reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-155. - (Note: This section is repealed, effective July 1, 2023.) Depositions before commissioner appointed by other jurisdiction. Compulsory process for witnesses.

(a) Each commissioner, appointed according to the laws or usages of any other state or government, or by any court of the United States or of any other state or government, to take testimony in this state to be used in any such court, may apply to a judge of any court of record, or to any justice of the peace, notary public or commissioner of the Superior Court, for a subpoena or to any such judge for a capias, to compel the appearance of any witness before such commissioner.
(b) Upon proof of the commissioner's authority and that the testimony of the witness is material, the judge, justice of the peace, notary public or commissioner of the Superior Court shall issue the subpoena or capias requested. If any person summoned as a witness to testify before the commissioner refuses to appear and testify, the judge of any court of record may commit the person to prison until he signifies his willingness to appear and testify.
(c) Before any compulsory process issues to cause any witness to attend and give his deposition, it shall appear to the officer who was to take the deposition, or, in the case of a commissioner, to the officer issuing the summons, that the witness has been duly summoned and the amount of his fees tendered to him by the officer serving the same.
(1949 Rev., S. 7878; 1959, P.A. 615, S. 13; P.A. 82-160, S. 74; P.A. 22-26, S. 68.)
History: 1959 act provided only judge of court of record may issue capias or commit to prison, deleting provision for such action by justice, notary public or commissioner of superior court; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 22-26 repealed section, effective July 1, 2023, and applicable to any request for discovery in an action pending on or filed on or after said date.
Cited. 211 C. 555; 229 C. 716.
Cited. 40 CS 198.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-155a. - Limitations on issuance of out-of-state subpoena request relating to reproductive health care services.

Notwithstanding the provisions of sections 52-155 and 52-657, a judge, justice of the peace, notary public or commissioner of the Superior Court shall not issue a subpoena requested by a commissioner, appointed according to the laws or usages of any other state or government, or by any court of the United States or of any other state or government, when such subpoena relates to reproductive health care services, as defined in section 52-571m, that are permitted under the laws of this state, unless the subpoena relates to: (1) An out-of-state action founded in tort, contract or statute, for which a similar claim would exist under the laws of this state, brought by a patient or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; or (2) an out-of-state action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena requested by a commissioner appointed according to the laws or usages of another state.
(P.A. 22-19, S. 3.)
History: P.A. 22-19 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-155b. - Limitations on issuance of out-of-state subpoena request relating to gender-affirming health care services or reproductive health care services.

Notwithstanding the provisions of sections 52-155 and 52-657, a judge, justice of the peace, notary public or commissioner of the Superior Court shall not issue a subpoena requested by a commissioner, appointed according to the laws or usages of any other state or government, or by any court of the United States or of any other state or government, when such subpoena relates to reproductive health care services or gender-affirming health care services, as defined in section 52-571n, that are permitted under the laws of this state, unless the subpoena relates to: (1) An out-of-state action founded in tort, contract or statute, for which a similar claim would exist under the laws of this state, brought by a patient or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient; or (2) an out-of-state action founded in contract, and for which a similar claim would exist under the laws of this state, brought or sought to be enforced by a party with a contractual relationship with the person that is the subject of the subpoena requested by a commissioner appointed according to the laws or usages of another state.
(P.A. 22-118, S. 486.)
History: P.A. 22-118 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-157. - Taking of deposition may be adjourned.

The authority before whom a deposition is taken may adjourn the taking thereof from time to time, as necessity or convenience may require, giving notice thereof to the parties present.
(1949 Rev., S. 7880.)
Cited. 211 C. 555; 229 C. 716.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-159. - Deposition may be used in another action.

The testimony of any witness, taken by deposition, in any civil action may be used in another civil action between the same parties, or their executors or administrators, and upon the same cause of action, to the same extent and as fully as though originally taken for use in such cause. The original deposition, when the authenticity of the same has been established, or a copy thereof, certified by the clerk of the court to which the original action was brought, shall be admitted in evidence as though originally taken for use in such cause.
(1949 Rev., S. 7882.)
Rule before section was enacted. 80 C. 140; 86 C. 583. Cited. 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-160. - Admissibility in subsequent trial of testimony of witness recorded in former trial.

If any witness in a civil action is beyond the reach of the process of the courts of this state, or cannot be found, and his testimony has been taken by the court stenographer or reporter upon a former trial of the action, a transcript of the record of the testimony, verified by the oath of the stenographer or court reporter, shall be admissible in evidence, in the discretion of the court, upon any subsequent trial of the action, in the same manner and to the same extent as a deposition of the witness would be if legally taken.
(1949 Rev., S. 7883; 1953, S. 3157d; P.A. 82-160, S. 76.)
History: P.A. 82-160 rephrased the section.
Applies where substitute complaint modifying cause of action has been filed. 74 C. 694. Cited. 211 C. 555.
Testimony of witness taken during trial of a different cause of action does not fall under purview of section. 51 CA 24. An unemployment hearing, which is an administrative proceeding, was not same as or substantially similar to a civil action in which claims of a hostile work environment, retaliation, vexatious litigation and intentional infliction of emotional distress were claimed, therefore preclusion of prior testimony given at unemployment hearing was proper. 117 CA 680.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-161. - Transcript of stenographer's or court reporter's record part of official record.

