reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-521. - Replevin; service; new bond; voiding of process.

(a) The officer who replevies property shall leave a true and attested copy of the process with the defendant, or at his usual place of abode, within three days after the replevy, and shall retain the property replevied in his custody for twenty-four hours after leaving the copy, unless the defendant endorses on the writ that he is satisfied with the amount and sufficiency of the recognizance taken on issuing the writ.
(b) If the defendant is not satisfied with the recognizance, he may, at any time before the return day of the writ, cite the plaintiff or his attorney, or the officer serving the writ, if the property still remains in his custody, to appear at once before a judge of the superior court where the replevin was effected, to respond to a motion for a new bond. The judge may hear the motion and, at his discretion, order a new or further bond, conditioned like the recognizance taken on issuing the writ, signed by the obligors, and delivered to the defendant, by whom it shall be transmitted to the court to which the writ was made returnable. If the order is made while the property replevied remains in the custody of the officer, he shall not deliver the property to the plaintiff until the bond is given.
(c) If an order for a new bond is not complied with, or if the officer fails to leave with, or at the usual place of abode of, the defendant a true and attested copy of the writ, or to retain the property in his custody, as hereinbefore provided, the writ of replevin shall be null and void.
(d) If it appears to the court before which an action of replevin is pending that the replevin bond attached to the writ is insufficient, the court may, at its discretion, order a new or further replevin bond to be given by the plaintiff, conditioned like the recognizance taken on issuing the writ. If the plaintiff fails to comply with the order, he shall be nonsuited.
(1949 Rev., S. 8257; 1959, P.A. 28, S. 129; 152, S. 79; P.A. 74-183, S. 114, 291; P.A. 76-436, S. 101, 681; P.A. 82-160, S. 207.)
History: 1959 acts added circuit court judge and deleted county commissioner; P.A. 74-183 removed circuit court judges from purview of section, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 removed reference to appearance before justice of the peace or judge of common pleas court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Cited. 63 C. 569. Immaterial variance in copy of affidavit is not a ground of abatement. 65 C. 542. Though writ is defectively served, if officer takes goods as agent of owners, they may retain them. 87 C. 369. Application by plaintiff for a new bond waives right to plea in abatement for irregularities in recognizance. 111 C. 112. Cited. 222 C. 361.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-522. - Pleadings.

In an action of replevin, no cause of action, except of replevin or for a conversion of the goods described in the writ of replevin, may be stated. The pleadings in such action shall conform to the requirements of pleadings in civil actions so far as such requirements may be consistent with the substantive rights secured by this chapter.
(1949 Rev., S. 8258; P.A. 82-160, S. 208.)
History: P.A. 82-160 made minor changes in wording.
See Sec. 51-15 re rules of procedure in certain civil actions.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-523. - Complaint.

If the complaint in an action of replevin contains a sufficient statement of the plaintiff's title and right of possession, a general allegation that the defendant wrongfully took the goods shall be sufficient without setting forth the facts showing that the taking was wrongful. If the taking of the goods is not complained of, but the action is founded upon their wrongful detention, the complaint shall set forth the facts showing that the detention was wrongful.
(1949 Rev., S. 8259; P.A. 82-160, S. 209.)
History: P.A. 82-160 added “in an action of replevin” after the word “complaint”.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-524. - Defenses.

All defenses to an action of replevin, other than those to the jurisdiction or in abatement, including avowry, alleging the defendant's right to take and hold the goods, and disclaimer, renouncing any interest in the goods, shall be made by answer or demurrer. Those defenses claiming that the taking is for a lawful cause shall be by way of answer alleging the special facts upon which they are based. If the defendant claims a return of the goods or damages, he shall make the claim by way of counterclaim.
(1949 Rev., S. 8260; P.A. 82-160, S. 210.)
History: P.A. 82-160 rephrased the section, after “avowry” added “alleging the defendant's right to take and hold the goods” and after “disclaimer” added “renouncing any interest in the goods”.
Writ without a complaint is a nullity; remedy is motion to erase from docket; defect is not amendable. 97 C. 399; 98 C. 229. Defendant not entitled to damages unless he demands them in counterclaim; recovery restricted to damages growing out of act of replevy. 101 C. 61. Misdescription of property replevied cured by provision in conditional sale contract allowing vendor, on default, to enter and retake possession. 105 C. 675.
When defendant simply filed general denial, court could award costs but not damages. 11 CS 334. Cited. 14 CS 458.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-525. - Statement of title.

