Conn. Gen. Stat. § 52-174 — Connecticut Code / Title 52 / Chapter 899 / Section 52-174
Sec. 52-174. Admissibility of records and reports of certain expert witnesses as business entries.
Status: in_force

(b) In all actions for the recovery of damages for personal injuries or death, pending on October 1, 1977, or brought thereafter, and in all court proceedings in family relations matters, as defined in section 46b-1 , or in the Family Support Magistrate Division, pending on October 1, 1998, or brought thereafter, and in all other civil actions pending on October 1, 2001, or brought thereafter, any party offering in evidence a signed report and bill for treatment of any treating 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, may have the report and bill admitted into evidence as a business entry and it shall be presumed that the signature on the report is that of such treating physician, physician assistant, dentist, chiropractor, naturopath, physical therapist, podiatrist, psychologist, social worker, mental health professional, emergency medical technician, optometrist or advanced practice registered nurse and that the report and bill were made in the ordinary course of business. The use of any such report or bill in lieu of the testimony of such treating 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 not give rise to any adverse inference concerning the testimony or lack of testimony of such treating physician, physician assistant, dentist, chiropractor, naturopath, physical therapist, podiatrist, psychologist, social worker, mental health professional, emergency medical technician, optometrist or advanced practice registered nurse. In any action to which this subsection applies, 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 in evidence on the issue of the cost of reasonable and necessary medical care. The calculation of the total amount of the bill shall not be reduced because 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 accepts less than the total amount of the bill or because an insurer pays less than the total amount of the bill.

(c) This section shall not be construed as prohibiting either party or the court from calling the treating physician, dentist, chiropractor, naturopath, physical therapist, podiatrist, psychologist, social worker, mental health professional, emergency medical technician, optometrist, physician assistant or advanced practice registered nurse as a witness for purposes that include, but are not limited to, providing testimony on the reasonableness of a bill for treatment generated by such physician, dentist, chiropractor, naturopath, physical therapist, podiatrist, psychologist, social worker, mental health professional, emergency medical technician, optometrist, physician assistant or advanced practice registered nurse.

Cited. 159 C. 397; 177 C. 677; 211 C. 555; 225 C. 637.

Cited. 5 CA 629; 17 CA 684; 23 CA 468; 24 CA 276; 29 CA 519; 36 CA 737.

Subsec. (b):

Statute not limited to resident medical practitioners. 205 C. 542. Cited. Id., 623; 219 C. 324. Statute not extended to dissolution case. 247 C. 356. Summary process actions are “other civil actions” under Subsec. for purposes of application of the medical treatment records exception to the hearsay rule. 325 C. 394. Medical records that were created in the ordinary course of diagnosing, caring for and treating a patient are admissible under Subsec. even if there was no opportunity to cross-examine the records' author, and to the extent Rhode v. Milla , 287 C. 731, and Millium v. New Milford Hospital , 310 C. 711, suggest that an opportunity for cross-examination is absolute prerequisite for admission of medical records prepared for use in diagnosis, care and treatment of a patient, such proposition is disavowed. 339 C. 495.

Cited. 2 CA 167; 12 CA 632; 38 CA 628; 45 CA 165; Id., 248; 47 CA 46. No adverse inference concerning use of written medical reports is permitted in court's charge to the jury. 65 CA 776. Section does not require that bill for treatment accompany a medical report admitted into evidence; requirements under section re admissibility of report were met where there was evidence that the signatory psychologist had treated the patient and had signed the report. 80 CA 111. Subsec. applies to document on a physician's letterhead, signed by such physician, who is plaintiff's treating physician; plaintiff is not required to lay a foundation under the business record exception in Sec. 52-180. 84 CA 667. Where a party seeks to offer an expert's reports or records into evidence, it is improper for the court to assist in precluding the deposition of an expert. 129 CA 81; judgment affirmed, see 310 C. 711. Medical records authored by a primary care provider who was prohibited from providing any opinion or expert testimony by 38 CFR 14.808, and therefore unavailable for cross-examination at any time, should not have been admitted into evidence. 190 CA 449; judgment reversed, see 339 C. 495.

Cited. 39 CS 301.
Conn. Gen. Stat. § 52-119 — Connecticut Code / Title 52 / Chapter 898 / Section 52-119
Sec. 52-119. Pleading to be according to rules and orders of court.
Status: in_force

See Sec. 51-59 re hours of operation of court clerks' offices.

See Sec. 52-197 re rules governing orders to disclose facts, papers, books, documents, etc.

Party cannot refuse obedience to order of court because he deems it erroneous, or because it is erroneous; until revoked or reversed, it is the law of the case. 63 C. 566. Statute does not require nonsuit to be granted where to do so would run counter to sound principles of procedure. 130 C. 654. Cited. 180 C. 223; 188 C. 145.

Judgment on the pleadings not proper in absence of responsive pleading by plaintiff to special defense. 24 CS 494.
Conn. Gen. Stat. § 52-421 — Connecticut Code / Title 52 / Chapter 909 / Section 52-421
Sec. 52-421. Record to be filed with clerk of court. Effect and enforcement of judgment or decree.
Status: in_force

(b) The judgment or decree confirming, modifying or correcting an award shall be docketed as if it were rendered in a civil action. The judgment or decree so entered shall have the same force and effect in all respects as, and be subject to all the provisions of law relating to, a judgment or decree in a civil action; and it may be enforced as if it had been rendered in a civil action in the court in which it is entered. When the award requires the performance of any other act than the payment of money, the court or judge entering the judgment or decree may direct the enforcement thereof in the manner provided by law for the enforcement of equitable decrees.

Cited. 155 C. 278. Final judgment by arbitrators as to employment discrimination bars action under Sec. 31-126 (52-421). 163 C. 309. Cited. Id., 316; 176 C. 401; 206 C. 113; 208 C. 352; 222 C. 480.

Cited. 4 CA 577; 33 CA 1. There is no requirement in Subsec. (b) that the court, in confirming an award, specify manner of payment. 120 CA 117. A judgment confirming an arbitration award has same force and effect as a judgment in a civil action, and an award of postjudgment interest under Sec. 37-3a is proper, provided it is calculated as of the date the judgment was confirmed by the trial court and payable and not the date of the arbitrator's award. 154 CA 196.
Conn. Gen. Stat. § 52-594 — Connecticut Code / Title 52 / Chapter 926 / Section 52-594
Sec. 52-594. Limit for executor or administrator to bring personal action that survives.
Status: in_force

See Sec. 52-555 re actions for injuries resulting in death.

See Sec. 52-584 re limitation of action for injury to person or property.

Effect of statute. 90 C. 611. Cited. 191 C. 150; 214 C. 464; 223 C. 14.

Cited. 3 CA 602; 43 CA 397.

Cited. 8 CS 362. Statute does not reduce the time within which an action might have been brought had plaintiff survived; it adds 1 year from the date of death to the time otherwise allowable. 15 CS 434. Where 1-year period with respect to antemortem injuries had not expired when decedent died, his personal representative, under section, had year from date of death to institute action. 28 CS 461.
Conn. Gen. Stat. § 52-225g — Connecticut Code / Title 52 / Chapter 900 / Section 52-225g
Sec. 52-225g. Transfer of structured settlement payment rights: Definitions.
Status: in_force

(1) “Annuity issuer” means an insurer that has issued a contract to fund periodic payments under a structured settlement;

(2) “Dependents” include a payee's spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony;

(3) “Discounted present value” means the present value of future payments determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service;

(4) “Gross advance amount” means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from such consideration;

(5) “Independent professional advice” means advice of an attorney, certified public accountant, actuary or other licensed professional adviser;

(6) “Interested parties” means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor and any other party that has continuing rights or obligations under such structured settlement;

(7) “Net advance amount” means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under subdivision (5) of section 52-225h ;

(8) “Payee” means an individual who is receiving tax-free payments under a structured settlement and proposes to transfer payment rights under the structured settlement;

(9) “Periodic payments” includes both recurring payments and scheduled future lump-sum payments;

(10) “Qualified assignment agreement” means an agreement providing for a qualified assignment within the meaning of Section 130 of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended;

(11) “Responsible administrative authority” means, with respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement;

(12) “Settled claim” means the original tort claim or workers' compensation claim resolved by a structured settlement;

(13) “Structured settlement” means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim;

(14) “Structured settlement agreement” means the agreement, judgment, stipulation or release embodying the terms of a structured settlement;

(15) “Structured settlement obligor” means, with respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement;

(16) “Structured settlement payment rights” means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where:

(A) The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this state;

(B) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or

(C) The structured settlement agreement is expressly governed by the laws of this state;

(17) “Terms of the structured settlement” include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or other approval of any court or responsible administrative authority or other government authority that authorized or approved such structured settlement;

(18) “Transfer” means any sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration, but does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to such insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce such blanket security interest against the structured settlement payment rights;

(19) “Transfer agreement” means the agreement providing for a transfer of structured settlement payment rights;

(20) “Transfer expenses” means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, but not limited to, court filing fees, attorney's fees, escrow fees, lien recordation fees, judgment and lien search fees, finders' fees, commissions and other payments to a broker or other intermediary, but does not include preexisting obligations of the payee payable for the payee's account from the proceeds of a transfer; and

(21) “Transferee” means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.
Conn. Gen. Stat. § 52-552b — Connecticut Code / Title 52 / Chapter 923a / Section 52-552b
Sec. 52-552b. Definitions.
Status: in_force

(1) “Affiliate” means: (A) A person who directly or indirectly owns, controls or holds with power to vote, twenty per cent or more of the outstanding voting securities of the debtor, other than a person who holds the securities (i) as a fiduciary or agent without sole discretionary power to vote the securities, or (ii) solely to secure a debt, if the person has not exercised the power to vote; (B) a corporation twenty per cent or more of whose outstanding voting securities are directly or indirectly owned, controlled or held with power to vote, by the debtor or a person who directly or indirectly owns, controls or holds, with power to vote, twenty per cent or more of the outstanding voting securities of the debtor, other than a person who holds the securities (i) as a fiduciary or agent without sole power to vote the securities; or (ii) solely to secure a debt, if the person has not in fact exercised the power to vote; (C) a person whose business is operated by the debtor under a lease or other agreement or a person substantially all of whose assets are controlled by the debtor; or (D) a person who operates the debtor's business under a lease or other agreement or controls substantially all of the debtor's assets.

(2) “Asset” means property of a debtor, but the term does not include: (A) Property to the extent it is encumbered by a valid lien, (B) property to the extent it is generally exempt under nonbankruptcy law, or (C) an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.

(3) “Claim” means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.

(4) “Creditor” means a person who has a claim.

(5) “Debt” means liability on a claim.

(6) “Debtor” means a person who is liable on a claim.

(7) “Insider” includes: (A) If the debtor is an individual, (i) a relative of the debtor or of a general partner of the debtor, (ii) a partnership in which the debtor is a general partner, (iii) a general partner in a partnership described in subparagraph (ii), or (iv) a corporation of which the debtor is a director, officer or person in control; (B) if the debtor is a corporation, (i) a director of the debtor, (ii) an officer of the debtor, (iii) a person in control of the debtor, (iv) a partnership in which the debtor is a general partner, (v) a general partner in a partnership described in subparagraph (iv), or (vi) a relative of a general partner, director, officer or person in control of the debtor; (C) if the debtor is a partnership, (i) a general partner in the debtor, (ii) a relative of a general partner in, a general partner of, or a person in control of the debtor, (iii) another partnership in which the debtor is a general partner, (iv) a general partner in a partnership described in subparagraph (iii), or (v) a person in control of the debtor; (D) an affiliate, or an insider of an affiliate as if the affiliate were the debtor; and (E) a managing agent of the debtor.

(8) “Lien” means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien or a statutory lien.

(9) “Person” means an individual, partnership, corporation, limited liability company, association, organization, government or governmental subdivision or agency, business trust, estate, trust or any other legal or commercial entity.

(10) “Property” means anything that may be the subject of ownership.

(11) “Relative” means an individual related by consanguinity within the third degree as determined by the common law, a spouse or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree.

(12) “Transfer” means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease and creation of a lien or other encumbrance.

(13) “Valid lien” means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.

Cited. 34 CA 216; 46 CA 399. Assets the trustee in bankruptcy transferred to bank, which were encumbered by a valid lien, were not “assets” within meaning of the Uniform Fraudulent Transfer Act and, therefore, transfer not subject to the act. 54 CA 481. Transfer cannot be considered fraudulent if, at time of transfer, the transferred property is encumbered by valid liens exceeding its value because the property would no longer be considered an asset under Subdiv. (2), and only assets may be transferred fraudulently. 79 CA 725.
Conn. Gen. Stat. § 52-216 — Connecticut Code / Title 52 / Chapter 900 / Section 52-216
Sec. 52-216. Deciding questions of law and of fact.
Status: in_force

See Sec. 52-224 re special verdicts to determine questions of law by court.

Jury cannot pass on sufficiency of declaration. 32 C. 167. Construction of writings is for the court, unless it depends on proof of extrinsic circumstances, usages, etc. 12 C. 554; 38 C. 167. Court must decide on matters of fact bearing only on admissibility of evidence. 11 C. 463. And on challenge to jurors. 18 C. 171; 38 C. 137. Court may express opinion on weight of evidence. 21 C. 167; 37 C. 400. But court should not withdraw from jury any questions of fact, because it thinks the proof insufficient. 34 C. 538. It should instruct the jury, specifically, what law is applicable to the particular facts of the case; 32 C. 82; and may direct what verdict should be given, if the facts claimed and admitted would justify such verdict only. 5 C. 416; 8 C. 347; 65 C. 291. Verdict set aside, because document not in evidence was given to the jury by mistake; 18 C. 549; 109 C. 726; and because a juror gave evidence to his fellows out of court. 1 R. 523. Parties need not be formally called before taking the verdict. 41 C. 26. A claim devoid of evidence ought not to be submitted to the jury. 44 C. 88. Verdict not complete until read to jury and assented to by them. 46 C. 233. Court to determine all matters of law, even such as involve the decision of facts. Id., 383. Parties are entitled to a verdict on each of several separate counts. 53 C. 240. What comments of the court are to be commended. 59 C. 400, 401. Statute is identical in some of its features with Sec. 54-89. 64 C. 338; 103 C. 478. Court should direct a verdict where that depends upon a question of law. 65 C. 291. Court may express its opinion on the weight of evidence, leaving the decision of questions of fact to the jury. 69 C. 92. Is in accord with the constitutional right of trial by jury. Id., 145. Weight of testimony and the good or bad faith of parties are matters for the jury. 70 C. 509. Judge is not required to review all the evidence; how far he shall comment upon it is within his judicial discretion. Id., 719. Of jury trial in general. 75 C. 234. Functions of jury; 74 C. 71; in libel action. 67 C. 512; 69 C. 132; 75 C. 232. Must take law from judge; 69 C. 128; 73 C. 18; 75 C. 218; 78 C. 28; 80 C. 531; 85 C. 438; to leave it to them to decide is error. 86 C. 641. Weight and credibility of evidence is for jury; 73 C. 623; 81 C. 22; Id., 623; 82 C. 600; 86 C. 98; Id., 289; 87 C. 363; Id., 585; 90 C. 701; 94 C. 350; 97 C. 187; where evidence conflicts and fairminded men might differ; 94 C. 257; Id., 613; though witness is undisputed; 84 C. 267; 88 C. 619; or defendant offers no evidence; 92 C. 427; or one witness stands against many; 87 C. 363; so, inferences to be drawn from evidence; 86 C. 82; Id., 289; Id., 677; so meaning of words; 66 C. 525; so contract partly oral, partly written; 83 C. 16; weight of each part of evidence and its bearing upon the rest. 97 C. 187. Procuring cause of sale; 94 C. 475; agency and authority; 96 C. 21; 97 C. 149; whether written instrument meant to include whole agreement of parties. 97 C. 381. Jury must consider evidence as a whole. 75 C. 326. Judge as part of jury system. 74 C. 68; 75 C. 678; 76 C. 495; 81 C. 347; Id., 624. He may direct verdict in proper case; 77 C. 137; 79 C. 406; Id., 569; 80 C. 300; 81 C. 347; Id., 578; 86 C. 439; 89 C. 117; 91 C. 432; where only one conclusion is reasonably possible; 81 C. 343; 82 C. 394; 86 C. 131; 88 C. 16; 90 C. 30; Id., 139; 91 C. 433; 92 C. 560; 95 C. 441; 109 C. 159; where facts are undisputed and effect is question of law; 96 C. 319; where injury is clearly due to plaintiff's own negligence; 95 C. 48; constitutional limitation on powers; 91 C. 460; in libel action; 91 C. 442; and where a verdict is directed, the judgment will not readily be reversed. 78 C. 99; 82 C. 396. Refusal to direct verdict not ground of error. 93 C. 454. Court may comment on evidence; 73 C. 33; Id., 118; Id., 377; 79 C. 116; Id., 380; 87 C. 691; 88 C. 93; 90 C. 275; 92 C. 236; Id., 579; 93 C. 691; or its absence; 91 C. 316; in a criminal case; 64 C. 330; 67 C. 581; 72 C. 40; 78 C. 28; 81 C. 98; 83 C. 160; Id., 601; 87 C. 5; Id., 285; 98 C. 467; 109 C. 91. This is ordinarily a matter of discretion; 79 C. 663; 80 C. 88; Id., 538; 82 C. 518; 83 C. 597; 85 C. 459; 88 C. 93; 91 C. 388; but it may be its duty to do so; 71 C. 1; Id., 392; 72 C. 43; 75 C. 55; 79 C. 117; 82 C. 518; it may, but need not, call attention to particular evidence; 73 C. 462; 76 C. 135; 77 C. 295; 81 C. 556; 83 C. 261; 85 C. 180; 86 C. 15; Id., 252; 87 C. 363; as testimony of an accomplice; 72 C. 321; 76 C. 342; 84 C. 152; evidence as to character; 83 C. 598; circumstantial evidence; 77 C. 267; refusal of witness to answer question; 91 C. 316; credibility of witness; 95 C. 529; it may point out an undisputed fact; 86 C. 335; or one admitted; 89 C. 237; or one jury could not help but find; 81 C. 347; or one that is irrelevant; 78 C. 18; but it must leave decision to jury. 69 C. 91; 86 C. 335. It may express its own opinion. 92 C. 237. That comment affects credibility of party's claim nil sig. 93 C. 598. Section applies to comments made by the judge in ruling on evidence. 90 C. 95. Effect of series of writings as determining contract rights is for court to decide. 94 C. 445. Judge may ask questions of witness. 98 C. 468. Section does not apply to criminal cases. 103 C. 477, 479. Motion to reopen to offer evidence after case was committed to jury could not be granted; statute is definite and contains no exceptions. 135 C. 599. Cited. 137 C. 123. Whether there is any evidence is a question for the judge; whether sufficient evidence is for the jury. 143 C. 547. Comment to jury by court must be fair and reasonable. 144 C. 706. Verdict of jury must contain an intelligible finding so that its meaning can be clearly ascertained. 147 C. 72. Finding in a jury case is a statement of facts which, on the evidence, jury might have found proven and which parties claim were proven. Id., 90. Handling of expert testimony by jury discussed. Id., 171, 215. Purpose of rule that exceptions to a charge should be taken immediately after the charge is delivered. Id., 191. Construction of language of a will, even in a jury case, is for the court. Id., 248. In the absence of any request from defendant to withhold from jury exhibits concerned only with counts as to which a verdict in his favor had been directed, court itself not required to withhold such exhibits. Id., 589. It is error to submit to jury wholly inapplicable statutes. Id., 638. An inadvertent omission or inaccurate statement in a charge will not constitute reversible error unless it is reasonably probable that jury was misled by it. Id., 644. For case to go to jury, evidence fairly considered must be able to support a reasonable belief that it is more probable than otherwise that the fact in issue is true. Id., 699. Directed verdicts are not favored. Id., 704. When a court may direct a verdict. 148 C. 167; Id., 449. Finding in a jury trial is merely a narrative of facts claimed to have been proved by each side, made for the purpose of fairly presenting any claimed errors in charge or rulings of the court. Id., 208. What constitutes a request to charge which properly sets forth the “legal principle involved.” Id., 266. A fact not contradicted does not necessarily become an undisputed fact which is required to be added to the finding. Id., 349. Purpose of a charge is to call attention of jury, unfamiliar with legal distinctions, to whatever is necessary and proper to guide them to a right decision in a particular case; doctrine of estoppel was in issue but in charge jury was not given a definition of this term, held reversible error. Id., 391. Although trial court is given much latitude in discussing the evidence in a charge, an incorrect statement of a material and important fact which is apt to mislead the jury constitutes error. Id., 459. Plaintiff filed no requests to charge; it does not appear that any exception was made to the charge as given; had he any doubt about the jury's understanding, a proper request to charge would have alerted the court to the need for instruction and would have assured an adequate record for review. 149 C. 743. Charge to jury on Uniform Narcotic Drug Act; jury should have been instructed to indicate in their verdict whether the possession was for self-administration or possession for sale; jury could have found defendant not guilty of possession for sale because of entrapment, but guilty of possession for self-administration. 150 C. 1. Since there was no evidence that any of the vehicles involved in the collision had inadequate or defective brakes, the charge should not have submitted the issue to the jury; since other omitted matter was essential to a proper and complete consideration and decision of the case, the failure to charge on it, after a request to do so, constituted error. Id., 158. Where more than one conclusion is reasonably possible, judge cannot direct a verdict. Id., 623. Judge's failure to repeat all of his charge on claims of negligence may have misled jury into overlooking plaintiff's claim of supervening negligence of defendant as proximate cause of his injuries; this omission in supplemental charge was error and judgment for defendant was reversed. 157 C. 194. Failure of court to charge jury by relating law to pleadings and evidence in case was reversible error. 158 C. 75. Cited. 196 C. 53.

