 CA 617. Return date of a summary process action may be amended to correct failure to return the complaint at least three days before the return date as required by Sec. 47a-23a. 191 CA 842.

Cited. 18 CS 482; 29 CS 289; 40 CS 243; 44 CS 39.
Conn. Gen. Stat. § 52-524 — Connecticut Code / Title 52 / Chapter 921 / Section 52-524
Sec. 52-524. Defenses.
Status: in_force

Writ without a complaint is a nullity; remedy is motion to erase from docket; defect is not amendable. 97 C. 399; 98 C. 229. Defendant not entitled to damages unless he demands them in counterclaim; recovery restricted to damages growing out of act of replevy. 101 C. 61. Misdescription of property replevied cured by provision in conditional sale contract allowing vendor, on default, to enter and retake possession. 105 C. 675.

When defendant simply filed general denial, court could award costs but not damages. 11 CS 334. Cited. 14 CS 458.
Conn. Gen. Stat. § 52-265a — Connecticut Code / Title 52 / Chapter 902 / Section 52-265a
Sec. 52-265a. Direct appeal on questions involving the public interest.
Status: in_force

(b) The Chief Justice shall, within one week of receipt of the appeal, rule whether the issue involves a substantial public interest and whether delay may work a substantial injustice.

(c) Upon certification by the Chief Justice that a substantial public interest is involved and that delay may work a substantial injustice, the trial judge shall immediately transmit a certificate of his decision, together with a proper finding of fact, to the Chief Justice, who shall thereupon call a special session of the Supreme Court for the purpose of an immediate hearing upon the appeal.

(d) The Chief Justice may make orders to expedite such appeals, including orders specifying the manner in which the record on appeal may be prepared.

Cited. 192 C. 704; 194 C. 677; 195 C. 303; Id., 384; 196 C. 451; 199 C. 667; 202 C. 252; Id., 405; Id., 660; 204 C. 212; 208 C. 156; Id., 329; Id., 515; 212 C. 258; 216 C. 253; 217 C. 303; 221 C. 346; 222 C. 331; 225 C. 305; 226 C. 757; 227 C. 545; 233 C. 557; 235 C. 206; Id., 671; 239 C. 93; 241 C. 282; 242 C. 409. Discovery order in insurance coverage case is appealable since such order directly involved attorney-client privilege, and could compromise such privilege in claims litigated in other jurisdictions and prejudice plaintiff's handling of ongoing and future actions due to the knowledge that communications with clients might not be kept confidential. 249 C. 36. Late petition for certification to appeal was proper under section where it was clear that Supreme Court had jurisdiction over certified matter and the facts of the case militated in favor of choosing the most expeditious route to avoid potentially irreparable harm to intervenors. 302 C. 162. A crime victim is not a party to the criminal proceeding in the trial court and is therefore precluded from pursuing an appeal under section. 304 C. 330.

Cited. 22 CA 73; 29 CA 105; Id., 716; 32 CA 340; 37 CA 269; Id., 694.

Cited. 37 CS 541.
Conn. Gen. Stat. § 52-491 — Connecticut Code / Title 52 / Chapter 918 / Section 52-491
Sec. 52-491. Complaint in the nature of quo warranto.
Status: in_force

See Sec. 9-328 re contests and complaints in election of municipal officers and nomination of justices of the peace.

Does not lie in state court to test right of one claiming an office in a corporation of the U.S. 35 C. 379. Will not be tried when it is too late to make the judgment of any avail. 5 D. 335. Cited. 18 C. 54; 16 C. 179. Fine and costs, when refused. 10 C. 167. Will not lie to try title to an office not a legally authorized public office. 42 C. 86; 82 C. 398. Legal existence of school district cannot be tried by. 42 C. 90. Inspector appointed by board of street commissioners under charter is subject to quo warranto. 46 C. 480. The state must be a party to every proceeding by quo warranto; but may voluntarily part with such right. 51 C. 127. Title to office can be tried only on writ of quo warranto. 55 C. 121; 61 C. 376. Election of Governor; jurisdiction of Superior Court. Id. In an information in the nature of quo warranto, the relator is the substantial complainant and conducts the cause. 63 C. 181. Is a means to oust an illegal incumbent from an office, not to induct a legal one into it. 66 C. 300; 87 C. 541; 102 C. 595. Proper course of procedure. 69 C. 227, 228. Burden upon respondent to show a complete title to the office in dispute. 71 C. 110; Id., 545; 87 C. 541; 82 C. 122. Only lies in case of public office; not in that of clerk of department appointed under city ordinance. 83 C. 143. Distinguished from mandamus as a means to enforce a right to office. Id., 554. “Pretended town” as defendant. 77 C. 266. Some offices too minor in character to be object of writ. 94 C. 416. May be used to test constitutionality of statute creating taxing district; but commissioners of district should not be made parties defendant. 104 C. 195. In election contests, proper remedy is procedure authorized by Sec. 9-328 rather than this section. 145 C. 648. Where relator is private party claiming title to public office, trial court does not have discretionary authority to deny remedy of ouster when defendant's title is found defective. 174 C. 36. Cited. 182 C. 253; 185 C. 445; 219 C. 432. Plaintiff's taxpayer status constitutes justiciable interest sufficient to establish standing in quo warranto action; trial court properly granted writ of quo warranto and removed wetlands compliance officer whose appointment violated town charter. 306 C. 1. A quo warranto action may not be used to avoid the administrative process by mounting a collateral attack on an administrative agency's decision to issue a license, certification or waiver that renders a public officer qualified to hold his or her position. 310 C. 576.

Cited. 10 CA 209; 15 CA 323; 21 CA 351; 27 CA 421. Does not expressly require plaintiff in quo warranto action to name and serve person allegedly usurping contested office; plaintiff's failure to name such persons therefore does not require dismissal. 76 CA 24.

In a quo warranto proceeding questioning the appointment of defendant to an office, the burden of proof is upon defendant to establish his legal right to the office. 21 CS 294. Cited. 30 CS 74. Quo warranto proceeding challenging residency requirement of alderman. Id., 82.
Conn. Gen. Stat. § 52-135 — Connecticut Code / Title 52 / Chapter 898 / Section 52-135
Sec. 52-135. Amendment of pleadings after default or demurrer overruled; costs.
Status: in_force

Cited. 69 C. 554. Default admits allegations of original complaint, not those of subsequent substitute. 86 C. 308. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.