(a) An allegation by either party that the party pleading or a third person was, at the time when the action of replevin was commenced, or at the time the goods were replevied, the owner of the goods, or that they were then his property, is a sufficient statement of title unless the right of action or defense rests upon a right of possession by virtue of a special property interest.
(b) If the right of action or defense rests upon a right of possession by virtue of a special property interest, the pleading shall set forth the facts upon which the special property interest depends so as to show that, at the time when the action was commenced or the goods were replevied, as the case may be, the party pleading or the third person was entitled to the possession of the goods.
(c) The defendant may, by answer, defend on the ground that a third person was entitled to the possession of the goods without connecting himself with the latter's title.
(1949 Rev., S. 8261; P.A. 82-160, S. 211.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Cited. 128 C. 198. Does not alter rule that plaintiff alleging general property and right to immediate possession must prove it to prevail. Id., 508. Where right of action rests upon a right of possession by virtue of a special property, the complaint must set forth the facts. 135 C. 517.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-526. - Judgment.

No judgment for a return of the goods or for damages may be given to a defendant under a mere denial of the acts complained of, nor may a judgment of return be rendered in favor of a defendant who has either filed a disclaimer of interest in the goods or not filed a counterclaim claiming a return of the goods replevied.
(1949 Rev., S. 8262; P.A. 82-160, S. 212.)
History: P.A. 82-160 rephrased the section.
Plea of lien by attachment. 14 C. 116, 117. Attachment dissolved. Id., 434; 16 C. 573; 18 C. 558; 31 C. 119. Informality in avowry; judgment on avowry for a taking damage feasant. 4 D. 144. Presumption to support judgment on general issue. 36 C. 115. Judgment of return, on plea in abatement. 17 C. 242. Time of filing disclaimer rests in the discretion of the trial court. 41 C. 580. Wrongful detention not in issue unless disclaimer is filed with a general denial. 69 C. 451. Notice filed with the general issue is to be liberally construed in favor of the pleader. Id., 498, 499. Evidence admissible under the general issue. 70 C. 16. General issue alone does not raise issue as to demand for goods. 74 C. 23, see 71 C. 93. New trial given where defendant had damages without counterclaim in violation of section; limitation as to elements of damage. 101 C. 61. Cited. 118 C. 225.
Where defendant simply filed general denial, court could not direct plaintiff to return a washing machine to defendant which defendant purchased under a conditional sales contract. 11 CS 334. Cited. 14 CS 458.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-528. - Procedure on withdrawal or nonsuit of plaintiff.

If the plaintiff, in any action of replevin, fails to appear or withdraws or is nonsuited, before or after issue is joined, the defendant may file an answer in the nature of an avowry alleging his right to take and hold the goods and a counterclaim stating the injury he has sustained and his claim for damages. Thereafter, the court shall render judgment for the defendant to recover such damages as he has sustained, and his costs, and for a return of the property replevied; except that, in any action where the plaintiff withdrew by mistake, the court shall reinstate the case as though it had not been withdrawn.
(1949 Rev., S. 8264; 1967, P.A. 106; P.A. 82-160, S. 213.)
History: 1967 act added exception for withdrawal by mistake; P.A. 82-160 rephrased the section and, after “avowry”, added “alleging his right to take and hold the goods”.
Cited. 16 C. 578. Nature of judgment for return of goods rendered on withdrawal of action. 70 C. 605. Erasure or dismissal for want of jurisdiction not a “nonsuit”. 98 C. 230.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-529. - Burden of proof. Evidence. Damages and costs.