Cited. 7 CA 245.

When verdict will be set aside for error in the charge. 21 CS 1. The ad damnum clause of a complaint has no probative value and should not be submitted to the jury. Id., 150.
Conn. Gen. Stat. § 52-473a — Connecticut Code / Title 52 / Chapter 916 / Section 52-473a
Sec. 52-473a. Enjoining or restraining enforcement of certain environmental or public health laws. Ex parte orders prohibited. Appeal.
Status: in_force

(b) If, after a hearing, the court issues an order enjoining or restraining the enforcement of such a cease and desist order, the state may appeal such court order to the Appellate Court. Such appeal may be expedited pursuant to rules established by the judges of the Appellate Court.

(c) Nothing in this section shall be construed to provide any person with additional remedies to enjoin or restrain any order of an agency of the state or a political subdivision of the state.
Conn. Gen. Stat. § 52-171 — Connecticut Code / Title 52 / Chapter 899 / Section 52-171
Sec. 52-171. Sworn copies of files and records.
Status: in_force

Cited. 4 D. 436; 2 C. 377; 5 C. 538. Such witnesses must testify in court. 26 C. 425. Parol evidence of the proceedings of the common council of a city, held inadmissible. 40 C. 104. Refers only to domestic entries, files or records. 73 C. 602. Cited. 211 C. 555.
Conn. Gen. Stat. § 52-350e — Connecticut Code / Title 52 / Chapter 906 / Section 52-350e
Sec. 52-350e. Service of process.
Status: in_force

(b) The provisions of this section do not apply to any process issued pursuant to a contempt proceeding.

Cited. 34 CA 816.
Conn. Gen. Stat. § 52-278i — Connecticut Code / Title 52 / Chapter 903a / Section 52-278i
Sec. 52-278i. (Formerly Sec. 52-282). Order for prejudgment remedy on set-off or counterclaim.
Status: in_force

Cited. 141 C. 55; 152 C. 641; 188 C. 69; 226 C. 773.

Cited. 38 CS 98.
Conn. Gen. Stat. § 52-350d — Connecticut Code / Title 52 / Chapter 906 / Section 52-350d
Sec. 52-350d. Jurisdiction of Superior Court.
Status: in_force

(b) This section shall not be construed to allow opening of a judgment other than within four months succeeding the date on which it was rendered as provided by section 52-212a or as otherwise provided by law.

Cited. 45 CA 543. Section does not limit the court's jurisdiction to address a party's claims after property has been redeemed following a judgment of foreclosure by sale; court's jurisdiction was not revoked to reach the merits of defendant's motion to determine the debt and court improperly dismissed defendant's motion on that basis. 108 CA 134.
Conn. Gen. Stat. § 52-278c — Connecticut Code / Title 52 / Chapter 903a / Section 52-278c
Sec. 52-278c. Documents required. Forms. Scheduling a hearing. Service on defendant. Notice and claim form. Request for hearing by defendant.
Status: in_force

(1) An application, directed to the Superior Court to which the action is made returnable, for the prejudgment remedy requested;

(2) An affidavit sworn to by the plaintiff or any competent affiant setting forth a statement of facts sufficient to show that there is probable cause that a judgment in the amount of the prejudgment remedy sought, or in an amount greater than the amount of the prejudgment remedy sought, taking into account any known defenses, counterclaims or set-offs, will be rendered in the matter in favor of the plaintiff;

(3) A form of order that a hearing be held before the court or a judge thereof to determine whether or not the prejudgment remedy requested should be granted and that notice of such hearing complying with subsection (e) of this section be given to the defendant;

(4) A form of summons directed to a proper officer commanding him to serve upon the defendant at least four days prior to the date of the hearing, pursuant to the law pertaining to the manner of service of civil process, the application, a true and attested copy of the writ, summons and complaint, such affidavit and the order and notice of hearing;

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

APPLICATION FOR PREJUDGMENT REMEDY

To the Superior Court for the judicial district of ....

The undersigned represents:

1. That .... is about to commence an action against .... of .... (give name and address of defendant) pursuant to the attached proposed unsigned Writ, Summons, Complaint and Affidavit.

2. That there is probable cause that a judgment in the amount of the prejudgment remedy sought, or in an amount greater than the amount of the prejudgment remedy sought, taking into account any known defenses, counterclaims or set-offs, will be rendered in the matter in favor of the applicant and that to secure the judgment the applicant seeks an order from this court directing that the following prejudgment remedy be granted to secure the sum of $ ....:

a. To attach sufficient property of the defendant to secure such sum:

b. To garnishee ...., as he is the agent, trustee, debtor of the defendant and has concealed in his possession property of the defendant and is indebted to him.

c. (Other Type of Prejudgment Remedy Requested.)

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 on .... at .... a.m. and that the plaintiff give notice to the defendant in accordance with section 52-278c of the general statutes of the pendency of the application and of the time when it will be heard by causing a true and attested copy of the application, the proposed unsigned writ, summons, complaint, affidavit and of this order, together with such notice as is required under subsection (e) of section 52-278c , to be served upon the defendant by some proper officer or indifferent person on or before ...., and that due return of service be made to this court.

Dated at Hartford 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, unsigned proposed writ, summons, complaint, affidavit and order upon ...., of ...., by leaving the same in his hands or at his usual place of abode on or before .....

Hereof fail not but due service and return make.

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

Commissioner of the Superior Court

(c) The clerk upon receipt of all such documents in duplicate, if he finds them to be in proper form, shall fix a date for the hearing on the application and sign the order of hearing and notice except that if the application includes a request for a temporary restraining order, the court or a judge of the court shall act on the application for the temporary restraining order, fix a date for the hearing on the prejudgment remedy and sign the order of hearing and notice. The entry fee shall be then collected and the duplicate original document shall be placed in the court file.

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

(e) An application for a prejudgment remedy shall be accompanied by 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, THAT YOU MAY WISH TO EXERCISE CONCERNING THIS APPLICATION FOR A PREJUDGMENT REMEDY. THESE RIGHTS INCLUDE THE RIGHT TO A HEARING: (1) TO OBJECT TO THE PROPOSED PREJUDGMENT REMEDY BECAUSE YOU HAVE A DEFENSE TO OR SET-OFF AGAINST THE ACTION OR A COUNTERCLAIM AGAINST THE PLAINTIFF OR BECAUSE THE AMOUNT SOUGHT IN THE APPLICATION FOR THE PREJUDGMENT REMEDY IS UNREASONABLY HIGH OR BECAUSE PAYMENT OF ANY JUDGMENT THAT MAY BE RENDERED AGAINST YOU IS COVERED BY ANY INSURANCE THAT MAY BE AVAILABLE TO YOU; (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 YOU BE ALLOWED TO SUBSTITUTE A BOND FOR THE PREJUDGMENT REMEDY SOUGHT; AND (4) TO SHOW THAT THE PROPERTY SOUGHT TO BE SUBJECTED TO THE PREJUDGMENT REMEDY IS EXEMPT FROM SUCH A PREJUDGMENT REMEDY.”

(f) The notice and claim form required under subsection (e) of this section shall contain (1) the name and address of any third person holding property of the defendant who is to be made a garnishee by process preventing the dissipation of such property and (2) a statement of the procedure set forth in subsection (g) of this section for contesting the application for a prejudgment remedy or for claiming an exemption.

(g) A defendant may request a hearing to contest the application for a prejudgment remedy, assert any exemption or make a request concerning the posting or substitution of a bond. The hearing may be requested by any proper motion or by return to the Superior Court of a signed claim form that indicates, by the checking of the appropriate 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 sought in the application for 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.

Cited. 172 C. 577; 173 C. 426; 176 C. 432; 178 C. 393; 181 C. 524; 184 C. 85; 185 C. 37; 186 C. 329; 188 C. 69; 193 C. 174; 196 C. 359; 200 C. 406; 203 C. 475; 208 C. 13; 213 C. 612; 222 C. 361; Id., 541. Not unconstitutionally vague on its face. 224 C. 29. Cited. 226 C. 773; Id., 812.

Cited. 1 CA 188; 3 CA 404; 4 CA 510; 5 CA 90; 6 CA 180; 11 CA 420; 14 CA 579; 21 CA 661; 25 CA 28; 27 CA 621; 28 CA 809; 32 CA 118; 33 CA 223; 34 CA 303; Id., 801; 39 CA 149; Id., 183; 45 CA 324; 46 CA 399. Court has subject matter jurisdiction over plaintiff's application when plaintiff is seeking a prejudgment remedy on a contemplated domestic action to enforce an agreement. 144 CA 793.

Cited. 33 CS 693; 38 CS 98.

Subsec. (a):

Plaintiff cannot base application for prejudgment remedy on action to enforce a foreign judgment until the foreign judgment is obtained; action referred to in Subdiv. (1) must be an action that plaintiff is about to bring in Connecticut upon which a Connecticut court will render judgment; prejudgment remedy statutes do not provide authorization for issuance of prejudgment remedy to secure an action brought to enforce a potential foreign judgment. 268 C. 264.
Conn. Gen. Stat. § 52-627 — Connecticut Code / Title 52 / Chapter 930 / Section 52-627
Sec. 52-627. Status of receiver as lien creditor.
Status: in_force

(1) Article 9 of title 42a as to receivership property that is personal property or fixtures; and

(2) Any provision of the general statutes that provides for filing on the land records of a town a certificate as to receivership property that is real property.
Conn. Gen. Stat. § 52-322 — Connecticut Code / Title 52 / Chapter 904 / Section 52-322
Sec. 52-322. Certificate of plaintiff dissolving attachment and removing lien upon happening of certain events or attachment becoming ineffective.
Status: in_force

When release of lis pendens inequitable. 162 C. 26. Cited. 180 C. 501; 209 C. 15.

Cited. 36 CA 206.

Cited. 4 Conn. Cir. Ct. 14; 6 Conn. Cir. Ct. 456.
Conn. Gen. Stat. § 52-549u — Connecticut Code / Title 52 / Chapter 922b / Section 52-549u
Sec. 52-549u. Arbitration of certain civil actions. Rules of procedure.
Status: in_force

Cited. 237 C. 758.

Cited. 9 CA 218. Not unconstitutional as abolishing right to trial by jury; that right is preserved by Sec. 52-549z. 13 CA 189. Cited. 15 CA 185.
Conn. Gen. Stat. § 52-592 — Connecticut Code / Title 52 / Chapter 926 / Section 52-592
Sec. 52-592. Accidental failure of suit; allowance of new action.
Status: in_force

(b) When any action has been brought against an executor or administrator or continued against an executor or administrator after the death of the defendant and has failed for any of the causes listed in subsection (a) of this section, the plaintiff, or his executor or administrator in case a cause of action survives, may commence a new action within six months after the determination of the original action.

(c) If an appeal is had from any such judgment to the Supreme Court or Appellate Court, the time the case is pending upon appeal shall be excluded in computing the time as above limited.

(d) The provisions of this section shall apply to any defendant who files a cross complaint in any action, and to any action between the same parties or the legal representatives of either of them for the same cause of action or subject of action brought to any court in this state, either before dismissal of the original action and its affirmance or within one year after the dismissal and affirmance, and to any action brought to the United States circuit or district court for the district of Connecticut which has been dismissed without trial upon its merits or because of lack of jurisdiction in such court. If such action is within the jurisdiction of any state court, the time for bringing the action to the state court shall commence from the date of dismissal in the United States court, or, if an appeal or writ of error has been taken from the dismissal, from the final determination of the appeal or writ of error.

(e) The provisions of this section shall apply to any claim against the state for which a notice of claim has been properly and timely filed with the Office of the Claims Commissioner in accordance with sections 4-147 and 4-148 and which thereafter has been dismissed by the Office of the Claims Commissioner pursuant to section 4-142 .

Original action held to have been defeated “for matter of form”. 56 C. 591; 108 C. 485. Does not apply to provision in insurance policy limiting right of action. 74 C. 514. Action for death by wrongful act is in statute. 91 C. 395; 102 C. 69. Is valid; authorizes continuance of suit begun in state court before dismissal of suit in federal court. 93 C. 412. Where action for death resulting from defendant's negligence is nonsuited, action can be recommenced within 1 year of date of nonsuit, although more than 1 year has elapsed from date of accident. 102 C. 69. Allegations of new complaint may set up different acts of negligence as long as cause of action remains the same. 108 C. 485. New action may substitute action under wrongful death statute of New York for original complaint erroneously counting on Connecticut wrongful death statute. Id., 444. Failure of officer to return writ to court is a default or neglect within statute. 116 C. 29. An appeal from a zoning board is not an “action” within statute. 126 C. 603. Modifies Sec. 52-555 if the circumstances bring the case within its terms. 134 C. 386. Defective appeal from nonsuit falls within section. 145 C. 99. Requirement that new action must be “for the same cause” explained. 148 C. 327. Appeal from architectural examining board not an “action” within meaning of section. 153 C. 124. Cited. 163 C. 388; 169 C. 646; 189 C. 401; 191 C. 150; 192 C. 301; 193 C. 28; 198 C. 229; 206 C. 491; 208 C. 230; 210 C. 175; Id., 721; 211 C. 431; 214 C. 464; 216 C. 11; Id., 412; 225 C. 13; 226 C. 831; 234 C. 169; 239 C. 265; Id., 574. Term “commenced”, as used in section to describe an initial action that “has failed ... to be tried on its merits because of insufficient service”, cannot be construed to mean good, complete and sufficient service of process. 268 C. 541. Judgment of trial court rendered following arbitration pursuant to Sec. 52-549u is an action “tried on the merits” within the meaning of Subsec. (a). 341 C. 332.

Cited. 7 CA 245; 11 CA 156; 18 CA 515; 22 CA 625; 23 CA 404. Should not be construed so liberally as to render statutes of limitation virtually meaningless. 24 CA 239. Cited. 28 CA 653; 29 CA 132; 32 CA 187; 34 CA 732; 41 CA 297. Since section uses “action” and “cause of action”, and not “claim”, to refer to what is allowed to be brought under its provisions, trial court incorrectly concluded that savings provisions of section operate only to save the exact state law claims that were dismissed without prejudice in federal court, but do not permit the bringing of additional state law claims arising from same set of facts. 49 CA 715. Failure to return complaint for two and one-half years not diligent as required for application of statute. 50 CA 632. Second action improperly dismissed without affording plaintiff opportunity to present evidence on the issue of when he received notice of prior dismissal; plaintiff who fails to receive timely notice of dismissal of original action is not barred from pursuing the action pursuant to section. 68 CA 238. Plaintiff could not avail himself of statute where alleged breach of contract occurred in 1993, where the action had been dismissed for dormancy in 1997 and dismissed again in 1999 for failure to close the pleadings, and where plaintiff failed to file a motion to open that dismissal or to proffer any explanation for his conduct. 69 CA 614. Plaintiff must have commenced an original action before statute can be applied to save a subsequent action. 78 CA 235. Plaintiff not required to plead or prove that statute was applicable to his action because defendants had not raised a statute of limitations defense. Id., 783. Previous claims that were not tried on their merits not saved by statute because they were not commenced within time periods set forth in applicable statutes of limitations; previous action cannot qualify as “original action” for purposes of statute because action did not fail to be heard as matter of form, but as part of settlement by parties. 84 CA 1. “Action”, for the purpose of section, means a civil action commenced in a court of law, not an arbitration before a panel of arbitrators as an alternative to a civil action; Sec. 4-61 arbitration proceeding is not an action under section. 87 CA 367. Dismissal of prior case because of lack of attention and diligence of counsel does not qualify case for continuation of action through invocation of section. 99 CA 540. If found that the nature and extent of conduct that led to disciplinary dismissal involves excusable neglect, plaintiff is entitled to relief. 114 CA 244. There is no distinction, for purposes of taking advantage of section, between a plaintiff who voluntarily dismisses its action because of want of jurisdiction and one whose action is dismissed because it has conceded lack of jurisdiction; dismissal for want of jurisdiction does not need to be the result of mistake or accident for section to apply. 116 CA 144. Dismissal of plaintiff's federal action without prejudice for failure to state a claim upon which relief can be granted falls within the protection afforded by section. 131 CA 99. Section is not available to save plaintiff's untimely disability discrimination and retaliation claims because such claims involve a new cause of action that is separate from and would require a demonstration of conduct completely distinct from her previous race discrimination claims. 136 CA 759. Statute does not exempt plaintiff from two-year time limit for bringing a wrongful death action under Sec. 52-555 where previous action was brought in an individual capacity and present action is brought in an administrative capacity. 212 CA 147.

Cited. 15 CS 310; Id., 505. Allegations necessary to bring the matter within the purview of section should appear either by anticipation in the complaint or in the reply to a defense of the statute. 17 CS 3. Analogous to Sec. 52-125. Id., 409. Where plea in abatement is sustained, plaintiff may bring new action under section notwithstanding the statute of limitations. 18 CS 443. Cited. Id., 482; 20 CS 377. Obvious intention to make statute exceedingly broad and sweeping in scope; “any matter of form” refers to mode of procedure; statute remedial in character. 22 CS 207. Where plaintiff had brought a timely appeal under Sec. 12-118 which was nonsuited, he is not entitled to rely on this section to bring a new appeal on the same cause of action after the 2-month limitation had run, since the proceeding involving an appeal under Sec. 12-107c(d) is not the type of action which comes within the saving protection of this section. 26 CS 168. Cited. 29 CS 246; 33 CS 174. Fact that an abortive action was instituted in Connecticut to appoint an administrator does not invoke statute so as to shorten period of the general statute of limitation. 36 CS 121. Cited. Id., 269; 40 CS 266. Applies where service defeated by defendant's death, service was upon commissioner and plaintiff did not return the summons and complaint to court due to insufficiency of process. 50 CS 253.

Where default judgment was rendered for defendant in small claims session on failure of plaintiff to prosecute, default judgment was a “judgment of nonsuit” and plaintiff could commence new action under section. 3 Conn. Cir. Ct. 3, 4. Whether plaintiff is entitled to pursue his action under statute presented under pleadings an issue of law properly determined by court upon defendant's motion for summary judgment. 5 Conn. Cir. Ct. 487. Cited. 6 Conn. Cir. Ct. 643, 694.

Subsec. (a):

Cited. 192 C. 138. Specifically authorizes commencement of new action where prior action was dismissed for want of jurisdiction; Appellate Court judgment in 20 CA 223 reversed. 216 C. 11. “Original action” means first action filed within time allowed by applicable statute of limitations. Id., 412. Cited. 236 C. 701. Disciplinary dismissals are not excluded categorically from relief afforded by statute, and plaintiff claiming benefit of statute must be afforded opportunity to show that plaintiff's noncompliance with court order was due to mistake, inadvertence or excusable neglect. 243 C. 569. Applies to actions otherwise barred by applicable statute of limitations, does not operate to save plaintiff's action from contractual limitation period for bringing suit. 246 C. 378. Where a federal action and second state action were for same cause, federal action was the “original action”, i.e. first action filed within time allowed by the applicable statute of limitations; 216 C. 412 affirmed; policy of statute discussed. 250 C. 105. Appellate Court properly ruled that plaintiff's appeal of an initial action was moot because defendant acknowledged that Subsec. precluded any statute of limitations defense in the second action that wasn't applicable in the first action and therefore the first action, which only differed in the manner and date of service and the return date, was moot. 265 C. 650. Motion to cite in an additional defendant does not constitute a new “action” under Subsec. 299 C. 84. When a medical malpractice action has been dismissed pursuant to Sec. 52-190a(c) for failure to supply opinion letter by a similar health care provider required by Sec. 52-190a(a), plaintiff may commence an otherwise time barred new action pursuant to the matter of form provision of Subsec. only if that failure was caused by simple mistake or omission, rather than egregious conduct or gross negligence attributable to plaintiff or his attorney. 300 C. 33. Action dismissed for failure to provide a good faith certificate as required by Sec. 52-190a was not saved by this section where trial court found that the failure to supply certificate could not be said to be the result of mistake, inadvertence or excusable neglect. 308 C. 338. Phrase “commenced within the time limited by law” includes the additional 30-day period for service by a marshal set forth in Sec. 52-593a; if defendant has actual notice within the 30-day period, savings provision of Subsec. would apply. 313 C. 516.

Plaintiff limited to bringing new action within 1 year from end of original action, not the last action. 11 CA 156. Not device for avoiding rules of res judicata. 28 CA 653. Dismissal due to party's pattern of delay can result in barring relief pursuant to Subsec. 62 CA 775. Plaintiff's original action was an “action” within meaning of Subsec. despite the fact that defendant named in that action had died prior to commencement of the action. 71 CA 697. Applicability of statute depends on particular nature of conduct involved, i.e., mere mistake, inadvertence or excusable neglect vs. egregious conduct. 72 CA 601. Plaintiff's failure to object in a timely manner to motion to dismiss waives right to later challenge. 85 CA 746. Plaintiff may not take advantage of the accidental failure of suit statute following a judgment of nonsuit when plaintiff failed to comply with a court order to answer defendants' written discovery and was not the victim of a lawyer's errors because she was not represented by counsel concerning her litigation. 135 CA 506. Compulsory arbitration judgment rendered under Sec. 52-549z is an action “tried on its merits” for purposes of Subsec. (a), and Nunno v. Wixner , 257 C. 671, finding that compulsory arbitration was not a “trial” for purposes of Sec. 52-192a(c), does not control as the statutes at issue here and in Nunno have different purposes and are textually distinguishable. 200 CA 660.

A disciplinary dismissal that results from counsel for plaintiff's blatant and egregious conduct and refusal to comply with court orders is not intended to be condoned or sanctioned by the statute's matter of form provision. 52 CS 435; judgment affirmed, see 139 CA 88. Relief not available under Subsec. when conduct of plaintiff's attorney, in repeatedly ignoring the court's orders, went well beyond mistake, inadvertence or excusable neglect and constituted a knowing, blatant and egregious disregard for the court and the rules of practice. 53 CS 220; judgment affirmed, see 147 CA 299.

Subsec. (d):

Trial court has subject matter jurisdiction over federal due process claims not tried on the merits in the federal courts. 54 CA 178.
Conn. Gen. Stat. § 52-382 — Connecticut Code / Title 52 / Chapter 906 / Section 52-382
Sec. 52-382. Levy on nonresident garnishee.
Status: in_force

Cited. 121 C. 315; 153 C. 588.
Conn. Gen. Stat. § 52-407dd — Connecticut Code / Title 52 / Chapter 909 / Section 52-407dd
Sec. 52-407dd. Effect of agreement to arbitrate; nonwaivable provisions.
Status: in_force

(b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:

(1) Waive or agree to vary the effect of the requirements of subsection (a) of section 52-407ee , subsection (a) of section 52-407ff , section 52-407hh , subsection (a) or (b) of section 52-407qq and section 52-407zz or 52-407bbb ;

(2) Agree to unreasonably restrict the right under section 52-407ii to notice of the initiation of an arbitration proceeding;

(3) Agree to unreasonably restrict the right under section 52-407 ll to disclosure of any facts by a neutral arbitrator; or

(4) Waive the right under section 52-407pp of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under sections 52-407aa to 52-407eee , inclusive, provided an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

(c) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or section 52-407cc , 52-407gg , 52-407nn or 52-407rr , subsection (d) or (e) of section 52-407tt , or sections 52-407vv to 52-407yy , inclusive, and sections 52-407ccc to 52-407eee , inclusive, or section 37-3a .
Conn. Gen. Stat. § 52-256b — Connecticut Code / Title 52 / Chapter 901 / Section 52-256b
Sec. 52-256b. Award of attorney's and officer's fees in contempt action.
Status: in_force

(b) This section shall not apply to the case of any person found in contempt of an order of the Superior Court entered under sections 46b-60 to 46b-62 , inclusive, 46b-81 to 46b-83 , inclusive, or 46b-86 , which is provided for under section 46b-87 .

Cited. 11 CA 610; 18 CA 119; 22 CA 136; 26 CA 326. Court's award of attorney's fees had no factual basis where there was no evidence of the preparation of the case by plaintiff's counsel and no hearing on such fees, and the reasonableness of fees was not proven. 129 CA 380. In civil contempt proceeding, due process requires the opportunity for defendant to have a hearing to present her own evidence and cross-examine witnesses re the extent of plaintiffs' attorney's fees and costs. 130 CA 835.
Conn. Gen. Stat. § 52-83 — Connecticut Code / Title 52 / Chapter 897 / Section 52-83
Sec. 52-83. Nonresident plaintiff's appearance by attorney sufficient.
Status: in_force

An objection that the attorney appears without authority must be taken early. 2 R. 348. Applies where nonresident plaintiff sues under a trade name. 94 C. 85.
Conn. Gen. Stat. § 52-225d — Connecticut Code / Title 52 / Chapter 900 / Section 52-225d
Sec. 52-225d. Payment of damages in lump sum and periodic installments in personal injury, wrongful death and property damage actions.
Status: in_force

(b) (1) If the parties agree on the terms of payment pursuant to subdivision (3) of subsection (a) of this section, with respect to recoverable economic damages and recoverable noneconomic damages in excess of two hundred thousand dollars, the court shall, subject to a determination by the court that the terms of subsection (e) of this section have been satisfied, enter an amended judgment incorporating such agreement of the parties into the amended judgment. (2) If the parties fail to agree on the terms of payment pursuant to subdivision (3) of subsection (a) of this section, with respect to the payment of damages in excess of two hundred thousand dollars, the court shall enter an amended judgment to provide for the payment of such damages in a lump sum.

(c) If an amended judgment for periodic installment payments is entered pursuant to subsection (b) of this section, that portion of the contingency fee or any other payment arranged between the claimant and the attorney for professional services relating to recoverable economic damages and recoverable noneconomic damages subject to periodic installment payments as required under such amended judgment shall be payable in periodic installment payments in accordance with an order to be entered by the court simultaneously with but separate and apart from the amended judgment, unless prior to the entry of that order the claimant and such attorney have otherwise agreed and so informed the court.

(d) The time within which any party aggrieved by a judgment of the court made under this section may appeal shall run from the issuance of notice of the rendition of the later-filed of the judgment or amended judgment prescribed by subsection (a) of this section or the amended judgment prescribed by subsection (b) of this section.

(e) The court shall require any party liable for the payment of damages in periodic installment payments to demonstrate to the court its ability to make such periodic installment payments and, if appropriate, at the discretion of the court, require such party to post and maintain security adequate to assure full payment of such party's portion of the unpaid damages.

(f) If the court enters judgment for periodic installment payments pursuant to subsection (a) or (b) of this section and a claimant dies before the end of the period during which such periodic installment payments are to be made, the obligation of the defendant or defendants to make such periodic installment payments shall not cease until the remaining financial obligation of the defendant or defendants has, in accordance with an order of a court having jurisdiction in the matter, been paid into the estate of the claimant in periodic installment payments or distributed to the beneficiary or beneficiaries of the estate as such court may direct and such distribution shall be binding as to any party making periodic installment payments hereunder.

(g) Nothing in this section shall be construed to limit the right of a claimant, defendant or defendants and insurers to settle claims as they consider appropriate and in their complete discretion at any time.

(h) Following the fulfillment of all obligations specified in the judgment for periodic installment payments, any obligation of the defendant or any other person to make further payments pursuant to this section shall cease.

Cited. 212 C. 217; 214 C. 1; 216 C. 605; 217 C. 1; 221 C. 473; 231 C. 77.

Statute does not preclude listing of subcategories of classes of damages it specifies and does not take away court's common-law power to require jury to render a special verdict where plaintiff requests such a verdict. 64 CA 160.

Subsec. (a):

Subdiv. (1): Relationship between awards of economic and noneconomic damages discussed; judgment of Appellate Court in 35 CA 301 reversed. 235 C. 107.
Conn. Gen. Stat. § 52-110 — Connecticut Code / Title 52 / Chapter 898 / Section 52-110
Sec. 52-110. Summoning in of third parties by defendant who counterclaims.
Status: in_force

Defendant cannot cite in parties whose legal relation is only to himself, by raising issues which do not affect the judgment to be rendered. 50 C. 583. Cited. 68 C. 157.

Cited. 25 CA 251; 41 CA 754.
Conn. Gen. Stat. § 52-22 — Connecticut Code / Title 52 / Chapter 895 / Section 52-22
Sec. 52-22. Courts may pass title to real property by decree.
Status: in_force

This method is more simple and direct than requiring defendant to execute a deed. 22 C. 175. Title passes by the decree only as of its date, and is not available at law against a prior legal title. 28 C. 597. When a court of equity is acting in rem, it is not essential that the court have jurisdiction of the person of defendant. 139 C. 506. Used in conjunction with Sec. 46-22a of divorce statutes. 154 C. 107. Cited. 168 C. 579; 169 C. 85; 170 C. 455; 178 C. 308.

Cited. 1 CA 256; 2 CA 635; 6 CA 301; 17 CA 431; 23 CA 629; 30 CA 305. Section is not a separate source of statutory relief; a court may exercise its equitable powers under section when it has rendered a judgment affecting title to property, the enforcement of which has somehow been hindered or frustrated; in such a case, passing title under section is the proper mode to equitably enforce the court's decree; in present case, court's decree was improper because it was unnecessary to carry the court's judgment into effect. 140 CA 271.

Cited. 22 CS 149. Used in conjunction with Sec. 46-22a. 29 CS 1. Cited. Id., 462.
Conn. Gen. Stat. § 52-289 — Connecticut Code / Title 52 / Chapter 904 / Section 52-289
Sec. 52-289. Attachment of corporate rights or shares.
Status: in_force

Absence of cashier. 17 C. 259. Equitable interests in stock can be taken. 33 C. 379. Equitable interest in stock of foreign corporation, held here as collateral, is not attachable. 53 C. 400. Proceedings to attach shares of stock owned by nonresident in corporation of this state. 84 C. 618. Provision concerning dividends. 242 U.S. 357. Effect of false statement as to amount of stock owned by defendant, made by secretary of corporation to officer; liability of corporation on grounds of estoppel. 100 C. 260.

Cited. 5 CS 388; 16 CS 95.
Conn. Gen. Stat. § 52-199 — Connecticut Code / Title 52 / Chapter 900 / Section 52-199
Sec. 52-199. Questions which need not be answered. Self-incrimination.
Status: in_force

(b) The right to refuse to answer a question, produce a document or disclose a title may be claimed by the party interrogated or by counsel in his behalf.

See Sec. 51-35 re witnesses' imprisonment for refusal to testify and protection against self-incrimination.

See Sec. 54-84 re option of accused to testify or remain silent during trial.

Answers to interrogatories did not expose defendant to self-degradation and self-incrimination. 137 C. 404. Privilege against self-incrimination does not apply to corporations. 212 C. 661. Cited. 229 C. 716.

Cited. 32 CA 811; 37 CA 456; judgment reversed, see 236 C. 176.

The term “any hearing or trial” includes the taking of a deposition. 31 CS 66. Cited. 32 CS 306.
Conn. Gen. Stat. § 52-266 — Connecticut Code / Title 52 / Chapter 902 / Section 52-266
Sec. 52-266. Several issues; new trial to be limited to issue in error.
Status: in_force

Reversal vacates whole judgment if it is not separable. 4 C. 196; 77 C. 537; 78 C. 202. But if erroneous portion is separable, new trial may be restricted to that portion; 1 R. 138; 8 C. 458; 15 C. 101; 31 C. 62; 32 C. 15; 64 C. 320; 72 C. 657; 76 C. 585; 80 C. 402; as in assessment of damages; 64 C. 320; 68 C. 237; 71 C. 452; 72 C. 617; 74 C. 546; 75 C. 197; 79 C. 189; 94 C. 507; 105 C. 662; 107 C. 72, 586; 108 C. 561; but error as to damages requires new trial unless way they were determined appears; 93 C. 413; in suits for construction of will; 65 C. 183; 67 C. 19; or only error is as to relief given; 79 C. 284; 105 C. 662; 107 C. 72; or in form of judgment. 74 C. 661. When proper to grant new trial as to certain issues. 94 C. 507; 107 C. 72. Where judgment is for one defendant and against rest, judgment for former may be separately affirmed. 71 C. 64; 78 C. 285. Judgment doubling or trebling damages may be reversed as to that part alone. 66 C. 578; 87 C. 253. If erroneous ruling as to damages enters into whole judgment, all falls. 67 C. 400. Where error lies at basis of judgment and justice requires retrial. 81 C. 467. Where injunction granted was too broad. 70 C. 516. Where judgment in contract action against two is reversed as to one. 75 C. 605. Where judgment is joint and only one party appeals. 89 C. 214. A judgment against several tortfeasors may be reversed as to some only. 83 C. 29. A part of a decree affecting one party, as to which no one objected, not disturbed. Id., 700. Where trial court improperly passed on question, cause was remanded with directions to enter judgment on portion properly determined. 65 C. 183. Whether trial court can require new trial as to one issue, quaere. 81 C. 104. Portion of judgment granting injunction may be set aside, rest affirmed. 90 C. 108. Part of probate decree may be set aside, rest affirmed. 92 C. 286. When general verdict rendered, and no interrogatories submitted, new trial will not be granted for error in trial of one count of complaint. 98 C. 62; 100 C. 321, 493; 104 C. 28. Only remedy for erroneous refusal to direct verdict is grant of a new trial. 107 C. 733. Cited. 182 C. 366; 190 C. 791; 191 C. 282; 207 C. 308.

Cited. 4 CA 46; 26 CA 1. Section empowers court to order a retrial restricted in scope to a unique issue or issues. 63 CA 199.

Cited. 6 Conn. Cir. Ct. 240. No right to jury trial in a summary process proceeding in which no money damages are claimed. Id., 246.
Conn. Gen. Stat. § 52-332 — Connecticut Code / Title 52 / Chapter 905 / Section 52-332
Sec. 52-332. Corporation as garnishee; disclosure; nonappearance.
Status: in_force

Cited. 6 Conn. Cir. Ct. 53.
Conn. Gen. Stat. § 52-560 — Connecticut Code / Title 52 / Chapter 925 / Section 52-560
Sec. 52-560. Damages for cutting trees, timber or shrubbery. Exclusion.
Status: in_force

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

Increased damages are allowed not as a penalty but as compensation for the injury to landowner. 74 C. 134; 87 C. 468. Is constitutional. 82 C. 5. Nature of right given; possession of land by plaintiff necessary element. 90 C. 576. Burden of proving honest mistake under statute rests on defendant. 105 C. 368. Cited. 125 C. 331. Not a penal statute; damages may be, and generally are, compensatory in nature; it is jury's duty, if defendant is found liable, to treble the value of trees. 134 C. 592. Proof of title and absence of actual, exclusive possession by another are sufficient to show constructive possession. 136 C. 597. Cited. 185 C. 195. Trial court properly determined that replacement cost of trees was not a proper measure of damages. 275 C. 105.

In order to recover treble damages under statute, the complaint must clearly state that the claim for relief is based upon the statutory remedy. 1 CA 303. Cited. 43 CA 1; 45 CA 56. Replacement cost of destroyed trees is not a proper measure of damages under section. 75 CA 781. Does not preempt the field of remedies, but rather provides for an enhancement of common-law damages by providing for treble damages in certain circumstances. 131 CA 306; judgment affirmed, see 309 C. 62. Award of damages for cost of cleaning up and screening property with new trees was improper where plaintiff only introduced evidence of replacement cost of trees, rather than proper measure of damages such as market value of severed trees or diminution in real property value. 133 CA 572. Section does not provide for attorney's fees or punitive damages. 134 CA 538. An action under section is an action in trespass with a prescribed measure of recovery of damages; plaintiff cannot recover if defendant had license or permission of the owner; failure to prove elements of the underlying trespass dooms an action under section. 170 CA 459.

For mitigation of treble damages provision, requirement is that defendant be “guilty through mistake” and believe that “timber was growing on his own land”; requirements are not in the alternative; legislative history of section. 22 CS 195. The true measure of damages is the reasonable market value of a severed tree or the diminution of the value of the land because of its loss; evidence of replacement cost of a tree and a charge to the jury this could be “reasonable value” was error. 31 CS 536.
Conn. Gen. Stat. § 52-178 — Connecticut Code / Title 52 / Chapter 899 / Section 52-178
Sec. 52-178. Adverse party or officer, agent or employee thereof may be compelled to testify.
Status: in_force

Authorizes a party to require his adversary to give a deposition. 30 C. 358. Cited. 76 C. 116. Court can compel party to produce document in his hands in court. Id., 479. Defaulted defendant could be called as witness by plaintiffs in proceeding against other defendants, although he could not disclaim his own liability. 149 C. 459. Plaintiff may introduce in evidence defendant's motor vehicle accident report to show inconsistencies between testimony of defendant as a witness for plaintiff and statements in the report; since defendant had identified the report as his own, the fact that someone else may actually have filled in the body of the report did not make it inadmissible. 150 C. 349. Testimony re matters not brought to issue by the pleadings inadmissible on plaintiff's examination. 151 C. 193. Counsel for party called as witness under statute can ask leading questions on his cross-examination. Id., 402. After plaintiff's statutory direct examination, cross-examination of defendant must deal only with matters covered on direct examination. 154 C. 129, 154. Defendant called as a witness by plaintiff testified he did not know the passengers in his own car; fact for jury whether potential witnesses were known to defendant. Id., 212. Cited. 158 C. 165; 171 C. 35; 200 C. 9; 211 C. 555; 232 C. 632.

Cited. 14 CA 178.

History discussed; act as amended merely broadens definition of “adverse party” to include specified personnel of corporations, partnerships or associations; the taking of depositions is still restricted by Secs. 52-148, 52-149 and 52-152. 23 CS 249. Cited. 26 CS 338.