If the plaintiff's right to the possession of the property described in the writ of replevin is put in issue, without any disclaimer of title by the defendant, the plaintiff shall be bound to prove his right to possession, and may show the damages sustained by him by reason of the detention of the property by the defendant. If the defendant in his answer by way of counterclaim claims damages for the replevin, he may give evidence of the damages. Judgment, if for the plaintiff, whether upon default or trial, shall be for his damages and costs, and, if for the defendant, shall be for a return of the property and for his damages and costs.
(1949 Rev., S. 8265; P.A. 82-160, S. 214.)
History: P.A. 82-160 rephrased the section.
When judgment for return of property a mere formality. 51 C. 176. Plaintiff entitled to full costs, although he fails to prove title to all the articles. 54 C. 83. Plaintiff cannot prove a “general or special property” in goods which are not distinguishable from others of like kind. Id., 317. Plaintiff not bound to prove that property which was not replevied was in this state when wrongfully detained. 66 C. 546. Defendant not obliged to claim damages; may recover them subsequently in suit on replevin bond. 70 C. 340; 71 C. 86; 74 C. 392; Id., 553; 101 C. 417. Damages where lunch wagon is replevied and defendant prevails. 74 C. 552. Judgment of return and for costs proper where a plea to the jurisdiction is sustained. 64 C. 74. Nature of judgment for return of goods. 70 C. 605. Judgment as an estoppel in action on bond. 71 C. 698. Remittitur required as condition of not going to new trial. 81 C. 101. Effect of judgment for plaintiff on general issue. 69 C. 450. Costs recoverable. 40 C. 111; 48 C. 133; 54 C. 83. All the issues should ordinarily be tried together. 91 C. 319. Obligee entitled to nominal damages on bond where return of goods and payment of damages is refused, though subsequently made; 76 C. 683; so where third party, owner of goods, had taken them and suit was for expenses. 96 C. 683. No damages can be given in replevin action unless counterclaimed by defendant; elements of damage. 101 C. 61. Judgment for nominal damages on counterclaim deprives defendant of right to sue again on replevin bond; res judicata. Id., 416. Cited. 118 C. 476. Plaintiff must prevail by strength of his title and not by weakness of defendant's. 128 C. 198; Id., 508. Proof merely of actual possession by plaintiff of vehicles registered in another's name not sufficient. Id. Replevin is a purely statutory action. 152 C. 695.
Cited. 18 CA 1.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-530. - Damages for property not replevied. No costs against common carrier.

If any of the property described in the writ of replevin is not replevied, but the plaintiff proves a general or special property interest therein with a right to its immediate possession, and that the property is wrongfully detained by the defendant, and claims full damages therefor, the value of the property with damages for its detention may be included in any judgment which the plaintiff may recover. Any such value shall be stated upon the record. No costs may be taxed against a common carrier which is defendant in any action of replevin for recovery of goods, wares, merchandise, baggage or freight in its possession when such common carrier upon demand surrenders the property to the officer serving the writ and makes no defense to the action.
(1949 Rev., S. 8266; P.A. 82-160, S. 215.)
History: P.A. 82-160 rephrased the section.
Recovery of damages where goods are detained out of state. 66 C. 549. Judgment on verdict giving no damages set aside; 100 C. 99; and also one on verdict awarding excessive damages. Id., 97.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 921 - Replevin › Section 52-531. - Nonresident defendant; security for costs.

In an action of replevin brought against any person not an inhabitant of this state, the court before which the action is pending may make such order as to security to be given by the defendant for costs that may be recovered by the plaintiff as it deems just.
(1949 Rev., S. 8267.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922a - Hearing of Small Claims › Section 52-549a. - Application for hearing before a commissioner of the Superior Court.

(a) In any small claims action, the parties may, by agreement, submit such matter to a commissioner of the Superior Court chosen on a rotating basis by the clerk of the court to which such small claim is returned, from a list of such commissioners approved by the Chief Court Administrator, in accordance with section 52-549d, and submitted to the parties by the clerk in the small claims area in which such matter is filed. If the parties fail to agree on the first commissioner so chosen, the clerk shall choose another upon whom the parties may agree on such rotating basis.
(b) If the parties consent to a hearing before a commissioner of the Superior Court, they shall sign a statement, to be filed with the clerk of the superior court in which such action is filed, containing the following: (1) Consent to hearing before such commissioner, which shall contain the name of the commissioner; (2) a brief recital of the nature of the controversy to be determined; and (3) an agreement of the parties to abide by the decision of such commissioner.
(P.A. 76-298, S. 2, 6; P.A. 77-452, S. 30, 68, 72; P.A. 00-191, S. 6.)
History: P.A. 77-452 made chief court administrator rather than chief judge of court of common pleas responsible for approving list of superior court commissioners in Subsec. (a) and required that statement be filed by clerk of superior court rather than clerk of common pleas court in Subsec. (b), reflecting reorganization of judicial system, effective July 1, 1978; P.A. 00-191 amended Subsec. (a) by changing “geographical area” to “small claims area”.
See Sec. 51-15 re procedure and jurisdictional limit for small claims matters.
See Sec. 52-259 re court fees for entry and transfer of small claims cases.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922a - Hearing of Small Claims › Section 52-549b. - Where hearing may be held.

Upon the filing of the statement provided for in section 52-549a, the clerk of the court shall notify the commissioner so appointed, who shall forthwith proceed to hear such controversy. Such hearing shall be heard in a courtroom unless no courtroom is available, in which case it may be heard in a law office of the commissioner or at any other place upon which the commissioner and the parties may agree.
(P.A. 76-298, S. 3, 6.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922a - Hearing of Small Claims › Section 52-549c. - Hearing before commissioner. Procedure. Counsel. Withdrawal. Award and judgment.

(a) A commissioner of the Superior Court appointed to hear a small claim shall not be bound by the rules regarding the admissibility of evidence, but all testimony shall be given under oath or affirmation. Either party may be represented by counsel but no record of the proceeding before the commissioner shall be required to be kept. No expense may be incurred by the commissioner except upon the consent in writing of the parties.
(b) After the commencement of the hearing neither party may withdraw from the hearing unless both parties consent to the withdrawal, or the commissioner directs a discontinuance of the proceeding.
(c) The commissioner shall make his award in writing and file the award promptly, together with his opinion, if any, with the clerk of the superior court in which the action is filed within fifteen days of the conclusion of the hearing. Unless both parties file a request in writing not to enter judgment, the clerk shall, within two days after the filing of the award and opinion, if any, enter judgment in accordance with the award and mail notice of judgment and a copy of the opinion, if any, to the parties.
(P.A. 76-298, S. 4, 6; P.A. 77-452, S. 69, 72; 77-604, S. 34, 84; P.A. 82-160, S. 216.)
History: P.A. 77-452 required filing of award with clerk of superior court rather than clerk of common pleas court in subsec. (c), reflecting reorganization of judicial system, effective July 1, 1978; P.A. 77-604 made technical grammatical correction in Subsec. (c); P.A. 82-160 rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922a - Hearing of Small Claims › Section 52-549d. - List of names of commissioners to conduct hearings. Compensation.

(a) Any commissioner of the Superior Court, admitted to practice in this state for at least two years, who is able and willing to hear small claims, may submit his or her name to the clerk of the superior court for any small claims area in which the commissioner may have a law office or in which such commissioner is convenient and available to the litigants and counsel of the small claims area. The name shall be submitted to the Chief Court Administrator for approval to be placed on a list of available commissioners in any small claims area for hearing of small claims. The approved name shall thereupon be returned to the clerk who shall maintain a list of all approved names.
(b) Except as provided in section 52-549c, no commissioner may receive compensation or reimbursement for any expense incurred or for any services performed in accordance with the provisions of this chapter and section 51-15.
(P.A. 76-298, S. 5, 6; P.A. 77-452, S. 31, 72; P.A. 82-160, S. 217; P.A. 00-191, S. 7, 16; P.A. 01-195, S. 65, 181.)
History: P.A. 77-452 required submission of name to superior court clerk and to chief court administrator rather than to common pleas court clerk and chief judge of common pleas court, reflecting reorganization of judicial system, effective July 1, 1978; P.A. 82-160 deleted the “On or after June 4, 1976” at the beginning of the section, rephrased the section and inserted Subsec. indicators; P.A. 00-191 amended Subsec. (a) by changing “geographical area” to “small claims area”, effective September 1, 2000; P.A. 01-195 made technical changes in Subsec. (a) for purposes of gender neutrality, effective July 11, 2001.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549n. - Certain contract actions referred to fact-finders. Rules of procedure.

In accordance with the provisions of section 51-14, the judges of the Superior Court may make such rules as they deem necessary to provide a procedure in accordance with which the court, in its discretion, may refer to a fact-finder for proceedings authorized pursuant to this chapter, any contract action pending in the Superior Court, except claims under insurance contracts for uninsured and underinsured motorist coverage, in which only money damages are claimed and which is based upon an express or implied promise to pay a definite sum, and in which the amount, legal interest or property in controversy is less than fifty thousand dollars exclusive of interest and costs. Such cases may be referred to a fact-finder only after the certificate of closed pleadings has been filed, no claim for a jury trial has been filed at the time of reference, and the time prescribed in section 52-215 for filing a jury trial claim within thirty days of the return day or within ten days after the issue of fact has been joined has expired.
(P.A. 81-462, S. 8, 13; P.A. 82-441, S. 1, 13, 23; P.A. 97-24, S. 1, 7; 97-40, S. 6; P.A. 15-118, S. 64.)
History: P.A. 82-441 deleted provisions re arbitration of civil actions and substituted provisions re rules of procedure for fact-finding in certain contract actions, and postponed effective date of section from July 1, 1982, to July 1, 1983; P.A. 97-24 added exception for uninsured and underinsured motorist coverage, increased limit for amount in controversy from less than $15,000 to less than $50,000 and, using language identical to that in P.A. 97-40, made change in procedure by requiring filing of certificate of closed pleadings, effective January 1, 1998; P.A. 97-40 required filing of certificate of closed pleadings; P.A. 15-118 made a technical change.
Cited. 199 C. 496; 237 C. 758.
Cited. 5 CA 469; 12 CA 348; 15 CA 185; Id., 194; 17 CA 294; 20 CA 420; 24 CA 223; 28 CA 693; Id., 693; 35 CA 353; 38 CA 772; 42 CA 763.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549o. - Assignment of fact-finders. Hearings.