In motion to open judgment, mover must show how alleged erroneous ruling was prejudicial to him. 2 Conn. Cir. Ct. 110. Defendant's failure to produce witnesses, relying on insufficiency of plaintiff's case, does not permit inference that witness' testimony would have been favorable to plaintiff. 4 Conn. Cir. Ct. 649.
Conn. Gen. Stat. § 52-407oo — Connecticut Code / Title 52 / Chapter 909 / Section 52-407oo
Sec. 52-407oo. Arbitration process. Replacement arbitrator.
Status: in_force

(b) An arbitrator may decide a request for summary disposition of a claim or particular issue:

(1) If all interested parties agree; or

(2) Upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.

(c) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.

(d) At a hearing under subsection (c) of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.

(e) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with section 52-407kk to continue the proceeding and to resolve the controversy.
Conn. Gen. Stat. § 52-571b — Connecticut Code / Title 52 / Chapter 925 / Section 52-571b
Sec. 52-571b. Action or defense authorized when state or political subdivision burdens a person's exercise of religion.
Status: in_force

(b) The state or any political subdivision of the state may burden a person's exercise of religion only if it demonstrates that application of the burden to the person (1) is in furtherance of a compelling governmental interest, and (2) is the least restrictive means of furthering that compelling governmental interest.

(c) A person whose exercise of religion has been burdened in violation of the provisions of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against the state or any political subdivision of the state.

(d) Nothing in this section shall be construed to authorize the state or any political subdivision of the state to burden any religious belief.

(e) Nothing in this section shall be construed to affect, interpret or in any way address that portion of article seventh of the Constitution of the state that prohibits any law giving a preference to any religious society or denomination in the state. The granting of government funding, benefits or exemptions, to the extent permissible under the Constitution of the state, shall not constitute a violation of this section. As used in this subsection, the term “granting” does not include the denial of government funding, benefits or exemptions.

(f) For the purposes of this section, “state or any political subdivision of the state” includes any agency, board, commission, department, officer or employee of the state or any political subdivision of the state, and “demonstrates” means meets the burdens of going forward with the evidence and of persuasion.

Religious society was owner of property that was subject to zoning appeal and therefore individual member of society lacked standing under section because member's claim was derivative of society's claim; religious society has standing to bring action under section in order to preserve its rights under Art. I, Sec. 3 of Connecticut Constitution; the terms “burden” and “exercise of religion” are not plain and unambiguous in this land use case, and do not provide broader protection than under the federal Religious Land Use and Institutionalized Persons Act of 2000, and the court did not believe that legislature intended that land use decision regarding proposed construction of a place of worship would raise religious exercise issues and thus be subject to strict scrutiny under statute. 285 C. 381. Subsec. (d) does not purport to confer on religious institutions immunity from employment discrimination actions but, rather, operates as rule of construction for whole section, as further evidenced by dissimilarity between its language and language of statutes that do confer immunity. 329 C. 684.

Plaintiff could not prevail on claim that, pursuant to Subsec. (b), antidiscrimination statutes should be enforced against religious institution upon showing of compelling state interest; although Subsecs. (a) and (b) authorize state to burden “exercise” of a person's religion upon showing of compelling state interest, Subsec. (d) expressly precludes state from burdening “any religious belief”, and because internal governance of religious institution, including employment of ministers and clergy, is a protected religious belief of the institution, commission correctly determined that it lacked jurisdiction. 98 CA 646.

Plaintiff's claim re injuries she suffered while voluntarily participating in church healing ritual service are based on religious exercise and not religious belief, and are therefore subject to strict scrutiny under Subsecs. (a) and (b); plaintiff cannot prevail under “public safety exception” of Art. I, Sec. 3 of Connecticut Constitution. 52 CS 218; judgment affirmed, see 134 CA 459.
Conn. Gen. Stat. § 52-245 — Connecticut Code / Title 52 / Chapter 901 / Section 52-245
Sec. 52-245. False statement concerning defense. Costs.
Status: in_force

Cited. 186 C. 673.

Cited. 4 CA 669.

Award of double costs and counsel fee under section is in trial court's discretion and its decision will not be disturbed on appeal. 5 Conn. Cir. Ct. 150.
Conn. Gen. Stat. § 52-331 — Connecticut Code / Title 52 / Chapter 905 / Section 52-331
Sec. 52-331. Disclosure by garnishee to officer.
Status: in_force

Cited. 56 C. 435; 107 C. 550.

Motion to quash granted where officer who served writ of attachment of defendant's bank accounts, failed to state this in his return. 6 Conn. Cir. Ct. 51.
Conn. Gen. Stat. § 52-180c — Connecticut Code / Title 52 / Chapter 899 / Section 52-180c
Sec. 52-180c. Admissibility of evidence of sexual misconduct.
Status: in_force

(b) The following evidence is not admissible in a civil proceeding involving alleged sexual misconduct: (1) Evidence offered to prove that a victim engaged in other sexual behavior; or (2) evidence offered to prove a victim's sexual predisposition.

(c) Notwithstanding the provisions of subsection (b) of this section, the court may admit the evidence in a civil case if the probative value of such evidence substantially outweighs the danger of (1) harm to any victim; and (2) unfair prejudice to any party. The court may admit evidence of a victim's reputation only if the victim has placed the victim's reputation in controversy.

(d) If a party intends to offer evidence under subsection (c) of this section, the party shall: (1) File a motion by lodging a record pursuant to the requirements set forth in the Connecticut Practice Book that specifically describes the evidence and states the purpose for which it is to be offered; (2) file such motion not later than fourteen days before the date on which the case is to be heard, unless the court, for good cause shown, prescribes a different time for the filing of such motion; (3) serve the motion on all parties in accordance with the rules of the court; and (4) notify the victim or, when appropriate, the victim's guardian or representative.

(e) Before admitting evidence pursuant to subsection (c) of this section, the court shall conduct an in camera hearing and give the parties and the victim the right to attend such hearing and be heard. Unless the court orders otherwise, the motion, related materials and the record of the hearing shall be sealed and remain sealed.
Conn. Gen. Stat. § 52-225h — Connecticut Code / Title 52 / Chapter 900 / Section 52-225h
Sec. 52-225h. Transfer of structured settlement payment rights: Required disclosures to payee.
Status: in_force

(1) The amounts and due dates of the structured settlement payments to be transferred;

(2) The aggregate amount of such payments;

(3) The discounted present value of the payments to be transferred, which shall be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the applicable federal rate used in calculating such discounted present value;

(4) The gross advance amount;

(5) An itemized listing of all applicable transfer expenses, other than attorney's fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;

(6) The net advance amount;

(7) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and

(8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.

See Sec. 52-225 l re transfer agreements to which applicable.
Conn. Gen. Stat. § 52-109 — Connecticut Code / Title 52 / Chapter 898 / Section 52-109
Sec. 52-109. Substituted plaintiff.
Status: in_force

One who has no right or interest cannot be substituted as plaintiff. 63 C. 460, 472. Substitution is not the commencement or institution of another suit. Id., 477. Cited. 65 C. 115; 72 C. 261. Where conservator brings action in his own name, and ward dies, his administrator may enter. 91 C. 680. Cited. 179 C. 246. Any defect in the standing of plaintiff who commences an action as the conservator of another person who has a colorable claim of injury is cured under section when such conservator becomes the administratrix of such person and is substituted as plaintiff in the present case. 312 C. 1. Addition or substitution of a plaintiff is discretionary, but generally should be allowed when, due to an error, misunderstanding or misconception, an action was commenced in the name of the wrong party, instead of the real party in interest, whose presence is required for a determination of the matter in dispute. 320 C. 535.

Cited. 1 CA 99; 25 CA 751; 31 CA 80; Id., 476; 33 CA 365. Section is remedial in nature and permits court to consider a motion to substitute in the face of a pending motion to dismiss. 136 CA 99. Plaintiff should have moved to have a proper party plaintiff substituted for him in mortgage foreclosure action. 149 CA 224. Plaintiffs did not demonstrate that their belief that they were proper parties to commence action was a reasonable one, held in good faith and not the result of their own negligence in failing to name the proper party such as to constitute mistake under section. 157 CA 55. The term “mistake” as used in section does not mean the absence of negligence. 165 CA 239. Substitution is not categorically barred in every situation in which the decedent pre-deceases the commencement of the original action. 176 CA 64. Administrative appeals commenced under Sec. 4-183 are “actions” salvageable under this section where administrative appeal has been commenced in the name of an improper party due to a mistake. Id. Substitution under section is not categorically unavailable to cure suits commenced by unauthorized parties. Id.

Cited. 18 CS 446. To determine the real matter in dispute, substitution of plaintiff must be allowed. 49 CS 542.
Conn. Gen. Stat. § 52-146s — Connecticut Code / Title 52 / Chapter 899 / Section 52-146s
Sec. 52-146s. Disclosure of confidential information between professional counselor and person consulting such professional counselor prohibited. Exceptions.
Status: in_force

(1) “Person” means an individual who consults a professional counselor for purposes of diagnosis or treatment;

(2) “Professional counselor” means an individual licensed as a professional counselor pursuant to chapter 383c;

(3) “Communications” means all oral and written communications and records thereof relating to the diagnosis and treatment of a person between such person and a professional counselor or between a member of such person's family and a professional counselor;

(4) “Consent” means consent given in writing by the person or such person's authorized representative;

(5) “Authorized representative” means (A) an individual empowered by a person to assert the confidentiality of communications which are privileged under this section, or (B) if a person is deceased, the personal representative or next of kin of such person, or (C) if a person is incompetent to assert or waive such person's privileges hereunder, (i) a guardian or conservator who has been or is appointed to act for the person, or (ii) for the purpose of maintaining confidentiality until a guardian or conservator is appointed, the person's nearest relative.

(b) Except as provided in subsection (c) of this section, a professional counselor shall not disclose any such communications unless the person or the authorized representative of such person consents to waive the privilege and allow such disclosure. The person or the authorized representative of such person may withdraw any consent given under the provisions of this section at any time in writing addressed to the individual with whom or the office in which the original consent was filed. The withdrawal of consent shall not affect communications disclosed prior to notice of the withdrawal.

(c) Consent of the person shall not be required for the disclosure of such person's communications:

(1) If a judge finds that a person, after having been informed that the communications would not be privileged, has made the communications to a professional counselor in the course of a mental health assessment ordered by the court, provided the communications shall be admissible only on issues involving the person's mental health condition;

(2) If, in a civil proceeding, a person introduces such person's mental health condition as an element of the claim or defense of such person or, after a person's death, the condition of such person is introduced by a party claiming or defending through or as a beneficiary of the person, and the judge finds that it is more important to the interests of justice that the communications be disclosed than that the relationship between the person and professional counselor be protected;

(3) Where mandated by any other provision of the general statutes;

(4) Where the professional counselor believes in good faith that the failure to disclose such communication presents a clear and present danger to the health or safety of any individual;

(5) If the professional counselor believes in good faith that there is risk of imminent personal injury to the person or to other individuals or risk of imminent injury to the property of other individuals;

(6) If child abuse, abuse of an elderly individual or abuse of an individual who is disabled or incompetent is known or in good faith suspected; or

(7) Where a professional counselor makes a claim for collection of fees for services rendered, the name and address of the person and the amount of the fees may be disclosed to individuals or agencies involved in such collection, provided notification that such disclosure will be made is sent, in writing, to the person not less than thirty days prior to such disclosure. In cases where a dispute arises over the fees or claims or where additional information is needed to substantiate the claim, the disclosure of further information shall be limited to the following: (A) That the person was in fact receiving professional counseling, (B) the dates of such services, and (C) a general description of the types of services.

Confidential communications disclosed under Subsec. (c)(6) pursuant to a mandatory report of child sexual abuse may be used both in an investigation to prevent future abuse and in a criminal investigation and prosecution to address past abuse. 300 C. 590.
Conn. Gen. Stat. § 52-522 — Connecticut Code / Title 52 / Chapter 921 / Section 52-522
Sec. 52-522. Pleadings.
Status: in_force

See Sec. 51-15 re rules of procedure in certain civil actions.
Conn. Gen. Stat. § 52-508 — Connecticut Code / Title 52 / Chapter 920 / Section 52-508
Sec. 52-508. Receiver to file semiannual statements.
Status: in_force

Damage for violation is set by statute. 7 CS 521.
Conn. Gen. Stat. § 52-552a — Connecticut Code / Title 52 / Chapter 923a / Section 52-552a
Sec. 52-552a. Short title: Uniform Fraudulent Transfer Act.
Status: in_force

Cited. 32 CA 537; 36 CA 305.
Conn. Gen. Stat. § 52-231 — Connecticut Code / Title 52 / Chapter 900 / Section 52-231
Sec. 52-231. Facts on which judgments found to appear on record.
Status: in_force

The facts found must justify the decree. 1 R. 207; 23 C. 83; Id., 536. Inferences of law from the facts found need not be expressly set forth. 29 C. 589. Judgment rendered without complying with statute is erroneous; decree not erroneous by insertion of immaterial facts. 47 C. 581. Cited. 60 C. 15; 69 C. 409; Id., 575. When statute does not preclude extrinsic evidence to explain judgment. 66 C. 248. Statute to be followed although no appeal is taken. 70 C. 504. Facts found form the basis of the judgment rendered. 72 C. 624. When finding must be made. Id., 613. Request for finding should ordinarily precede the judgment; should be liberally construed in aid of the jurisdiction of the Appellate Court. 73 C. 685. Purpose of statute; contents of judgment file in general. 83 C. 109. If all issues found for one party, judgment so stating good; otherwise facts must be found. 87 C. 617; 88 C. 118. Finding of “issue” construed to include all issues. 66 C. 249; 67 C. 74; 91 C. 378. If all issues not found for one party, judge should sign judgment file. 73 C. 360. Judgment file, not memorandum of decision or finding for appeal, shows issues decided. 72 C. 624; 73 C. 590; 76 C. 457; 78 C. 430; 80 C. 433; 87 C. 41. If facts not found, judgment file is defective. 74 C. 121; 109 C. 50. Should include only facts necessary to judgment; 75 C. 354; 88 C. 123; not those intended for appeal. 87 C. 31; Id., 617. Memorandum of decision as judgment. 76 C. 115; 82 C. 377; Id., 386; 89 C. 413. Finding as related to writ of error. 88 C. 143. If judgment for defendant is based on issues of answer, his counterclaim need not be mentioned. 73 C. 530. Issues not contained in recited allegations of judgment file are found not proven. 105 C. 510. Statute must be complied with in every case. 109 C. 51. Memorandum of decision is not judgment but merely a direction to enter judgment. Id., 50. Court has no power to make special finding after end of term in which judgment rendered. 112 C. 441. Improper to have special finding take place of finding made for purpose of appeal. 125 C. 622. Special finding cannot be claimed in connection with interlocutory ruling. 128 C. 295. Cited. 140 C. 457. Facts upon which a final judgment is predicated must appear in the judgment file. 141 C. 325. A judgment should not incorporate an exhibit since without a special order an exhibit does not remain part of the file. 147 C. 82. Court refused to make a particular finding since request not made until a week after judgment; not reviewed on appeal since party not harmed by the refusal. Id., 656. Cited. 164 C. 554; 180 C. 345; 212 C. 678.

Cited. 12 CS 192; 13 CS 44; 33 CS 549.
Conn. Gen. Stat. § 52-48 — Connecticut Code / Title 52 / Chapter 896 / Section 52-48
Sec. 52-48. Return day of process.
Status: in_force

(b) All process shall be made returnable not later than two months after the date of the process and shall designate the place where court is to be held.

Appeal from probate is an “action” under section. 63 C. 413; 76 C. 285. The right to begin a civil action at any time, which has always existed in this state, is not to be destroyed by statutory implication. 73 C. 229. Cited. Id., 562. Return day cannot be changed before service without reissuing writ. 74 C. 38. Meaning of phrase “to which it can be made returnable” as applied to appeal. 83 C. 677. Correction of mistake as to return day of probate appeal before service. 91 C. 110. Not applicable to motion to Supreme Court for order requiring trial court to make finding. 95 C. 691. Cited. 122 C. 153; 134 C. 605; 154 C. 416; 165 C. 435; Id., 440; 178 C. 472; 207 C. 547; 227 C. 848; 229 C. 618; 232 C. 392; 233 C. 352; 236 C. 330. Failure to return process in probate matter in accordance with section did not deprive Superior Court of jurisdiction over probate appeal. 289 C. 795.

Cited. 4 CA 209; 27 CA 590; 31 CA 793; judgment reversed, see 229 C. 618; 32 CA 335; 33 CA 6; 36 CA 635; judgment reversed, see 236 C. 330. Although section sets forth 2-month time limitation for return of process, the legislature, by enacting Sec. 52-72, clearly provided parties an avenue to correct a procedural error concerning such process. 61 CA 305.

Remedy for failure to return secondary process. 15 CS 307. Appeal from probate is a civil action within meaning of section. 18 CS 480. Amendment allowed where writ for personal injuries served within 1 year of injury inadvertently designated a return day less than 12 days from date of service. 20 CS 160. To allow motion to amend return day of writ to an earlier date would nullify Secs. 52-46 and 52-47. 28 CS 489. Cited. 29 CS 519; 40 CS 243.
Conn. Gen. Stat. § 52-575a — Connecticut Code / Title 52 / Chapter 926 / Section 52-575a
Sec. 52-575a. Action to enforce recorded private restrictions or notations on maps.
Status: in_force

Cited. 214 C. 464.

Plaintiff's claim not barred by 3-year statute of limitations because provisions in covenant document that defined restrictions on two lots owned by defendants evinced an intent that restrictions were for the benefit of view easements over such lots for the benefit of lot owned by plaintiffs, and were not merely private restrictions. 141 CA 238.
Conn. Gen. Stat. § 52-148e — Connecticut Code / Title 52 / Chapter 899 / Section 52-148e
Sec. 52-148e. Issuance of subpoena for taking of deposition. Deposition to be used in federal court or court of other state or foreign country. Objection to subpoena.
Status: in_force

(b) The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents or tangible things which are material to the cause of action or the defense of the party at whose request the subpoena was issued and within the possession or control of the person to be examined. However, no subpoena may compel the production of matters which are privileged or otherwise protected by law from discovery.

(c) Any person to whom a subpoena commanding production of books, papers, documents or tangible things has been directed may, within fifteen days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than fifteen days after service, serve upon the issuing authority designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party at whose request the subpoena was issued shall not be entitled to inspect and copy the disputed materials except pursuant to an order of the court in which the cause is pending. The party who requested the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition.

(d) The court in which the cause is pending may, upon motion made promptly and in any event at or before the time for compliance specified in a subpoena authorized by subsection (b) of this section, (1) quash or modify the subpoena if it is unreasonable and oppressive or if it seeks the production of materials not subject to production under the provisions of subsection (b) of this section, or (2) condition denial of the motion upon the advancement by the party who requested the subpoena of the reasonable cost of producing the materials which he is seeking.

(e) If any person to whom a lawful subpoena is issued under any provision of this section fails without just excuse to comply with any of its terms, the court before which the cause is pending, or any judge thereof, may issue a capias and cause him to be brought before such court or judge, as the case may be, and, if the person subpoenaed refuses to comply with said subpoena, such court or judge may commit him to jail until he signifies his willingness to comply with it.

(f) (1) Deposition of witnesses living in this state may be taken in like manner to be used as evidence in a civil action or probate proceeding pending in any court of the United States or of any other state of the United States or of any foreign country, on application to the court in which such civil action or probate proceeding is pending of any party to such civil action or probate proceeding. The Superior Court shall have jurisdiction to quash or modify, or to enforce compliance with, a subpoena issued for the taking of a deposition pursuant to this subsection.