The Chief Court Administrator may assign to each judicial district such number of fact-finders as he deems advisable. The Chief Court Administrator, or his designee, shall designate the holding of fact-finding hearings at such times and in such courthouse facilities as he deems to be in the best interest of court business, taking into consideration the convenience of litigants and their counsel and the efficient use of courthouse personnel and facilities.
(P.A. 82-441, S. 2, 23.)
History: P.A. 82-441, S. 2 effective July 1, 1983.
Cited. 199 C. 496.
Cited. 20 CA 420.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549p. - Appointment of fact-finders. Compensation. Powers.

(a) Upon publication of a notice in the Connecticut Law Journal, any commissioner of the Superior Court admitted to practice in this state for at least five years, who is willing and able to act as a fact-finder, may submit his name to the Office of the Chief Court Administrator for approval to be placed on a list of available fact-finders for one or more judicial districts. The criteria for selection and approval of the fact-finders shall be promulgated by the judges of the Superior Court. Upon selection and approval by the Chief Court Administrator, for such term as he may fix, the fact-finders shall be sworn or affirmed to try justly and equitably all matters at issue submitted to them. The Chief Court Administrator, in his discretion, may at any time revoke any such approval.
(b) Each fact-finder shall receive one hundred dollars for each day he is assigned to a courthouse facility to conduct hearings as a fact-finder, and an additional twenty-five dollars for each finding of fact filed with the court. In difficult or extraordinary cases the Chief Court Administrator may, in his discretion, make a further allowance not to exceed two hundred dollars for services rendered attendant to but not part of the hearing.
(c) Such fact-finders shall have the power to: (1) Issue subpoenas for the attendance of witnesses and for the production of books, papers and other evidence, such subpoenas to be served in the manner provided by law for service of subpoenas in a civil action and to be returnable to the fact-finders; (2) administer oaths or affirmations; and (3) determine the admissibility of evidence and the form in which it is to be offered.
(P.A. 81-462, S. 9, 13; P.A. 82-441, S. 3, 13, 23.)
History: P.A. 82-441 deleted provision re service of attorneys as arbitrators and added provisions re appointment, compensation and powers of fact-finders, and postponed effective date of section from July 1, 1982, to July 1, 1983.
Cited. 199 C. 496.
Cited. 12 CA 190; 20 CA 420.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549q. - Adjournment of meeting of arbitrators. Meeting of arbitrators. Absence of arbitrator.

Section 52-549q is repealed.
(P.A. 81-462, S. 10, 13; P.A. 82-441, S. 13, 21, 23.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549r. - Rules of evidence to apply to fact-finding proceedings. Finding of fact. Award.

In matters submitted to fact-finding a record shall be made of the proceedings and the rules of evidence in civil cases in this state shall apply. The fact-finders shall proceed to determine the matters in controversy submitted to them, and shall prepare and sign a finding of fact, which shall include an award of damages if applicable. Within one hundred twenty days of the completion of the fact-finder's hearing the fact-finder shall file the finding of fact with the clerk of the court together with sufficient copies thereof for the parties and their counsel.
(P.A. 81-462, S. 11, 13; P.A. 82-441, S. 4, 13, 23.)
History: P.A. 82-441 deleted provisions re arbitration and added provisions re rules of evidence in fact-finding proceedings, findings of fact and awards, and changed effective date of section from July 1, 1982, to July 1, 1983.
Cited. 199 C. 496.
Cited. 20 CA 420.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549s. - Consideration of finding by court. Objections. Authority of court re finding.

(a) Not less than fourteen days after the filing of the finding, the clerk shall schedule the matter for consideration by the court. The parties may file objections to the acceptance of the finding of fact in accordance with rules established by the judges of the Superior Court. The court may (1) render judgment in accordance with the finding; (2) reject the finding and remand the case to the fact-finder who originally heard the matter for a rehearing on all or part of the finding of fact; (3) reject the finding and remand the matter to another fact-finder for a rehearing; (4) reject the finding and revoke the reference or (5) take any other action the court may deem necessary.
(b) The court may correct a finding at any time before the acceptance of the finding, upon the written stipulation of the parties.
(c) The fact-finder shall not be called as a witness, nor shall the decision of the fact-finder be admitted in evidence at another proceeding ordered by the court.
(P.A. 82-441, S. 5, 23.)
History: P.A. 82-441, S. 5 effective July 1, 1983.
Cited. 199 C. 496.
Cited. 20 CA 420.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549t. - Failure to appear. Payment of fees of fact-finder. Dismissal of action.

(a) Where a party fails to appear at the hearing, the fact-finder shall nonetheless proceed with the hearing and shall make a finding of fact, as may be just and proper under the facts and circumstances of the action, which shall be filed with the clerk of the court pursuant to section 52-549r for consideration by the court pursuant to section 52-549s. If, pursuant to section 52-549s, the party who failed to appear files an objection to the acceptance of the finding of fact and the objection is sustained by the court, the court may require that party to pay to the court an amount not greater than the total fees then payable to the fact-finder for services in the case.
(b) If all parties fail to appear at the hearing, the fact-finder 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 fact-finder 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.
(P.A. 82-441, S. 6, 23.)
History: P.A. 82-441, S. 5 effective July 1, 1983.
Cited. 199 C. 496.
Cited. 12 CA 190; 20 CA 420.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549u. - Arbitration of certain civil actions. Rules of procedure.

In accordance with the provisions of section 51-14, the judges of the Superior Court may make such rules as they deem necessary to provide a procedure in accordance with which the court, in its discretion, may refer to an arbitrator, for proceedings authorized pursuant to this chapter, any civil action in which in the discretion of the court, the reasonable expectation of a judgment is less than fifty thousand dollars exclusive of legal interest and costs and in which a claim for a trial by jury and a certificate of closed pleadings have been filed. An award under this section shall not exceed fifty thousand dollars, exclusive of legal interest and costs. Any party may petition the court to become eligible to participate in the arbitration process as provided in this section.
(P.A. 82-441, S. 7, 23; P.A. 97-24, S. 2, 7; 97-40, S. 7.)
History: P.A. 82-441, S. 7 effective July 1, 1983; P.A. 97-24 changed amount in demand from less than $15,000 to a civil action which in discretion of court has reasonable expectation of judgment of less than $50,000, made change in procedure by requiring filing of certificate of closed pleadings, using language identical to that of P.A. 97-40, and added provisions re maximum award of $50,000 and re petition by any party for arbitration, effective January 1, 1998; P.A. 97-40 required filing of certificate of closed pleadings.
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.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549v. - Assignment of arbitrators. Arbitration proceedings.

The Chief Court Administrator may assign to each judicial district such number of arbitrators as he deems advisable. The Chief Court Administrator, or his designee, shall designate the holding of arbitration proceedings at such times and in such courthouse facilities as he deems to be in the best interest of court business, taking into consideration the convenience of litigants and their counsel, and the efficient use of courthouse personnel and facilities.
(P.A. 82-441, S. 8, 23.)
History: P.A. 82-441, S. 8 effective July 1, 1983.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549w. - Appointment of arbitrators. Compensation. Powers.

(a) Upon publication of a notice in the Connecticut Law Journal, any commissioner of the Superior Court admitted to practice in this state for at least five years, who has civil litigation experience and who is willing and able to act as an arbitrator, may submit his name to the Office of the Chief Court Administrator for approval to be placed on a list of available arbitrators for one or more judicial districts. The criteria for selection and approval of arbitrators shall be promulgated by the judges of the Superior Court. Upon selection and approval by the Chief Court Administrator, for such term as he may fix, the arbitrators shall be sworn or affirmed to try justly and equitably all matters at issue submitted to them. The Chief Court Administrator, in his discretion, may at any time revoke any such approval.
(b) Each arbitrator shall receive one hundred dollars for each day he is assigned to a courthouse facility to conduct proceedings as an arbitrator and an additional twenty-five dollars for each decision filed with the court. In difficult or extraordinary cases, the Chief Court Administrator may, in his discretion, make a further allowance not to exceed two hundred dollars for services rendered attendant to but not part of the hearing.
(c) Such arbitrators shall have the power to: (1) Issue subpoenas for the attendance of witnesses and for the production of books, papers and other evidence, such subpoenas to be served in the manner provided by law for service of subpoenas in a civil action and to be returnable to the arbitrators; (2) administer oaths or affirmations; and (3) determine the admissibility of evidence and the form in which it is to be offered.
(P.A. 82-441, S. 9, 23; P.A. 97-24, S. 3, 7.)
History: P.A. 82-441, S. 9 effective July 1, 1983; P.A. 97-24 amended Subsec. (a) by adding qualification re civil litigation experience, effective January 1, 1998.
Cited. 13 CA 189.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549x. - Decision of arbitrator.