(2) Any person to whom a subpoena has been directed in a civil action or probate proceeding, other than a party to such civil action or probate court proceeding, pending in any court of any other state of the United States or of any foreign country, which subpoena commands (A) the person's appearance at a deposition, or (B) the production, copying or inspection of books, papers, documents or tangible things may, within fifteen days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than fifteen days after service, serve upon the party who requested issuance of the subpoena written objection to appearing or producing, copying or permitting the inspection of such books, papers, documents or tangible things on the ground that the subpoena will cause such person undue or unreasonable burden or expense. Service of the objection shall be made by United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a state marshal or other officer. Such written objection shall be accompanied by an affidavit of costs setting forth the estimated or actual costs of compliance with such subpoena, including, but not limited to, the person's attorney's fees or the costs to such person of electronic discovery. If a person makes such written objection, the party who requested issuance of the subpoena (i) shall not be entitled to compel such person's appearance or receive, copy or inspect the books, papers, documents or tangible things, except pursuant to an order of the Superior Court, and (ii) may, upon notice to such person, file a motion with the Superior Court for an order to compel such person's appearance or production, copying or inspection of such materials in accordance with the terms of such subpoena. When ruling on such motion to compel, the Superior Court shall make a finding as to whether the subpoena subjects the person to undue or unreasonable burden or expense prior to entering any order to compel such person's appearance or the production, copying or inspection of such materials. If the Superior Court finds that the subpoena issued to the person subjects such person to undue or unreasonable burden or expense, any order to compel such person's appearance or production, copying or inspection of such materials shall protect the person from undue or unreasonable burden or expense resulting from compliance with such subpoena and, except in the case of a subpoena commanding the production, copying or inspection of medical records, may include, but not be limited to, the reimbursement of such person's reasonable costs of compliance, as set forth in the affidavit of costs.

(3) The provisions of subdivision (2) of this subsection shall not apply to a civil action filed to recover damages resulting from personal injury or wrongful death in which it is alleged that such injury or death resulted from the professional malpractice of a health care provider or health care institution.

See Sec. 52-161b re issuance of subpoena to crime victim by pro se litigant.

Cited. 211 C. 555; 216 C. 483; 230 C. 1. Because statute authorizes issuance of subpoenas for taking of a deposition to be used outside Connecticut in a civil action or probate proceeding only, defendant's attorney lacked authority to issue subpoenas compelling deposition testimony in connection with Rhode Island administrative proceeding. 276 C. 544.
Conn. Gen. Stat. § 52-557d — Connecticut Code / Title 52 / Chapter 925 / Section 52-557d
Sec. 52-557d. Defense of charitable immunity abolished.
Status: in_force

Extended statute of limitations in section was intended to address causes of action for personal injuries arising from intentional sexual misconduct rather than negligent sexual misconduct. 337 C. 627.
Conn. Gen. Stat. § 52-562 — Connecticut Code / Title 52 / Chapter 925 / Section 52-562
Sec. 52-562. Liability for fraud in contracting debt; concealing property.
Status: in_force

See Sec. 52-279 re conditions under which attachment may be granted.

Statute creates a new remedy. 19 C. 545. What constitutes a fraudulent concealment or withdrawal of property. 25 C. 368. Amount of the debt is ordinarily the rule of damages. 30 C. 413. Subsequent proceedings in insolvency, or insolvency in fact, no defense. Id., 412; 38 C. 76. Declaration. Id. Defense of offer of payment by note. Id., 77. Complaint held insufficient to show statutory fraud. 41 C. 241. Cited. Id., 301. Defendant held liable for refusing to disclose to officer the names of his debtors. 46 C. 270. A preconceived design not to pay for goods bought on credit is not essential to constitute fraud. 55 C. 277. Complaint charging a violation of statute, and on which defendant's body has been attached, cannot be amended by adding count in contract; 63 C. 370; 105 C. 679; nor is another action pending seeking recovery for same debt under common counts a ground for abatement. Id., 683. Refusal to find fraud held warranted on writ of error. 108 C. 94. History of statutes concerning body attachments and executions. 111 C. 229. Cited. 114 C. 53; 134 C. 207. Requires that fraudulent acts be specifically set up in complaint; evidence held to sustain ruling of not guilty of fraud. 136 C. 222.

Cited. 12 CS 106. Not enough to prove a debt under section; fraud must also be proved. 16 CS 158. Cited. 35 CS 130.
Conn. Gen. Stat. § 52-380a — Connecticut Code / Title 52 / Chapter 906 / Section 52-380a
Sec. 52-380a. Judgment lien on real property.
Status: in_force

(b) From the time of the recording of the judgment lien certificate, the money judgment shall be a lien on the judgment debtor's interest in the real property described. If, within four months of judgment, the lien is placed on real property which was previously attached in the action, the lien on that property shall hold from the date of attachment, provided the judgment lien certificate contains a clause referring to and identifying the attachment, substantially in the following form: “This lien is filed within four months after judgment in the action was rendered and relates back to an attachment of real property recorded on (month) (day) (year), at Volume ___ Page ___ of the ___ land records.”

(c) A judgment lien on real property may be foreclosed or redeemed in the same manner as mortgages on the same property.

(d) In the case of a consumer judgment, the complaint shall indicate whether, pursuant to an installment payment order under subsection (b) of section 52-356d , the court has entered a stay of execution and, if such a stay was entered, shall allege any default on an installment payment order which is a precondition to foreclosure. In addition, the judgment creditor shall give notice to the judgment debtor of the Ezequiel Santiago Foreclosure Mediation Program, established pursuant to section 49-31m , by attaching to the front of the writ, summons and complaint that is served on the judgment debtor: (1) A copy of the notice of foreclosure mediation, in such form as the Chief Court Administrator prescribes, (2) a copy of the foreclosure mediation certificate form described in subsection (c) of section 49-31 l , in such form as the Chief Court Administrator prescribes, and (3) a blank appearance form, in such form as the Chief Court Administrator prescribes. The notice of foreclosure mediation shall instruct the judgment debtor to file the appearance and foreclosure mediation certificate forms with the court not later than fifteen days from the return date for the foreclosure action. If the judgment debtor elects to participate in, and the court orders the case assigned to, said foreclosure mediation program, (A) the judgment debtor shall be entitled to the rights and shall assume the obligations of a mortgagor under sections 49-31k to 49-31o , inclusive, and (B) a judgment creditor shall be entitled to the rights and shall assume the obligations of a mortgagee under sections 49-31k to 49-31o , inclusive, except that the judgment creditor shall not be required to furnish the mortgage specific information described in subsection (d) of section 49-31 l , but instead shall furnish a copy of the underlying judgment, and an accounting of current interest and other charges incurred for the time period prescribed in subsection (d) of section 49-31 l . No action to foreclose a judgment lien filed pursuant to this section may be commenced unless an execution may issue pursuant to section 52-356a . The judgment lien shall expire twenty years after the judgment was rendered, except any judgment lien recorded with respect to a small claims action shall expire ten years after the judgment was rendered, unless the party claiming the lien commences an action to foreclose it within that period of time and records a notice of lis pendens in evidence thereof on the land records of the town in which the real property is located.

Cited. 210 C. 221; 219 C. 620; Id., 810; 220 C. 643. Where judgment lien certificate included information to allow a party acting with common prudence and ordinary diligence to ascertain original amount of the judgment secured, judgment lien was not rendered invalid or unenforceable because it did not contain such original amount; statute not subject to strict construction. 289 C. 692.

Cited. 8 CA 512; 28 CA 809; 30 CA 52; 39 CA 518. Legislative intent of section is to achieve the conformity necessary to make procedures for recording of state judgment liens applicable to in-state federal judgment liens under 28 USC 1962. 78 CA 305.

Subsec. (b):

Creditor seeking to assert priority rights pursuant to section and Sec. 52-328(b) must file a judgment lien within 4 months of a trial court's final judgment in creditor's favor, regardless of the possible pendency of an appeal. 238 C. 172.

Subsec. (c):

Deficiency judgment rendered pursuant to Sec. 49-14 may be obtained in judgment lien foreclosure actions brought pursuant to this section. 255 C. 379.
Conn. Gen. Stat. § 52-111 — Connecticut Code / Title 52 / Chapter 898 / Section 52-111
Sec. 52-111. Effect of change of parties.
Status: in_force

Cited. 54 C. 242; 63 C. 476.
Conn. Gen. Stat. § 52-556 — Connecticut Code / Title 52 / Chapter 925 / Section 52-556
Sec. 52-556. Actions for injuries caused by motor vehicles owned by the state.
Status: in_force

Cited. 143 C. 653; 144 C. 282; 185 C. 616. Legislature did not intend statute to authorize an additional cause of action for state employees or their representatives who are eligible for workers' compensation. 189 C. 550. Cited. 239 C. 265. State's waiver of sovereign immunity pursuant to section does not exempt the state from a reallocation of damages under Sec. 52-572h(g). 247 C. 256. Reiterated previous holdings that operation of motor vehicle encompasses both parking incidental to travel and movement where essential element is location of motor vehicle in travel lane. 287 C. 421. Section inapplicable where state not made a party to negligence action; court does not have authority to treat an action against a state employee as one against state. 297 C. 317. “Damages” does not include postjudgment interest, and state did not waive sovereign immunity with regard to postjudgment interest under Sec. 37-3b. Id., 798. When the state, by statute, waives its immunity to suit, the right to a jury trial cannot be implied, but instead must be affirmatively expressed; section does not expressly provide for a right to a jury trial, therefore there is no right to a jury trial brought under section. 330 C. 138. The phrase “any person” signifies that waiver applies without restriction to persons who are injured under circumstances specified in section and therefore extends to state employees, but does not preclude state from asserting against such state employees a defense to liability based on workers' compensation exclusivity provision in Sec. 31-284(a). 336 C. 669.

Cited. 7 CA 196; 10 CA 22; 20 CA 619. To constitute cause of action under statute, injury must result from negligent operation of motor vehicle by state employee or official. 82 CA 459. As a matter of law, state employee was “operating a motor vehicle” within the meaning of section based on facts where he left a state-owned truck running alongside of the road so he could perform required maintenance. 84 CA 535. Allegation defendant was operating a state vehicle in course of employment is insufficient ground to invoke statute as defense to dismissal for lack of jurisdiction when state was not a named party and never formally notified by plaintiff of pending action. 92 CA 158. Section authorizes suit against the state on the basis of the negligence of its employee, but not against the employee in his or her individual capacity. 154 CA 448. Trial court failed to properly instruct jury that the state may be held liable only if the state vehicle alleged to have caused the accident was being operated at the time of the accident, that a motor vehicle ordinarily is still being operated if it is parked incident to travel in a convenient or ordinarily appropriate place to park, and that the state may not be sued or held liable if the state vehicle is positioned or parked in a particular location so as to warn drivers as to the danger ahead or to serve as a protective barrier. 155 CA 462.

Cited. 15 CS 251. Statute abolishes defense of governmental immunity. 18 CS 36. Defendant's motion to expunge portion of complaint alleging truck owned by state was insured denied as statute gives right of recovery only where there is such insurance. 22 CS 212.

Negligence of a state official or employee must be established by a fair preponderance of all the evidence to recover damages. 4 Conn. Cir. Ct. 116.
Conn. Gen. Stat. § 52-250 — Connecticut Code / Title 52 / Chapter 901 / Section 52-250
Sec. 52-250. Costs of application to dissolve injunction.
Status: in_force

Judgment for costs upon withdrawal is a “final decree”; taxation of costs allowable within the discretion of the court is not reviewable. 62 C. 490.
Conn. Gen. Stat. § 52-557o — Connecticut Code / Title 52 / Chapter 925 / Section 52-557o
Sec. 52-557o. Liability of land surveyors.
Status: in_force

Cited. 238 C. 653; Id., 687.
Conn. Gen. Stat. § 52-572m — Connecticut Code / Title 52 / Chapter 925 / Section 52-572m
Sec. 52-572m. Product liability actions. Definitions.
Status: reserved

(a) “Product seller” means any person or entity, including a manufacturer, wholesaler, distributor or retailer who is engaged in the business of selling such products whether the sale is for resale or for use or consumption. The term “product seller” also includes lessors or bailors of products who are engaged in the business of leasing or bailment of products.

(b) “Product liability claim” includes all claims or actions brought for personal injury, death or property damage caused by the manufacture, construction, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging or labeling of any product. “Product liability claim” shall include, but is not limited to, all actions based on the following theories: Strict liability in tort; negligence; breach of warranty, express or implied; breach of or failure to discharge a duty to warn or instruct, whether negligent or innocent; misrepresentation or nondisclosure, whether negligent or innocent.

(c) “Claimant” means a person asserting a product liability claim for damages incurred by the claimant or one for whom the claimant is acting in a representative capacity.

(d) “Harm” includes damage to property, including the product itself, and personal injuries including wrongful death. As between commercial parties, “harm” does not include commercial loss.

(e) “Manufacturer” includes product sellers who design, assemble, fabricate, construct, process, package or otherwise prepare a product or component part of a product prior to its sale to a user or consumer. It includes a product seller or entity not otherwise a manufacturer that holds itself out as a manufacturer.

Cited. 187 C. 363; 192 C. 280; 200 C. 562; 203 C. 156; 204 C. 399. 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. Loss of consortium claim is not barred in action brought pursuant to product liability act, Sec. 52-572m et seq. 226 C. 282. Cited. 229 C. 213; Id., 500; 232 C. 559; 233 C. 732; 236 C. 769; 241 C. 199; 243 C. 168. “Commercial loss” does not encompass costs incurred by a commercial party in repairing or replacing a defective product or in repairing property damage caused by a defective product; “damage to property” is not limited to property owned by the party seeking to recover. 291 C. 224. 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; 11 CA 391; 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. Sidewalk constructed using form and pour method does not constitute a “product” under section. 66 CA 681.

Cited. 36 CS 137; 37 CS 735. Legislative meaning attributed to words “claimant” and “harm” are sufficiently broad to permit an award of punitive damages in connection with a product liability claim involving only damage to property. 39 CS 269. Cause of action alleging that electricity is a product and a large surge of electricity was a defective condition in defendant's product was not improper as a matter of law and doctrine of strict liability is applicable. 40 CS 120. Cited. 41 CS 179; Id., 411; 42 CS 153; 44 CS 510. Discussion of strict tort liability on sellers of used goods; no distinction between sellers of new and used products. 45 CS 531. The two parts of the “actionable harm” test are plaintiff's discovery “that he has been injured” and “that defendant's conduct caused that injury”. 46 CS 235.

Subsec. (a):

Defendant hospital is not a “product seller” under section because it did not actively advertise the medical product for sale to patients and the transaction with the patient was primarily for services, rather than the sale of a medical product. 340 C. 93.
Conn. Gen. Stat. § 52-243 — Connecticut Code / Title 52 / Chapter 901 / Section 52-243
Sec. 52-243. Costs when plaintiff is partly successful.
Status: in_force

Practice act changed former method of pleading defenses. 67 C. 377. Cited. 71 C. 198; 192 C. 301.

Section provides for costs only after a verdict in the trial court, not for costs arising from a prior appeal in which plaintiff prevailed in the Supreme Court. 187 CA 486.
Conn. Gen. Stat. § 52-577a — Connecticut Code / Title 52 / Chapter 926 / Section 52-577a
Sec. 52-577a. Limitation of action based on product liability claim.
Status: in_force

(b) In any such action, a product seller may implead any third party who is or may be liable for all or part of the claimant's claim, if such third party defendant is served with the third party complaint within one year from the date the cause of action brought under subsection (a) of this section is returned to court.

(c) The ten-year limitation provided for in subsection (a) of this section shall not apply to any product liability claim brought by a claimant who can prove that the harm occurred during the useful safe life of the product. In determining whether a product's useful safe life has expired, the trier of fact may consider among other factors: (1) The effect on the product of wear and tear or deterioration from natural causes; (2) the effect of climatic and other local conditions in which the product was used; (3) the policy of the user and similar users as to repairs, renewals and replacements; (4) representations, instructions and warnings made by the product seller about the useful safe life of the product; and (5) any modification or alteration of the product by a user or third party.

(d) The ten-year limitation provided for in subsection (a) of this section shall be extended pursuant to the terms of any express written warranty that the product can be used for a period longer than ten years, and shall not preclude any action against a product seller who intentionally misrepresents a product or fraudulently conceals information about it, provided the misrepresentation or fraudulent concealment was the proximate cause of harm of the claimant.

(e) The ten-year limitation provided for in subsection (a) of this section shall not apply to any product liability claim, whenever brought, involving injury, death or property damage caused by contact with or exposure to asbestos, except that (1) no such action for personal injury or death may be brought by the claimant later than eighty years from the date that the claimant last had contact with or exposure to asbestos, and (2) no such action for damage to property may be brought by the claimant later than thirty years from the date of last contact with or exposure to asbestos.

(f) The definitions contained in section 52-572m shall apply to this section.

(g) The provisions of this section shall apply to all product liability claims brought on or after October 1, 1979.

When the wrong sued upon consists of a continuing course of conduct, statute does not begin to run until that course of conduct is completed. 180 C. 230. Cited. 187 C. 363; 191 C. 150. Court held act to be constitutional; not in violation of equal protection or open access to courts. 200 C. 562. Cited. 203 C. 156; 205 C. 219; 207 C. 496; Id., 599; 210 C. 189; 212 C. 462; Id., 509; 213 C. 282; 214 C. 464; 230 C. 335. Doctrine of nullum tempus occurrit regi, i.e. no time runs against the king, exempts state from operation of section. 307 C. 412.

Cited. 16 CA 558; 31 CA 824; 46 CA 18; Id., 699. 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.

Cited. 37 CS 735; 44 CS 510. 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):

Section held constitutional. 207 C. 599.

Statute of limitations began to run when damage was first discovered. 48 CA 160.

Subsec. (b):

Requirement to serve third-party complaint within one year of case being returned to court is mandatory, not directory. 198 CA 24.

Subsec. (c):

Statute of repose in section is procedural in nature, thus amendment by P.A. 17-97 is to be applied retroactively absent express language to the contrary. 333 C. 283.

Enumerated factors merely are guidelines to aid fact finder in determining whether a product is within its safe and useful life. 76 CA 137.
Conn. Gen. Stat. § 52-184c — Connecticut Code / Title 52 / Chapter 899 / Section 52-184c
Sec. 52-184c. Standard of care in negligence action against health care provider. Qualifications of expert witness.
Status: in_force

(b) If the defendant health care provider is not certified by the appropriate American board as being a specialist, is not trained and experienced in a medical specialty, or does not hold himself out as a specialist, a “similar health care provider” is one who: (1) Is licensed by the appropriate regulatory agency of this state or another state requiring the same or greater qualifications; and (2) is trained and experienced in the same discipline or school of practice and such training and experience shall be as a result of the active involvement in the practice or teaching of medicine within the five-year period before the incident giving rise to the claim.

(c) If the defendant health care provider is certified by the appropriate American board as a specialist, is trained and experienced in a medical specialty, or holds himself out as a specialist, a “similar health care provider” is one who: (1) Is trained and experienced in the same specialty; and (2) is certified by the appropriate American board in the same specialty; provided if the defendant health care provider is providing treatment or diagnosis for a condition which is not within his specialty, a specialist trained in the treatment or diagnosis for that condition shall be considered a “similar health care provider”.

(d) Any health care provider may testify as an expert in any action if he: (1) Is a “similar health care provider” pursuant to subsection (b) or (c) of this section; or (2) is not a similar health care provider pursuant to subsection (b) or (c) of this section but, to the satisfaction of the court, possesses sufficient training, experience and knowledge as a result of practice or teaching in a related field of medicine, so as to be able to provide such expert testimony as to the prevailing professional standard of care in a given field of medicine. Such training, experience or knowledge shall be as a result of the active involvement in the practice or teaching of medicine within the five-year period before the incident giving rise to the claim.

Cited. 211 C. 555; 214 C. 1; 215 C. 701; 239 C. 574; 242 C. 1. There is no explicit incorporation of the definition in Sec. 52-184b with reference to a similar health care provider anywhere in this section; this suggests that legislature intended to incorporate the definition only with reference to defendant health care providers and not with reference to similar health care providers. 265 C. 79.

Cited. 34 CA 871; 44 CA 257; 46 CA 391.

Subsec. (a):

In claim for ordinary negligence for failure of health care provider to warn third party, expert testimony required to prove standard of care, breach of that standard and causation of injury. 262 C. 248. Expert testimony establishing standard of care at a particular hospital is relevant only if it comports with an accepted, applicable national standard of care. 289 C. 61.