Within one hundred twenty days of the completion of the arbitration hearing the arbitrator shall file his decision with the clerk of the court together with sufficient copies thereof for the parties or their counsel. In his decision the arbitrator shall state the number of days on which hearings concerning that case were held before such arbitrator.
(P.A. 82-441, S. 10, 23; P.A. 97-24, S. 4, 7.)
History: P.A. 82-441, S. 10 effective July 1, 1983; P.A. 97-24 deleted requirement of record of proceedings and application of rules of evidence, effective January 1, 1998.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549y. - Failure to appear. Judgment. Motion to open or set aside judgment. Dismissal of action. Payment of arbitration fee.

(a) Where a party fails to appear at the hearing, the arbitrator shall nonetheless proceed with the hearing and shall make a decision, as may be just and proper under the facts and circumstances of the action, which shall be entered as a judgment forthwith by the court. Such judgment may not be opened or set aside unless a motion to open or set aside is filed within four months succeeding the date on which it was rendered. If the court opens or sets aside the judgment, it may resubmit the actions to the arbitrator. Any order opening or setting aside the judgment may be upon condition that the moving party pay into the court an amount not greater than the total fees then payable to the arbitrator for services in the case.
(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.
(P.A. 82-441, S. 11, 23.)
History: P.A. 82-441, S. 11 effective July 1, 1983.
Cited. 13 CA 189.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 922b - Fact-Finding and Arbitration › Section 52-549aa. - Setting aside award. Trial de novo.

In addition to the absolute right to a trial de novo as provided under section 52-549z, the court in which such award is filed may set aside an award of arbitrators and order a trial de novo in the Superior Court upon proof that the arbitrators acted arbitrarily or capriciously in the course of the hearings before them or that the award was procured by corruption or other undue means.
(P.A. 81-462, S. 12, 13; P.A. 82-441, S. 13, 23; P.A. 97-24, S. 6, 7.)
History: P.A. 82-441 changed effective date of section from July 1, 1982, to July 1, 1983; P.A. 97-24 added reference to absolute right to trial de novo under Sec. 52-549z, effective January 1, 1998.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 923a - Uniform Fraudulent Transfer Act › Section 52-552a. - Short title: Uniform Fraudulent Transfer Act.

Sections 52-552a to 52-552l, inclusive, may be cited as the “Uniform Fraudulent Transfer Act”.
(P.A. 91-297, S. 1.)
Cited. 32 CA 537; 36 CA 305.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 923a - Uniform Fraudulent Transfer Act › Section 52-552c. - Insolvency.

(a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation.
(b) A debtor who is generally not paying his debts as they become due is presumed to be insolvent.
(c) A partnership is insolvent under subsection (a) of this section if the sum of the partnership's debts is greater than the aggregate, at a fair valuation, of all of the partnership's assets and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership debts.
(d) Assets under this section do not include property that has been transferred, concealed or removed with intent to hinder, delay or defraud creditors or that has been transferred in a manner making the transfer voidable under sections 52-552a to 52-552l, inclusive.
(e) Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
(P.A. 91-297, S. 3.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 923a - Uniform Fraudulent Transfer Act › Section 52-552d. - Value.

(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b) For the purposes of subdivision (2) of subsection (a) of section 52-552e and section 52-552f, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust or security agreement.
(c) A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
(P.A. 91-297, S. 4.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 923a - Uniform Fraudulent Transfer Act › Section 52-552f. - Transfers fraudulent as to present creditors.

(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time and the insider had reasonable cause to believe that the debtor was insolvent.
(P.A. 91-297, S. 6.)
Cited. 239 C. 109.
Cited. 34 CA 216; 46 CA 199.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 923a - Uniform Fraudulent Transfer Act › Section 52-552g. - When transfer is made or obligation is incurred.

For the purposes of sections 52-552a to 52-552l, inclusive:
(1) A transfer is made: (A) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and (B) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under sections 52-552a to 52-552
l
, inclusive, that is superior to the interest of the transferee;
(2) If applicable law permits the transfer to be perfected as provided in subsection (1) of this section and the transfer is not so perfected before the commencement of an action for relief under sections 52-552a to 52-552
l
, inclusive, the transfer is deemed made immediately before the commencement of the action;
(3) If applicable law does not permit the transfer to be perfected as provided in subsection (1) of this section, the transfer is made when it becomes effective between the debtor and the transferee;
(4) A transfer is not made until the debtor has acquired rights in the asset transferred;
(5) An obligation is incurred: (A) If oral, when it becomes effective between the parties, or (B) if evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.
(P.A. 91-297, S. 7.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 923a - Uniform Fraudulent Transfer Act › Section 52-552h. - Remedies of creditors.