Subsec. (b):

Absent evidence of specialized training, registered nurses are considered nonspecialists under Subsec. 172 CA 699.

Subsec. (c):

Good faith opinion letter from physician who is board certified in obstetrics and gynecology meets requirements of Subsec. because claims were related to care given by certified nurse-midwives and a registered nurse in same specialty. 314 C. 709.

Plaintiff's author of opinion letter does not fall within definition of “similar health care provider” under section because, unlike defendant physician, the author of the opinion letter is not board certified in emergency medicine. 168 CA 47. Author of plaintiff's opinion letter does not fall within definition of “similar health care provider” under section because, unlike defendant who is an anatomic pathologist, the author of the opinion letter is a clinical pathologist. 187 CA 555.

Subsec. (d):

Does not preclude board-certified physician from testifying as an expert solely because the physician was not board-certified at the time of the alleged malpractice. 262 C. 637.

Subsec. deals with situations where specialties overlap. 77 CA 307. Affords court discretion in determining whether an expert may testify and thus it is possible that expert could qualify to testify at trial under Subsec. but not qualify to provide a prelitigation opinion pursuant to Sec. 52-190a(a). 117 CA 535.
Conn. Gen. Stat. § 52-340 — Connecticut Code / Title 52 / Chapter 905 / Section 52-340
Sec. 52-340. Subrogation of factorizing creditor.
Status: in_force

Equity will allow the creditor to maintain a bill for a disclosure and account, if necessary. 32 C. 240.
Conn. Gen. Stat. § 52-571h — Connecticut Code / Title 52 / Chapter 925 / Section 52-571h
Sec. 52-571h. Action for damages resulting from identity theft.
Status: in_force

(b) In any civil action brought under this section in which the plaintiff prevails, the court shall award the greater of one thousand dollars or treble damages, together with costs and a reasonable attorney's fee. Damages shall include, but need not be limited to, documented lost wages and any financial loss suffered by the plaintiff as a result of identity theft, as defined in section 53a-129a , 53a-129b , or 53a-129c . The court may award other remedies provided by law, including, but not limited to, the costs of providing not less than two years of commercially available identity theft monitoring and protection for such individual.

(c) No action under this section shall be brought but within three years from the date when the violation is discovered or in the exercise of reasonable care should have been discovered.
Conn. Gen. Stat. § 52-387 — Connecticut Code / Title 52 / Chapter 906 / Section 52-387
Sec. 52-387. Scire facias; defense by assignee or claimant.
Status: in_force

Cited. 48 C. 413. Interpleader will not lie for successive garnishments. 94 C. 194. Premature bringing of scire facias; successive garnishments of same debt. 99 C. 676. Cited. 121 C. 315. Ordinarily, garnishees cannot maintain actions of interpleader as they are protected under provisions of section. 146 C. 37.

Scire facias proceeding discussed. 1 CA 291.

Cited. 10 CS 345.
Conn. Gen. Stat. § 52-630 — Connecticut Code / Title 52 / Chapter 930 / Section 52-630
Sec. 52-630. Powers and duties of receiver.
Status: in_force

(1) Collect, control, manage, conserve and protect receivership property;

(2) Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection or disposition of the property in the ordinary course of business;

(3) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver's preservation, use, sale, lease, license, exchange, collection or disposition of receivership property;

(4) Assert a right, claim, cause of action or defense of the owner which relates to receivership property;

(5) Seek and obtain instruction from the court concerning receivership property, exercise of the receiver's powers and performance of the receiver's duties;

(6) On subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership;

(7) Engage a professional, as provided in section 52-633 ;

(8) Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state; and

(9) Exercise any power conferred by court order, sections 52-619 to 52-646 , inclusive, or the law of this state other than sections 52-619 to 52-646 , inclusive.

(b) With court approval, a receiver may:

(1) Incur debt for the use or benefit of receivership property other than in the ordinary course of business;

(2) Make improvements to receivership property;

(3) Use or transfer receivership property other than in the ordinary course of business, as provided in section 52-634 ;

(4) Adopt or reject an executory contract of the owner, as provided in section 52-635 ;

(5) Pay compensation to the receiver, as provided in section 52-639 and to each professional engaged by the receiver, as provided in section 52-633 ;

(6) Recommend allowance or disallowance of a claim of a creditor, as provided in section 52-638 ; and

(7) Make a distribution of receivership property, as provided in section 52-638 .

(c) A receiver shall:

(1) Prepare and retain appropriate business records, including a record of each receipt, disbursement and disposition of receivership property;

(2) Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection or other disposition of the property;

(3) File on the land records of the town where the real property is located a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description;

(4) Disclose to the court any fact arising during the receivership which would disqualify the receiver under section 52-625 ; and

(5) Perform any duty imposed by court order, sections 52-619 to 52-646 , inclusive, or the law of this state other than sections 52-619 to 52-646 , inclusive.

(d) The powers and duties of a receiver may be expanded, modified or limited by court order.
Conn. Gen. Stat. § 52-163a — Connecticut Code / Title 52 / Chapter 899 / Section 52-163a
Sec. 52-163a. Determination of the law of jurisdictions outside this state.
Status: in_force

(b) The court, not the jury, shall determine the law of any jurisdiction or governmental unit thereof outside this state. Its determination is subject to review on appeal as a ruling on a question of law.
Conn. Gen. Stat. § 52-257 — Connecticut Code / Title 52 / Chapter 901 / Section 52-257
Sec. 52-257. Fees of parties in civil actions.
Status: reserved

(b) Parties shall also receive: (1) For each witness attending court, the witness' legal fee and mileage; (2) for each deposition taken out of the state, forty dollars, and for each deposition within the state, thirty dollars; (3) on an application for the sale of property attached, the expenses incurred; (4) in any civil action affecting the title to real property situated in this state, or affecting any mortgage or lien thereon, the actual expense, not exceeding the sum of two hundred twenty-five dollars, of an examination of the land records concerning the title to the real property in question and such amount as the court or judge determines to be reasonable for the services of an expert on the value of the land when such value is in dispute; (5) for maps, plans, mechanical drawings and photographs, necessary or convenient in the trial of any action, a reasonable sum; (6) for copies of records used in evidence, bonds, recognizances and subpoenas, court and clerk's fees; (7) for the signing and service of process, the legal fees payable therefor, except that a fee shall not be allowed for the return of a subpoena to court; (8) the actual expense incurred in publishing orders of notice under direction of the court; (9) for each interpreter necessarily employed in the trial of any civil action, twenty dollars per diem; (10) for premiums upon all bonds or undertakings provided pursuant to statute, rule of court, order of court or stipulation of parties, including bonds in lieu of or in release or dissolution of attachment, the actual amount paid, not exceeding a reasonable amount; (11) documented investigative costs and expenses, not exceeding the sum of two hundred dollars; and (12) for the recording, videotaping, transcribing and presentation of the deposition of a practitioner of the healing arts, as defined in section 20-1 , dentist, registered nurse, advanced practice registered nurse or licensed practical nurse, as defined in section 20-87a , or real estate appraiser that is used in lieu of live testimony in the civil action, the reasonable expenses incurred.

(c) In all civil actions in which the matter in demand is less than fifteen thousand dollars, the prevailing party shall receive, by way of indemnity, the following sums: (1) For all proceedings before trial, ten dollars; and (2) for the trial of an issue of fact or law, fifteen dollars, but, if more than one issue of fact or law is tried at one time, only one trial fee shall be allowed.

(d) The following sums may be allowed to the prevailing party in causes on appeal, in the discretion of the court: (1) For all proceedings, one hundred dollars; (2) for expenses actually incurred in printing or photoduplicating copies of briefs, a sum not exceeding two hundred dollars; and (3) to the plaintiff in error, plaintiff in a cause reserved, or appellant, as the case may be, the record fee, provided judgment shall be rendered in his favor. Such costs in the Superior Court in appealed causes and in the Supreme Court or Appellate Court shall be in the discretion of the court on reservation of a cause for advice, or when a new trial is granted.

(e) The provisions of this section shall not interfere with the discretion of the court in taxing costs in actions in which equitable relief is demanded.

In equity, costs are in discretion of court; 28 C. 466; also where legal and equitable relief sought, but latter prevails; 80 C. 233; but ordinarily they are awarded on same basis as action at law; 119 C. 367. At law, costs are the creature of statute. 73 C. 614; 81 C. 213; 82 C. 392. “Action” in statute includes one to compel support of parent. 73 C. 608. Action on statute for penalty. 39 C. 486. Law in force at termination of action controls. 81 C. 213. If no rule for measuring costs given, court has discretion. 4 C. 80; 67 C. 257; 68 C. 220. Costs go to prevailing party; 39 C. 484; and practice act has not changed this. 67 C. 74. Discretion of court as to costs on probate appeal. 76 C. 654. No costs allowed accused who prevails on appeal. 82 C. 392. Matter in demand as determining. 57 C. 59. Costs properly taxable where plea in abatement or to jurisdiction is sustained. 64 C. 74; 82 C. 378. Where plea of tender is joined with general denial. 67 C. 74. In Supreme Court; where cases heard together; 70 C. 443; 74 C. 274; when new trial ordered, where costs taxed; 73 C. 475; costs on plea in abatement or motion to erase; 82 C. 378; Id., 483; costs unnecessarily incurred need not be taxed. 88 C. 260. Where two distinct causes of action are tried together by mutual agreement, a jury fee and trial fee should be taxed for each cause of action. 93 C. 659. Costs not taxable in habeas corpus proceeding. 113 C. 740. No costs in mandamus unless return made and hearing had. 115 C. 98. Where Supreme Court found error only in inclusion of costs, held sufficient to make appellant prevailing party. Id., 99. Where no reason for reservation to Supreme Court other than speedy disposition, costs taxed for prevailing party. Id., 530. Where party upon reasonable ground sought correction in finding, costs of printing allowed; against policy of Supreme Court to amend rescript to state no costs against loser. 130 C. 247. Held proper to allow defendant costs on counterclaim when he lost on complaint. 131 C. 680. Cited. 136 C. 255. In equity, costs are at discretion of court. Id., 645. Nonsuit entered on court's own motion; no costs against defendant except for printing evidence. 139 C. 429; 144 C. 21. Where prevailing defendants shared a common defense, a single counsel, one pleading, one trial and one judgment, defendants were entitled to be indemnified only to the extent of a single bill of costs. 166 C. 325. Statutory authorization of imposition of costs do not apply against the state without specific inclusion thereof. 176 C. 362. Cited. 187 C. 591; 188 C. 213; 204 C. 17; 205 C. 542; 215 C. 197; Id., 286; 225 C. 804, 814; 240 C. 58.

Municipality is not exempt from taxation of costs; unlike the state, a municipality has no sovereign immunity in absence of specific statutory exception or prohibition. 4 CA 30, 32. Cited. 15 CA 185; 18 CA 618; 25 CA 67; 35 CA 239; 37 CA 865. Sec. 31-51m allows for costs, but does not expressly provide for expert witness fees; therefore, general cost provisions of this section and Sec. 52-260 apply, which do not mention nontestimonial costs; accordingly, nontestimonial work performed by plaintiff's economics expert was not taxable as costs. 79 CA 501. Where record did not support defendant's claim that plaintiff had waived his right to seek costs, and because judgment was rendered in favor of plaintiff, he was a prevailing party and, thus, entitled to costs even though only nominal damages had been awarded. 88 CA 583. Under Subsec. (b)(4), title search fees are not recoverable costs for prevailing party in a reassessment proceeding. 121 CA 13. Recognizance bond requirement, set forth in Secs. 52-185 and 52-186, applies to plaintiff who is indigent and incarcerated and brings a civil action, that is not a habeas proceeding, against the state. 163 CA 337; judgment affirmed on alternate grounds, see 328 C. 248.

When two or more cases between the same parties are tried together, only one indemnity for trial of issues of fact may be taxed. 3 CS 85. Cited. 4 CS 167; 5 CS 330; 6 CS 208. Witness fees chargeable if witnesses are summoned in good faith ready to testify. Id., 261. Cited. 7 CS 521; 8 CS 31; Id., 324. Allowance for searching title cannot be allowed unless the action is one affecting title or a mortgage or a lien on real estate. 9 CS 425. Former limitation on fees paid to experts on land did not apply to appraisal fees granted under Sec. 13-150 (13a-76). 21 CS 343. Cited. 24 CS 391; 27 CS 288. Usual costs plus $200 allowance awarded to plaintiff-member of nonstock corporation who successfully challenged corporation's exclusion of women as members and guests as ultra vires, in case of first impression; no basis found for awarding attorneys' fees. 33 CS 150. Where the trial of the issues on a counterclaim involved an action where the ad damnum was in excess of $1,000, Subsec. (a) was the appropriate provision for taxation of costs. Id., 538.
Conn. Gen. Stat. § 52-226 — Connecticut Code / Title 52 / Chapter 900 / Section 52-226
Sec. 52-226. Trial to the court. Special finding.
Status: in_force

Judgment must answer the issue. 5 D. 47. Issue closed to the county court may be tried to jury, on appeal to Superior Court. 4 D. 448. A proceeding by mandamus falls within the provision de finding. 41 C. 137. Finding presumptively contains all the facts. 51 C. 399. Facts must be found at time of judgment, or at least during that term. 72 C. 611. Motion to find facts naturally follows judgment. 73 C. 685. Should be liberally construed in aid of the jurisdiction of the Appellate Court. Id., 686. Should include only facts necessary to judgment. 88 C. 123. Relation between special finding and finding for appeal. 72 C. 612; 73 C. 681; 87 C. 41; Id., 608. Memo of decision not a special finding. 80 C. 434; 88 C. 142. Procedure when court refuses to make special finding; effect of such refusal. 103 C. 45. Cited. 69 C. 409; 112 C. 441; 125 C. 622. If a party desires a special finding upon any particular issue, he should make a motion to trial court. 120 C. 247. By request for special finding, may cause trial court to place on record amount of damages it finds each plaintiff entitled to recover. 125 C. 737. Special finding cannot be claimed in connection with interlocutory ruling. 128 C. 295. Although judgment did not comply with statutory directions of Sec. 47-31, plaintiff's motion for special finding afforded a statement of material facts on which judgment was based and became a part of record; hence appeal was entertained. 156 C. 12. Petition for new trial on ground, inter alia, that late notification of judgment prevented motion for findings; demurrer to petition sustained. 164 C. 212. Cited. 185 C. 495; 186 C. 237.

Cited. 4 CA 46; 18 CA 559; 22 CA 265.

Applies to actions for legal relief only. 13 CS 44.
Conn. Gen. Stat. § 52-549y — Connecticut Code / Title 52 / Chapter 922b / Section 52-549y
Sec. 52-549y. Failure to appear. Judgment. Motion to open or set aside judgment. Dismissal of action. Payment of arbitration fee.
Status: in_force

(b) If all parties fail to appear at the hearing, the arbitrator shall file a request with the court to dismiss the action. If the court does not dismiss the action, it may be heard by the arbitrator upon order of the court. Such order may provide for the payment by any party to the court of an amount not greater than one hundred dollars.

Cited. 13 CA 189.
Conn. Gen. Stat. § 52-588 — Connecticut Code / Title 52 / Chapter 926 / Section 52-588
Sec. 52-588. Suit on note obtained by fraud.
Status: in_force

Cited. 189 C. 401; 214 C. 464; 233 C. 304.
Conn. Gen. Stat. § 52-512 — Connecticut Code / Title 52 / Chapter 920 / Section 52-512
Sec. 52-512. Preference in receivership proceedings to claims for wages and deposits for consumer goods and services.
Status: in_force

(b) Every debt due to any individual from a corporation or partnership for which a receiver is appointed for a deposit made in connection with the purchase, lease or rental of goods or the purchase of services for the personal, family or household use of such individual, where such goods were not received or such services were not provided prior to the service of the application for the appointment of a receiver, shall be paid in full by the receiver, to the amount allowed for certain consumer deposits pursuant to subdivision (7) of subsection (a) of 11 USC Section 507, as amended and adjusted from time to time pursuant to 11 USC Section 104, as amended from time to time, before the general liabilities, except taxes or wages, of the corporation or partnership are paid. As used in this subsection, “deposit made in connection with the purchase, lease or rental of goods” includes, but is not limited to, deposits made by a consumer to a home heating oil or propane gas dealer pursuant to a prepaid home heating oil or propane gas contract or capped price per gallon home heating oil contract.

See Sec. 52-400f re preference to claims for deposits for consumer goods and services in nonreceivership situations.

Trial court did not abuse its discretion in refusing to grant defendant's motion to open judgment of dissolution; defendant's failure to appear was due to his own negligence and not any mistake, accident or other reasonable cause; he was served with notice of the action and did nothing; trial court did not have to decide whether defendant had a good defense. 105 CA 648.

Wages are given a preference over taxes. 4 CS 45. Laborer does not include bookkeeper. Id., 253.
Conn. Gen. Stat. § 52-118 — Connecticut Code / Title 52 / Chapter 898 / Section 52-118
Sec. 52-118. Action by assignee of chose in action.
Status: in_force

Who may sue under section. 36 C. 88; Id., 296; 39 C. 375; 99 C. 451; 102 C. 434; 106 C. 69. It does not preclude suit in name of assignor. 39 C. 349; 99 C. 451; 102 C. 434. Plaintiff held, on averments of answer, not to be a bona fide owner of the claim. 49 C. 487. Assignee has only equitable title. 52 C. 173. Mere loan of a chose in action insufficient to constitute holder a bona fide owner. 55 C. 127. Ordinarily, assignee stands in shoes of assignor. 64 C. 544; 70 C. 277; 79 C. 575; 82 C. 152; 85 C. 429. Cited. 65 C. 115. Omission of statutory averment is a formal defect of pleading. 71 C. 616. “Bona fide owner” defined. 72 C. 703. Assignee may sue under section or at common law, in assignor's name. Id., 261; 79 C. 693. Assignment of proceeds of note, not assignment of note; assignment of note before receiver is appointed as bar to action by him. 74 C. 317. Effect of denial of bona fide ownership. 75 C. 675; burden of proof and evidence. 88 C. 368. Attorney may purchase claim and sue in his own name. 85 C. 260. Rights of assignee of judgment. 82 C. 208. Changing parties where assignment made after action begun. 73 C. 378. Assignment merely to confer jurisdiction not bona fide; 72 C. 701; 78 C. 495; 121 C. 343; nor one to effect illegal purpose. 77 C. 457. Assignee of claims as collateral may be bona fide owner. 78 C. 211; Id., 679; 79 C. 208. That assignor retains interest in proceeds may not prevent bona fide ownership of assignee. 76 C. 229; 87 C. 50. Waiving lack of allegation. 71 C. 613; 75 C. 256. Right of assignor to sue. 71 C. 616; 74 C. 320. Raising question by plea in abatement. 85 C. 260; 121 C. 343. Assignment pending action will not defeat it. 92 C. 428. Common law rule as to champerty and maintenance does not obtain in Connecticut; question is whether transaction is opposed to public policy. 106 C. 69. While under the acts of Congress, an assignment made simply for the purpose of creating a diversity of citizenship will not afford a basis of removal from the state to the federal courts, an assignment made to avoid such a diversity will be effective to prevent a removal; assignment for purpose of preventing removal to federal court does not give assignee equitable and bona fide ownership on which he could sue in Connecticut. 122 C. 588. Cited. 123 C. 376. Buyer of entire business may enforce by action in own name restrictive covenant of former employee. 126 C. 515. Omission of allegation of “bona fide” ownership is merely defect of pleading challengeable by demurrer but not by a postjudgment motion. 167 C. 334. Cited. 219 C. 465.

Cited. 5 CA 427.

Omission in complaint of the averment that plaintiff was the actual and bona fide owner of the chose in action held a formal defect in pleading. 10 CS 367. Cited. 11 CS 164.
Conn. Gen. Stat. § 52-495 — Connecticut Code / Title 52 / Chapter 919 / Section 52-495
Sec. 52-495. Partition of joint and common estates.
Status: in_force

See Sec. 45a-326 re partition or sale of undivided interest in decedent's estate.

Partition or sale of lands held in common is a matter of right. 14 C. 360; 43 C. 560; 49 C. 517; 60 C. 379. Application for partition of lands of deceased person, when premature. 43 C. 560. Petitioner must be in possession. 24 C. 233; 78 C. 421. To lose right to partition, a cotenant must have been ousted of possession. 133 C. 428. When rule of division follows legal interest of parties. 40 C. 280. Jurisdiction to be determined by value of property sought to be aparted or sold. 50 C. 258. Fundamental rule in partition of land stated. 56 C. 545. Object of statute stated. 60 C. 379. Nature of rights of adjoining proprietors in a tree on the dividing line. 65 C. 379; 108 C. 98. Court may order sale under Sec. 52-500 if it believes a sale is better for parties than a partition, even though some of joint owners demand a partition. 98 C. 395. Effect of partition upon passway appurtenant to original tract. 100 C. 633. Partition will not be granted where to do so would involve violation or defeat of a trust. 110 C. 526. Division may be based on equitable interests; 134 C. 179; but no unconscionable enrichment of husband where wife built house on land owned in common. Id., 180. The two modes of relief within the power of the court are partition by division of real estate and partition by sale. 143 C. 218. Cited. 175 C. 463; 181 C. 533; 195 C. 368; 208 C. 318; 224 C. 219. In a partition action, one joint tenant or tenant in common cannot dispossess another except by partition in kind or partition by sale pursuant to section and Sec. 52-500, and trial court did not have authority to order defendant to execute a quitclaim deed to plaintiff in exchange for the payment of money; partition by physical division and trial court proceedings in partition action discussed. 255 C. 47.

Cited. 2 CA 456; Id., 543; 5 CA 142; 7 CA 522; 10 CA 198; 17 CA 4; 20 CA 492; 23 CA 460. Section confers authority on Superior Court to order partition and sale upon the complaint of any person interested. 50 CA 132. Trial court may order plaintiff to execute a quitclaim deed to defendant and defendant to pay money damages to plaintiff. 54 CA 444.

Cited. 4 CS 68. Partition of property is matter of right, but partition by sale is matter of discretion. 9 CS 136. A cotenant, no matter what portion of the realty he owns, is entitled to a partition. 13 CS 131. Cited. 14 CS 169. Object of section is to afford each owner of property in joint tenancy a remedy to end such joint ownership. 17 CS 211. Defense of agreement by joint tenants debarring partition not frivolous. 25 CS 119. Cited. 28 CS 187. Defendant wife properly interposed defense to husband plaintiff's action for partition of jointly owned home that she and their children were in possession by agreement pending entry of final judgment in pending divorce action brought by her; action for divorce and action for partition are equitable actions. Id., 230. Partition requires prior proof of operative unity of possession by plaintiff and defendant. Id., 381. Cited. 29 CS 465.

Cited. 4 Conn. Cir. Ct. 654.
Conn. Gen. Stat. § 52-407nn — Connecticut Code / Title 52 / Chapter 909 / Section 52-407nn
Sec. 52-407nn. Immunity of arbitrator; competency to testify; attorney's fees and costs.
Status: in_force

(b) The immunity afforded by this section supplements any immunity under other law.

(c) The failure of an arbitrator to make a disclosure required by section 52-407 ll does not cause any loss of immunity under this section.

(d) In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitration proceeding to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:

(1) To the extent necessary to determine the claim of an arbitrator, arbitration organization or representative of the arbitration organization against a party to the arbitration proceeding; or

(2) To a hearing on a motion to vacate an award under subdivision (1) or (2) of subsection (a) of section 52-407ww if the movant establishes prima facie that a ground for vacating the award exists.

(e) If a person commences a civil action against an arbitrator, arbitration organization or representative of an arbitration organization arising from the services of the arbitrator, organization or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d) of this section, and the court decides that the arbitrator, arbitration organization or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney's fees and other reasonable expenses of litigation.
Conn. Gen. Stat. § 52-240b — Connecticut Code / Title 52 / Chapter 901 / Section 52-240b
Sec. 52-240b. Punitive damages in product liability actions.
Status: in_force

Cited. 187 C. 363; 210 C. 189; 212 C. 509; 221 C. 674; 241 C. 199; 243 C. 168. Punitive damages awarded under this section are not measured by common-law rule, which limits punitive damages to the costs of litigation less taxable costs. 324 C. 402.

Cited. 8 CA 642; 16 CA 558; 43 CA 1. Section permits award of punitive damages in connection with a product liability claim involving damage to property only; punitive damages are awarded when the evidence shows a reckless indifference to the rights of others or an intentional or wanton violation of those rights. 149 CA 839.

Legislative meaning attributed to words “claimant” and “harm”, in Sec. 52-572m(c) and (d) are sufficiently broad to permit an award of punitive damages in connection with a product liability claim involving only damage to property. 39 CS 269. Cited. 42 CS 153.
Conn. Gen. Stat. § 52-407bb — Connecticut Code / Title 52 / Chapter 909 / Section 52-407bb
Sec. 52-407bb. Notice.
Status: in_force

(b) A person has notice if the person has knowledge of the notice or has received notice.

(c) A person receives notice when the notice comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.
Conn. Gen. Stat. § 52-146h — Connecticut Code / Title 52 / Chapter 899 / Section 52-146h
Sec. 52-146h. Transfer of information to Commissioner of Mental Health and Addiction Services. Storage of records and communications.
Status: in_force

(b) Identifiable data shall be removed from all information and records before issuance from the individual or facility which prepared them, and a code, the key to which shall remain in possession of the issuing facility and be otherwise available only to the Commissioner of Mental Health and Addiction Services for purposes of planning, administration or research, shall be the exclusive means of identifying patients. The key to the code shall not be available to any data banks in which the information is stored or to any other persons, corporations or agencies, private or governmental.

Cited. 169 C. 223. Psychiatrist-patient privilege not waived and the testimony of psychiatrist hired by state, but not as a result of court order, held inadmissible. 178 C. 626. Cited. 191 C. 453; 211 C. 555; 236 C. 625; 238 C. 313.

Cited. 1 CA 384; 14 CA 552; 19 CA 304; 24 CA 287.
Conn. Gen. Stat. § 52-156 — Connecticut Code / Title 52 / Chapter 899 / Section 52-156
Sec. 52-156. Preservation of the testimony of a witness.
Status: in_force

(b) Depositions taken pursuant to this section shall be sealed and directed to the clerk of the superior court for the judicial district in which the petitioners or some of them reside, or, if none of the petitioners resides within this state, to the clerk of the superior court for the judicial district in which the respondents or some of them reside. The clerk shall file the sealed depositions together with the petition and all the proceedings thereon. Copies of depositions taken in the manner prescribed in this section and certified by the clerk of the court shall be received in evidence in the cause for which they were taken, and in all other causes in which the same subject matter is in suit between the same parties, or between the heirs or personal representatives of the persons who petitioned for the taking of the depositions and the other parties thereto.

Equity jurisdiction over such petitions. 5 C. 352. Powers of compensation commissioner to hold hearing to perpetuate testimony. 132 C. 173. Cited. 157 C. 226; 211 C. 555; 229 C. 716; 230 C. 1.

Having by its cross-examination created testimony, a party does not “own” that cross-examination so as to be able to exclude its introduction into evidence solely on the basis of waiver. 1 CA 496. Cited. 41 CA 625.

In proper case, statute can be invoked for the purpose of “discovery before suit”. 24 CS 452. If purpose for taking deposition would be defeated by delay, court may terminate stay of execution on appeal from such order. Id., 455. History discussed. 25 CS 273. Procedure under section for perpetuating the testimony of witnesses furnishes an extraordinary remedy, to be confined to cases where there is a substantial risk that the testimony will be lost. Id., 274.
Conn. Gen. Stat. § 52-208 — Connecticut Code / Title 52 / Chapter 900 / Section 52-208
Sec. 52-208. Reception of evidence objected to as inadmissible.
Status: in_force

Does not apply to evidence received in advance of its logical place. 53 C. 558. New trial ordinarily granted for an infraction of statute, unless the error appears to have been harmless. 68 C. 63. Admitting evidence with an offer to consider later a motion to strike it out is equivalent of admitting it subject to objection. 130 C. 232. Cited. 132 C. 646. To avail himself of the rule that grounds upon which evidence is claimed to be inadmissible must be stated, a party must state the grounds for his claim of admissibility. 148 C. 208.

Cited. 5 CA 118.
Conn. Gen. Stat. § 52-572x — Connecticut Code / Title 52 / Chapter 925 / Section 52-572x
Sec. 52-572x. Motor carrier transportation contract. Indemnification against liability for negligence or intentional acts or omissions void and unenforceable.
Status: in_force

(b) Notwithstanding any other provision of law, any provision, clause, covenant or agreement contained in a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, an indemnitee from or against any liability for loss or damage resulting from such indemnitee's negligence or intentional acts or omissions shall be void and unenforceable.

(c) This section shall not apply to a contract, agreement or understanding that concerns or affects the transportation of household goods, as defined in section 13b-387 .
Conn. Gen. Stat. § 52-178a — Connecticut Code / Title 52 / Chapter 899 / Section 52-178a
Sec. 52-178a. Physical examination of plaintiff, when.
Status: in_force

Cited. 211 C. 555.

History discussed; this section is an extension of Sec. 52-178 providing that an adverse party must testify; discussion of legislative intent; it is within the discretion of the court to decide whether plaintiff's objection to the examination is reasonable and to order said examination if plaintiff does not sustain his burden of proof. 26 CS 338. Plaintiff's objection to particular doctor was sustained where it appeared on oral argument he would have accepted examination by others. 28 CS 11. Cited. 40 CS 265. Legislative history analyzed; second sentence provides that right of a party to object to a physician is unconditional. 46 CS 301.
Conn. Gen. Stat. § 52-325 — Connecticut Code / Title 52 / Chapter 904 / Section 52-325
Sec. 52-325. Notice of lis pendens.
Status: in_force

(b) As used in this section, actions “intended to affect real property” means (1) actions whose object and purpose is to determine the title or rights of the parties in, to, under or over some particular real property; (2) actions whose object and purpose is to establish or enforce previously acquired interests in real property; (3) actions which may affect in any manner the title to or interest in real property, notwithstanding the main purpose of the action may be other than to affect the title of such real property.

(c) Notwithstanding the provisions of subsection (a) of this section, in any action except a suit to foreclose a mortgage or other lien, no recorded notice of lis pendens shall be valid or constitute constructive notice thereof unless the party recording such notice, not later than thirty days after such recording, serves a true and attested copy of the recorded notice of lis pendens upon the owner of record of the property affected thereby. The notice shall be served upon the owner, if the owner resides in the same town in which the real property is located, by any proper officer or indifferent person, by leaving a true and attested copy of such recorded notice with the owner or at the owner's usual place of abode. If the property owner does not reside in such town, such copy may be served by any proper officer or indifferent person, by mailing such copy, by registered or certified mail, to the owner at the place where the owner resides. If such copy is returned unclaimed, notice to such property owner shall be given by publication in accordance with the provisions of section 1-2 . If the property owner is a nonresident individual or foreign partnership, or the executor or administrator of the nonresident individual or foreign partnership, the notice may be served upon the Secretary of the State as provided in subsection (c) of section 52-59b and if the property owner is a foreign corporation, the notice may be served as provided in section 33-519 or 33-929 . When there are two or more property owners of record, a true and attested copy of such recorded notice shall be so served on each property owner. A certified copy of the recorded notice of lis pendens, with the return of the person who served it, endorsed thereon, shall be returned to the party who recorded the notice who shall file a copy of the return with the clerk of the court in which the action is brought. The clerk shall include the copy in the record.

Application for appointment of a partnership receiver is not an action “intended to affect real estate”. 66 C. 359. Necessity of pleading to take advantage of statute. 91 C. 165. No lis pendens required where a-ttachment made on mesne process prior to 1929 amendment to Sec. 52-285; effect of dissolution of real estate attachment by substitution of bond. 104 C. 289. Cited. 114 C. 92. Effect of deed executed after lis pendens filed. 122 C. 412. Cited. 146 C. 237; 162 C. 26. Application for appointment of receiver, in cases like the present, is not an action to affect real estate within the meaning of statute. 165 C. 675. Cited. 169 C. 638. Statute unconstitutional in that it fails to provide for notice to property owners and a hearing at a meaningful time and in a meaningful manner to challenge the lis pendens. 180 C. 501. Unconstitutionality of statute has no effect since judgment has been entered. 181 C. 141. Cited. 183 C. 117. Statute as amended by P.A. 81-8 meets minimum requirements of procedural due process. 189 C. 471. Cited. 209 C. 15; 213 C. 676; 217 C. 24; 226 C. 773.

Cited. 10 CA 166; 11 CA 211; Id., 653; 21 CA 32; 31 CA 15; judgment reversed, see 230 C. 807; 32 CA 627; 36 CA 206; Id., 469; 37 CA 698. Section is prospective and does not affect prior interests. 63 CA 164. In foreclosure action in which both defendant and decedent were named, Sec. 52-600, rather than this section or Sec. 52-599, applies. 165 CA 144.

Time provisions of statute cannot as matter of law bar court from exercising its discretion under Sec. 49-15 (opening foreclosure judgment), must be read in light of said section and does not preclude opening to make lienor a party. 27 CS 201. Purpose is to avoid harshness of common law rule that every man deemed attentive to pending litigation; related Sec. 49-39 held not condition precedent or jurisdictional, satisfied by actual notice. 34 CS 84. Action for dissolution of marriage is not akin to actions for the breach of ordinary contract, or foreclosure of mortgage or other liens. 36 CS 56. Cited. 38 CS 70; 40 CS 312. Effect of notice of lis pendens distinguished from effect of prejudgment attachment; constitutionality discussed. 42 CS 241.

Cited. 4 Conn. Cir. Ct. 13.

Subsec. (b):

Subdiv. (3): A lease comes within provision of statute. 39 CS 195.
Conn. Gen. Stat. § 52-99 — Connecticut Code / Title 52 / Chapter 898 / Section 52-99
Sec. 52-99. Untrue allegations or denials; costs.
Status: in_force

General denial improper where part of claim is admittedly true. 67 C. 76. Pleader must not take totally inconsistent positions. 82 C. 592, but see 82 C. 623. Effect of violation of this rule; failure of other party to claim penalty; judgment is not invalidated. 99 C. 167. Expenses should be deducted where prevailing party has violated rule. 107 C. 494. One who violates rule not precluded from setting up own defenses in pleading. 124 C. 536. Cited. 218 C. 65. Statute didn't abrogate common law immunity against insurer's knowingly false communications in judicial proceedings as safeguards other than civil liability exist to deter misconduct and provide relief. 342 C. 582.

Cited. 18 CA 344.
Conn. Gen. Stat. § 52-589 — Connecticut Code / Title 52 / Chapter 926 / Section 52-589
Sec. 52-589. Action of forcible entry and detainer limited to six months.
Status: in_force

Cited. 214 C. 464.

Action in entry and detainer was time barred as a matter of law because it did not fall within the 6-month statute of limitations set forth in statute. 71 CA 859.
Conn. Gen. Stat. § 52-251 — Connecticut Code / Title 52 / Chapter 901 / Section 52-251
Sec. 52-251. Expenses and counsel fees in action to construe will or for advice concerning will or trust.
Status: in_force

When expenses of litigation not payable out of estate. 50 C. 577. After settlement and distribution, executor cannot maintain a suit for construction of the will. 60 C. 398. Suit can properly be brought only by an executor or trustee claiming under the will. 63 C. 309. Provision de expenses and counsel fees is merely declaratory of existing rules of chancery practice. 65 C. 175. Where decree of lower court in part affirmed, remanding case with directions to enter judgment, with provision for allowance and costs. Id., 183. The determination of the amount to be allowed for expenses and counsel fees is a judicial matter for the court; it cannot be left to the clerk or to the parties. 72 C. 32. Cited. Id., 328. Where suit involved only one-third of estate, costs were imposed on that third. Id., 494. Trial court, in giving judgment, cannot reserve right to make allowances in case of an appeal. 82 C. 195. Costs taxed against entire estate. 102 C. 508. Against entire residuary estate. 105 C. 756. Superior Court has no power to allow counsel fees in contest over admission of will. 131 C. 224. No abuse of discretion in amount allowed by court as counsel fees. 137 C. 516. General estate liable for expenses and counsel fees; if action relates to particular property or fund, equitable principles apply. 141 C. 163. Appeals from decree of Probate Court not proceedings embraced within statute. 153 C. 490, 500. Court may not retain jurisdiction by stating in its judgment that determination of expense and counsel fee allowance would take place later. 154 C. 352, 362. Expenses and counsel fees of parties not allowed where trustee sought advice as to transactions extraneous to trust instrument on which claims were based. 157 C. 315. Plea for advice as to distribution of trust renders trust estate subject to provisions of statute. 160 C. 250. Cited. 161 C. 312; 183 C. 85; 212 C. 678.

Cited. 7 CS 235. In action by executor seeking determination of ownership of certain savings accounts, counsel fees cannot be awarded. 16 CS 391. Counsel fees in action for construction of will not chargeable against portion of will as to which there is no ambiguity. 17 CS 44. Cited. 42 CS 474.
Conn. Gen. Stat. § 52-261 — Connecticut Code / Title 52 / Chapter 901 / Section 52-261
Sec. 52-261. Fees and expenses of officers and persons serving process or performing other duties.
Status: in_force

(b) Each officer or person shall receive the following fees: (1) For service and scheduling of an execution on a summary process judgment, or a foreclosure ejectment, not more than one hundred dollars and the fee set by the Department of Administrative Services for state employees for each mile of travel; (2) for removal under section 47a-42 of a defendant or other occupant bound by a summary process judgment, and the possessions and personal effects of such defendant or other occupant, not more than one hundred dollars per hour and the fee set by the Department of Administrative Services for state employees for each mile of travel; (3) for removal and taking of an inventory of possessions and personal effects of a defendant or other occupant bound by a summary process judgment under section 47a-42a , not more than one hundred dollars per hour and the fee set by the Department of Administrative Services for state employees for each mile of travel; (4) for removal under section 49-22 of a defendant or other occupant bound by a foreclosure judgment, and the possessions and personal effects of such defendant or other occupant, not more than one hundred dollars per hour and the fee set by the Department of Administrative Services for state employees for each mile of travel; and (5) for any execution or ejectment, the officer or person serving such execution or ejectment may claim compensation for time and expenses of any mover, locksmith or any other individual, in keeping, securing or removing property and the transportation incidental to such execution of ejectment, provided such officer or person shall make out a bill. The bill shall specify the labor done, and by whom, the time spent, the travel, the money paid, if any, and to whom and for what.

See Sec. 12-162(c) re fees for execution of alias tax warrant.

Subsec. (a)(2) is ambiguous as to whether the process server must actually make copies in order to earn fees for copies, but legislative history shows clear legislative intent that fee for copies be paid regardless of who actually made the copies. 303 C. 292. Subsec. (a)(F) is ambiguous as to whether fee of fifteen per cent of the amount of an execution is available to process server only in those circumstances in which process server personally collects and pays money to a judgment creditor, but rules of grammar, genealogy of the statute and common sense dictate that the fee is not limited to circumstances in which process server personally collects and pays money to judgment creditor; judgment creditor may not avoid fifteen per cent fee by ignoring writ of execution or pursuing further enforcement proceedings in the courts. 327 C. 467.
Conn. Gen. Stat. § 52-146u — Connecticut Code / Title 52 / Chapter 899 / Section 52-146u
Sec. 52-146u. Disclosure of confidential communication between public defender and represented person prohibited.
Status: in_force

(1) “Person” means an indigent defendant, as defined in section 51-297 ;

(2) “Confidential communications” means all oral and written communications transmitted in confidence between a public defender and a person the public defender has been appointed to provide legal representation to relating to legal advice sought by the person and all records prepared by the public defender in furtherance of the rendition of such legal advice; and

(3) “Public defender” means the Chief Public Defender, Deputy Chief Public Defender, public defenders, assistant public defenders, deputy assistant public defenders, Division of Public Defender Services assigned counsel and the employees of the Division of Public Defender Services.