(a) In an action for relief against a transfer or obligation under sections 52-552a to 52-552l, inclusive, a creditor, subject to the limitations in section 52-552i, may obtain: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (2) an attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by chapter 903a; (3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure (A) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property, (B) appointment of a receiver to take charge of the asset transferred or of other property of the transferee, or (C) any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
(P.A. 91-297, S. 8.)
Plain language of section demonstrates that Uniform Fraudulent Transfer Act was enacted specifically to expand range of a creditor's remedies beyond the common-law property and proceeds rule; section does not vest court with unfettered discretion to award damages to creditors who have failed to avail themselves of all the protections afforded under the act. 266 C. 1.
Cited. 46 CA 199. Trial court's order of relief allowing plaintiff to attach defendants' property and levy execution thereon was well within court's authority to grant under section after finding of liability for a fraudulent transfer. 201 CA 774.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 923a - Uniform Fraudulent Transfer Act › Section 52-552j. - Extinguishment of cause of action.

A cause of action with respect to a fraudulent transfer or obligation under sections 52-552a to 52-552l, inclusive, is extinguished unless action is brought: (1) Under subdivision (1) of subsection (a) of section 52-552e, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant; (2) under subdivision (2) of subsection (a) of section 52-552e or subsection (a) of section 52-552f, within four years after the transfer was made or the obligation was incurred; or (3) under subsection (b) of section 52-552f, within one year after the transfer was made or the obligation was incurred.
(P.A. 91-297, S. 10.)
Cited. 46 CA 199.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 923a - Uniform Fraudulent Transfer Act › Section 52-552k. - Supplementary provisions.

Unless displaced by the provisions of sections 52-552a to 52-552l, inclusive, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement the provisions of said sections.
(P.A. 91-297, S. 11.)
Applying the law of agency does not displace and is not inconsistent with the provisions or policies of Secs. 52-552a to 52-552
l
and not applying the laws of agency would undermine the purposes of said Secs. without providing any commensurate benefit; law of agency applies to defendant's transfers of debtor's assets pursuant to a power of attorney for purposes of plaintiff's fraudulent transfer claim. 332 C. 1.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 923a - Uniform Fraudulent Transfer Act › Section 52-552l. - Uniformity of application and construction.

Sections 52-552a to 52-552k, inclusive, shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of said sections among states enacting them.
(P.A. 91-297, S. 12.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 924 - Wagering Contracts › Section 52-553. - Wagers and wagering contract void. Exceptions.

All wagers, and all contracts and securities of which the whole or any part of the consideration is money or other valuable thing won, laid or bet, at any game, horse race, sport or pastime, and all contracts to repay any money knowingly lent at the time and place of such game, race, sport or pastime, to any person so gaming, betting or wagering, or to repay any money lent to any person who, at such time and place, so pays, bets or wagers, shall be void, provided nothing in this section shall (1) affect the validity of any negotiable instrument held by any person who acquired the same for value and in good faith without notice of illegality in the consideration, (2) apply to the sale of a raffle ticket pursuant to section 7-172, (3) apply to online casino gaming, online sports wagering, retail sports wagering and fantasy contests, as such terms are defined in section 12-850, and conducted pursuant to sections 12-852 to 12-865, inclusive, as applicable, (4) apply to the operation of keno through or the purchase of tickets for lottery draw games through the Internet web site, online service or mobile application of the Connecticut Lottery Corporation, pursuant to section 12-853, or (5) apply to any wager or contract otherwise authorized by law.
(1949 Rev., S. 6785; P.A. 03-60, S. 2; P.A. 10-36, S. 10; P.A. 21-23, S. 38.)
History: P.A. 03-60 made technical changes, designated existing proviso as Subdiv. (1) and added Subdiv. (2) providing that nothing in section shall apply to the sale of a raffle ticket pursuant to Sec. 7-172; P.A. 10-36 added Subdiv. (3) providing that nothing in section shall apply to any wager or contract otherwise authorized by law, effective July 1, 2010; P.A. 21-23 added new Subdiv. (3) re online casino gaming, online sports wagering, retail sports wagering and fantasy contests, added Subdiv. (4) re keno and purchase of lottery tickets through Internet web site, online service or mobile application and redesignated existing Subdiv. (3) as Subdiv. (5), effective July 1, 2021.