(b) In any civil or criminal case or proceeding or in any legislative or administrative proceeding, all confidential communications shall be privileged and a public defender shall not disclose any such communications unless the person who is represented by the public defender provides informed consent, as defined in the Rules of Professional Conduct, to waive the privilege and allow such disclosure.
Conn. Gen. Stat. § 52-179 — Connecticut Code / Title 52 / Chapter 899 / Section 52-179
Sec. 52-179. Seal and its equivalent.
Status: in_force

A scrawl is no seal at common law. 17 C. 343. Effect of section and of seal upon an instrument in general. 97 C. 196. Word “seal” or letters “L.S.” do not make instrument a specialty unless instrument itself purports to be a specialty and it was intended to be. 110 C. 413. Cited. 141 C. 583; 211 C. 555.

Affixing of corporate seal on instrument renders it in all respects a sealed instrument. 2 CS 163. Whether or not a mark is a seal depends on the intent. 9 CS 393. Word “seal” does not automatically denote intention to make a sealed instrument. 30 CS 596.

Whether defendants adopted seal was under pleading, a question of contested fact; consequently, intention of defendants with reference to their sealing of instrument should not, as it was, have been disposed of summarily as matter of law. 6 Conn. Cir. Ct. 78, 84.
Conn. Gen. Stat. § 52-503h — Connecticut Code / Title 52 / Chapter 919 / Section 52-503h
Sec. 52-503h. Applicability of provisions.
Status: in_force

(b) In an action to partition real property under section 45a-326 or 52-495 , as applicable, the court shall determine whether the property is heirs' property. If the court determines that the property is heirs' property, the property shall be partitioned under sections 52-503f to 52-503r , inclusive, unless all of the cotenants otherwise agree in a record.

(c) The provisions of sections 52-503f to 52-503r , inclusive, supplement the provisions of this chapter, and, if an action is governed by sections 52-503f to 52-503r , inclusive, replace provisions of this chapter that are inconsistent with the provisions of sections 52-503f to 52-503r , inclusive.
Conn. Gen. Stat. § 52-656 — Connecticut Code / Title 52 / Chapter 931 / Section 52-656
Sec. 52-656. Definitions.
Status: in_force

(1) “Foreign jurisdiction” means a state other than the state of Connecticut;

(2) “Foreign subpoena” means a subpoena in a civil or probate action issued under authority of a court of record of a foreign jurisdiction;

(3) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity;

(4) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States; and

(5) “Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to: (A) Attend and give testimony at a deposition; (B) produce and permit inspection and copying of designated books, documents, records, electronically stored information or tangible things in the possession, custody or control of the person; or (C) permit inspection of premises under the control of the person.
Conn. Gen. Stat. § 52-143 — Connecticut Code / Title 52 / Chapter 899 / Section 52-143
Sec. 52-143. Subpoenas for witnesses. Penalty for failure to appear and testify.
Status: in_force

(b) Any subpoena summoning a police officer as a witness may be served upon the chief of police or any person designated by the chief of police at the appropriate police station who shall act as the agent of the police officer named in the subpoena. Service upon the agent shall be deemed to be service upon the police officer.

(c) Any subpoena summoning a correctional officer as a witness may be served upon a person designated by the Commissioner of Correction at the correctional facility where the correctional officer is assigned who shall act as the agent of the correctional officer named in the subpoena. Service upon the agent shall be deemed to be service upon the correctional officer.

(d) Subpoenas for witnesses summoned by the state, including those issued by the Attorney General or an assistant attorney general, or by any public defender or assistant public defender acting in his official capacity may contain this statement: “Notice to the person summoned: Your statutory fees as witness will be paid by the clerk of the court where you are summoned to appear, if you give the clerk this subpoena on the day you appear. If you do not appear in court on the day and at the time stated, or on the day and at the time to which your appearance may have been postponed or continued by order of an officer of the court, the court may order that you be arrested.”

(e) If any person summoned by the state, or by the Attorney General or an assistant attorney general, or by any public defender or assistant public defender acting in his official capacity, by a subpoena containing the statement as provided in subsection (d) of this section, or if any other person upon whom a subpoena is served to appear and testify in a cause pending before any court and to whom one day's attendance and fees for traveling to court have been tendered, fails to appear and testify, without reasonable excuse, he shall be fined not more than twenty-five dollars and pay all damages to the party aggrieved; and the court or judge, on proof of the service of a subpoena containing the statement as provided in subsection (d) of this section, or on proof of the service of a subpoena and the tender of such fees, may issue a capias directed to some proper officer to arrest the witness and bring him before the court to testify.

(f) Any subpoena summoning a physician as a witness may be served upon the office manager or person in charge at the office or principal place of business of such physician who shall act as the agent of the physician named in the subpoena. Service upon the agent shall be deemed to be service upon the physician.

See Sec. 51-35 re witnesses' imprisonment for failure to testify and re protection against self-incrimination.

See Sec. 52-56(d) re execution or service of capias in any precinct by state marshal of any precinct.

See Sec. 52-161b re issuance of subpoena to crime victim by pro se litigant.

Effect of subpoena duces tecum. 79 C. 118. Fact that witness has already given deposition is not legal excuse for failure to obey subpoena. 116 C. 393. Power of court to issue capias directing arrest of a witness is ordinarily conditioned on issuance of subpoena. 132 C. 637. Cited. 146 C. 252. When the failure of a party to call a witness may be the basis for an unfavorable inference. 147 C. 672; overruled, see 250 C. 722. Issuance of a capias is in the discretion of the court and statute does not mandate that court issue a capias when a witness under subpoena fails to appear. 163 C. 293. Cited. 182 C. 476; 193 C. 350; 197 C. 507.

Service of subpoena “upon” a person does not require physical acceptance of it, if the person is given notice of it and its contents. 5 CA 556. Cited. 8 CA 598; 33 CA 65; 40 CA 1.

Cited. 5 CS 63; 37 CS 693.
Conn. Gen. Stat. § 52-350f — Connecticut Code / Title 52 / Chapter 906 / Section 52-350f
Sec. 52-350f. Enforcement of money judgment. Costs, fees and interest.
Status: in_force

Cited. 204 C. 17; 211 C. 485; 220 C. 643. An execution is to be used to enforce payment of a valid and specific court judgment. 260 C. 766.

Cited. 15 CA 718; 34 CA 816. Section does not mandate the award of postjudgment interest as such an award is discretionary. 112 CA 837. Although facial inconsistencies exist between this section and Secs. 46b-84(a) and 52-350a, P.A. 03-130 was intended to enable a party to address the default of a final order for child support or alimony through use of the postjudgment procedures in Ch. 906. 146 CA 79.
Conn. Gen. Stat. § 52-195c — Connecticut Code / Title 52 / Chapter 900 / Section 52-195c
Sec. 52-195c. Time period for payment of settlement amount.
Status: in_force

(b) In an action that requires judicial approval of the settlement, the plaintiff shall also tender a copy of the order of the Probate Court or other order approving such settlement with the duly executed release and withdrawal discontinuing any pending court action executed on behalf of the plaintiff.

(c) In the event that a settling defendant or insurer fails to promptly tender all sums as required by subsection (a) of this section, a default judgment shall be entered by the court on behalf of any unpaid plaintiff against such defendant twenty days after such plaintiff files a motion for a default judgment with the court and serves such motion upon the representative of the insurer with whom the settlement was reached or the defendant with whom the settlement was reached. Such motion shall be accompanied by an affidavit executed by the plaintiff or the plaintiff's attorney setting forth the terms of such settlement with supporting documentation attached.

(d) Any insurer or defendant with whom the settlement was reached that fails to tender settlement proceeds within the time limit set forth in this section shall be liable for interest at a rate of twelve per cent a year on the amount of such settlement proceeds computed from the date such time limit expired.

(e) As used in this section, “tender” means either to personally deliver or cause to be delivered or to mail by registered or certified mail, return receipt requested. An insurer or a defendant may otherwise prove tender by presenting evidence that the settlement sums due from such insurer or such defendant were received by the settling plaintiff or such plaintiff's agent.
Conn. Gen. Stat. § 52-278h — Connecticut Code / Title 52 / Chapter 903a / Section 52-278h
Sec. 52-278h. Application for prejudgment remedy filed by the plaintiff.
Status: in_force

Cited. 188 C. 69; 222 C. 361.

Cited. 2 CA 388; 28 CA 809; 32 CA 118; 34 CA 22; Id., 801. This section and Sec. 52-278m control where present action has already been instituted. 54 CA 394. Requirements of section were fulfilled where service of original action and service of subsequent application for prejudgment remedy were valid and the application came after valid service of the original complaint. 80 CA 111.

Application for prejudgment remedy “at any time after” institution of action intended by legislature to be a broad expansion of time in which remedy could be used. 35 CS 49. Cited. 38 CS 98.
Conn. Gen. Stat. § 52-572e — Connecticut Code / Title 52 / Chapter 925 / Section 52-572e
Sec. 52-572e. Release of joint tortfeasor.
Status: in_force

(b) A release by the injured person, or his legal representative, of one joint tortfeasor does not discharge the other tortfeasors unless, and only to the extent, the release so provides.

Cited. 225 C. 401; 232 C. 272, 278; 234 C. 660. Enactment of statute was not intended to abrogate common law rule that a principal and agent are not joint tortfeasors, and therefore release of the primarily liable employee operated as a matter of law to release employer whose liability rested solely upon the doctrine of respondeat superior. 249 C. 709. Lessor and lessee of a motor vehicle are not joint tortfeasors within meaning of section and a release executed in favor of lessee also operates to release lessor. 260 C. 15.

Court may consider extrinsic evidence of the parties' intent regarding scope of the release. 72 CA 402.

Cited. 41 CS 353.
Conn. Gen. Stat. § 52-268 — Connecticut Code / Title 52 / Chapter 902 / Section 52-268
Sec. 52-268. New trial when judge, stenographer or court reporter dies or becomes incapacitated and review of errors not possible.
Status: in_force

(b) The motion shall be filed in the court within ten days after the death or incapacity of the judge or stenographer or court reporter has become known to the party appealing from the judgment.

(c) The motion shall contain a statement of errors which are claimed to have occurred in the trial of the matter.

(d) After hearing the motion, the court shall grant a new trial if, in its opinion, the errors claimed to have been committed are of such a nature as fairly entitle the party appealing to a review of the errors by appeal and a review of the errors cannot otherwise be had.

Rule before act was passed. 76 C. 534; 105 C. 718. Does not apply to constitutional incapacity arising where judge becomes disqualified because of age after judgment and before finding made; scope of section is mental or physical incapacity. 97 C. 565. Cited. 105 C. 718. Allegations which a motion under section should contain, stated. 134 C. 480. Court's conclusion that notes were decipherable and transcript substantially correct, upheld. 136 C. 705. Although referee died before making finding requested by appellants, new trial properly denied as issues raised on appeal were matters of law not requiring the finding. 168 C. 135. Cited. 195 C. 60; 213 C. 486.

Defendant's oral motion for new trial which did not include the necessary statement of errors does not satisfy requirements of section. 69 CA 21.

Cited. 14 CS 503. Statute not applicable when judge dies after directed verdict and before decision on motion to set aside verdict. 25 CS 60. Statute only applicable when judge dies after final judgment. 46 CS 650.
Conn. Gen. Stat. § 52-407ll — Connecticut Code / Title 52 / Chapter 909 / Section 52-407ll
Sec. 52-407ll. Disclosure by arbitrator.
Status: in_force

(1) A financial or personal interest in the outcome of the arbitration proceeding; and

(2) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator.

(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.

(c) If an arbitrator discloses a fact required by subsection (a) or (b) of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under subdivision (2) of subsection (a) of section 52-407ww for vacating an award made by the arbitrator.

(d) If the arbitrator did not disclose a fact as required by subsection (a) or (b) of this section, upon timely objection by a party, the court, under subdivision (2) of subsection (a) of section 52-407ww , may vacate an award.

(e) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality under subdivision (2) of subsection (a) of section 52-407ww .

(f) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under subdivision (2) of subsection (a) of section 52-407ww .
Conn. Gen. Stat. § 52-46a — Connecticut Code / Title 52 / Chapter 896 / Section 52-46a
Sec. 52-46a. Return of process.
Status: in_force

Cited. 211 C. 431; 227 C. 848; 236 C. 330. Failure to return process in probate matter in accordance with section did not deprive Superior Court of jurisdiction over probate appeal. 289 C. 795.

Cited. 3 CA 566; 27 CA 590; 34 CA 579; 36 CA 635; judgment reversed, see 236 C. 330. Failure to comply with section's mandate renders proceeding voidable, rather than void, and subject to dismissal. 126 CA 314.

Cited. 39 CS 247.
Conn. Gen. Stat. § 52-637 — Connecticut Code / Title 52 / Chapter 930 / Section 52-637
Sec. 52-637. Interim report of receiver.
Status: in_force

(1) The activities of the receiver since appointment or a previous report;

(2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver;

(3) Receipts and dispositions of receivership property;

(4) Fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses; and

(5) Any other information required by the court.
Conn. Gen. Stat. § 52-557i — Connecticut Code / Title 52 / Chapter 925 / Section 52-557i
Sec. 52-557i. Obligation of user of land.
Status: in_force

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

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. § 52-106 — Connecticut Code / Title 52 / Chapter 898 / Section 52-106
Sec. 52-106. Executor, administrator or trustee of express trust may sue or be sued alone.
Status: in_force

Jurisdiction determined by parties of record, not by those beneficially interested. 34 C. 332. Incapacity of plaintiff to sue must be raised by the pleadings. 52 C. 233. Cited. 62 C. 257. Parties to a suit are made by the writ, not by the complaint. 72 C. 261. Administrator may bring action to enforce judgment lien belonging to intestate; 75 C. 154; or appeal from allowance of claim by commissioners. 82 C. 501. Trustee may be sued without joining beneficiaries of trust. 160 C. 415. Cited. 169 C. 29; 191 C. 1. Plaintiffs who brought action against defendants as executors of the will did not need to join the residuary beneficiaries since they were not indispensable parties. 292 C. 696.

Cited. 5 CA 427; 31 CA 476. Beneficiaries of a trust need not be joined in an action brought by a trustee and in this case all beneficiaries had notice of pending lawsuit and none sought to join as parties. 62 CA 490.
Conn. Gen. Stat. § 52-102a — Connecticut Code / Title 52 / Chapter 898 / Section 52-102a
Sec. 52-102a. Impleading of third party by defendant. Rights and remedies of third-party defendant.
Status: in_force

(b) The writ, summons and complaint so served shall be equivalent in all respects to an original writ, summons and complaint and the person upon whom it is served, hereinafter called the third-party defendant, shall have available to him all remedies available to an original defendant, including the right to assert set-offs or counterclaims against the third-party plaintiff, and shall be entitled to file cross-complaints against any other third-party defendant. The third-party defendant may also assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim and may assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.

(c) The plaintiff, within twenty days after the third-party defendant appears in the action, may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the original complaint, and the third-party defendant, as against such claim, shall have available to him all remedies available to an original defendant, including the right to assert set-offs or counterclaims against the plaintiff.

(d) A third-party defendant may proceed under this section against any person not a party to the action who is or may be liable to him for all or any part of the third-party plaintiff's claim against him.

(e) When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this section would entitle a defendant to do so.

(f) When any civil action in which such a third-party brought in is reached for trial, the court hearing the case may order separate trials of different parts of the action and may make such other order respecting the trial of the action as will do justice to the parties and expedite final disposition of the case.

Third-party complaint must contain sufficient allegations to state cause of action equivalent to requirements of original complaint. 156 C. 92. Impleader lies against insurance company notwithstanding a “no action” clause which prohibits suit against the company until judgment has been rendered against insured; section is procedural in nature and applies to all pending actions although contract of insurance giving rise to interpleader was executed prior to passage of statute. Id., 471. Summary judgment granted third-party defendant insurer where pleadings showed action arose from use of the insured's car while away from the premises insured by the insurer under a homeowner's policy. 167 C. 572. Since neither of the third parties could have been liable to plaintiff, consolidation was not required. 180 C. 355. Cited. 187 C. 637; 191 C. 1; 207 C. 575; 210 C. 189; 212 C. 138; 225 C. 401; 239 C. 93.

Cited. 3 CA 100; 13 CA 223; 16 CA 558; 17 CA 159; 25 CA 360; 33 CA 714; 46 CA 18. Statements made in stricken apportionment complaint cannot be used as evidential admissions. 53 CA 373. Nothing in section indicates that court should base decision to grant permission to implead third-party defendant solely on equitable considerations; trial court correctly concluded that defendant was required to file motion to implead before filing third-party complaint and that court lacked personal jurisdiction over person served with third-party complaint because defendant failed to seek and receive trial court's permission before serving third-party complaint. 198 CA 24.

Cited. 26 CS 188. Statute does not apply where person is already party to action; cross complaint not allowed when based on claim different from that of principal complaint. Id., 191. Insurer who disclaimed liability under a policy of insurance may be impleaded by defendant. Id., 483. In absence of legislative intent, statute presumed not to apply to pending proceedings and does not operate retrospectively to defeat barring of claims by statutes of limitations. 27 CS 46. Third-party defendant's motion for nonsuit because of plaintiffs failure to comply with order that plaintiffs make first count of their complaint more specific denied. Id., 465. Sufficiency of third-party complaint may be tested by demurrer; cause of action for breach of contract of sale stated in third-party complaint commenced 4 years and 4 months after breach is barred by statute of limitations and is demurrable. 28 CS 385. Defendant, as third-party plaintiff, may implead, as third-party defendant, executor of operator of car even though defendant's liability to original plaintiff had not yet been determined. 29 CS 9, 13. Statute includes accelerations effect on obligations to indemnity. Id., 171. Plaintiff need not show existing right to relief to institute third-party action for indemnity; before judgment right applies to indemnitors who may be liable in expressed or implied obligations. Id., 192. The purpose of section is to obviate a multiplicity of actions. 33 CS 1, 2. Cited. Id., 188; 34 CS 287, 289. Third-party complaint must contain sufficient allegations to state cause of action equivalent to requirements of an original complaint. 35 CS 82, 88. Motion to strike third-party complaint granted since complaint failed to allege liability of third-party defendant to third-party plaintiff. 36 CS 134. Cited. 40 CS 63; 44 CS 510.

Applies only to person not a party to the action. 4 Conn. Cir. Ct. 419. Guarantee given by third party is sufficient cause for defendant to implead third party. 6 Conn. Cir. Ct. 369.

Subsec. (c):

Filing of third-party complaint by original defendant does not toll running of statute of limitations on a cause of action between plaintiff and a third-party defendant. 21 CA 524. Trial court erred in strictly enforcing the 20-day time limit in case in which the length of delay did not prejudice third-party defendant and would not have delayed trial. 52 CA 136.
Conn. Gen. Stat. § 52-412 — Connecticut Code / Title 52 / Chapter 909 / Section 52-412
Sec. 52-412. Subpoenas and depositions.
Status: in_force

(b) On application of an arbitrator, umpire or other person, the superior court for the judicial district in which one of the parties resides or, in the case of land, for the judicial district in which the land is situated or, when the court is not in session, any judge thereof, shall order necessary process to issue to compel compliance with subpoenas in an arbitration matter in the manner provided by law concerning subpoenas in a civil action.

(c) Any party to a written agreement for arbitration may make application to the Superior Court, or, when the court is not in session, to a judge thereof, having jurisdiction as provided in subsection (b) of this section, for an order directing the taking of depositions, in the manner and for the reasons prescribed by law for taking depositions to be used in a civil action, for use as evidence in an arbitration.

Cited. 157 C. 364; 163 C. 327; 208 C. 352; 218 C. 646.

Cited. 25 CA 126; 28 CA 270; 34 CA 772; 41 CA 625.