An exemplified transcript of the record of any official stenographer or court reporter shall be prima facie a correct statement of the testimony and proceedings and shall constitute a part of the official record in the cause or matter in which such stenographer's or reporter's record was made.
(1949 Rev., S. 7884; 1953, S. 3158d.)
Notes of charge of court may be used to show issues determined by judgment. 74 C. 568. Court may have notes read or transcript submitted to jury. 82 C. 66. Notes not part of record for appeal unless made so by proper procedure. 71 C. 668; 79 C. 315; 82 C. 547; 87 C. 333; Id., 616; 89 C. 385. Cited. 165 C. 152; 208 C. 156; 211 C. 555.
Cited. 14 CS 503; 42 CS 574.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-161a. - Subpoenaing of court reporter as witness.

No court reporter may be subpoenaed to testify as a witness, or to give a deposition, with respect to any notes taken or transcripts made in his official capacity unless the party issuing the subpoena pays, for the use of the state, to the clerk of the court in which the court reporter is regularly employed, the sum of thirty dollars. This payment shall be waived by the state if the reporter is served with the subpoena not less than three days prior to the date he is commanded to appear.
(February, 1965, P.A. 152, S. 1; P.A. 82-160, S. 77.)
History: P.A. 82-160 rephrased the section.
Cited. 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-161b. - Subpoenaing of crime victim by pro se litigant. Court authorization required.

(a) A pro se litigant in any civil matter, including a habeas corpus proceeding, shall notify the clerk of the court if such litigant has been convicted of a family violence crime, as defined in section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 46b-38a, or a violation of section 53-21, 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b, 53a-73a, 53a-181c, 53a-181d or 53a-181e and if the subject of a subpoena to be issued by such litigant in such matter is the victim of the crime for which such litigant was convicted.
(b) A pro se litigant who has been convicted of said family violence crime or a violation of any of said sections shall not issue a subpoena summoning a victim of the crime for which such litigant was convicted to appear and testify at a court hearing or deposition in any civil matter, including a habeas corpus proceeding, unless a court authorizes the issuance of such subpoena in accordance with subsection (c) of this section.
(c) Whenever such pro se litigant intends to issue a subpoena to any such victim, such litigant shall provide the clerk of the court with notice of such intention. Upon receipt of such notice, the clerk of the court shall schedule a hearing and provide notice to the pro se litigant of the date, time and place of such hearing. At such hearing, the pro se litigant shall make an offer of proof as to the content of the testimony expected to be given by the victim. If the court finds that the testimony expected to be given by the victim is relevant and necessary to the civil matter, the court shall authorize the pro se litigant to issue such subpoena to such victim. The scope of such litigant's examination of the victim shall be limited in accordance with the court's findings on the offer of proof.
(P.A. 06-100, S. 1; P.A. 19-189, S. 13.)
History: P.A. 06-100 effective June 2, 2006; P.A. 19-189 amended Subsec. (a) by replacing “53a-70b” with “section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019” and making a technical change.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-163a. - Determination of the law of jurisdictions outside this state.

(a) In determining the law of any jurisdiction or governmental unit thereof outside this state, the court may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the rules of evidence.
(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.
(P.A. 90-19, S. 1.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-164. - Reports of judicial decisions of other states.

The reports of the judicial decisions of other states and countries may be judicially noticed by the courts of this state as evidence of the common law of such states or countries and of the judicial construction of the statutes or other laws thereof.
(1949 Rev., S. 7887.)
If they contain conflicting decisions, that of the highest court is not necessarily controlling. 14 C. 387. Laws of other states presumed to be like our own, or the common law. 15 C. 18; 18 C. 370; 33 C. 432; 82 C. 352; 86 C. 234; Id., 243. Such reports are conclusive as to the laws of the jurisdiction from which they come. 18 C. 370, 371. Cited. 47 C. 599; 93 C. 46; 118 C. 156; 142 C. 278. Statute of another state construed in accordance with the decisions of its courts. 87 C. 463. Obviates necessity for specially pleading law of foreign state. 103 C. 505; 106 C. 688. Court need not take judicial notice of law of foreign jurisdiction under this section or Sec. 51-32 or 52-163 unless authoritative sources of the foreign law, subject to inspection or verification by opposing counsel, are made available to the court by reference or otherwise, under the usual rules of judicial notice. 152 C. 475. Court need not take judicial notice of the law of a foreign jurisdiction unless authoritative sources of the foreign law are made available to the court. 165 C. 777. Cited. 211 C. 555.
Cited. 2 CA 315.
Statutes and decisions in foreign states are only evidence of what the law may be found to be and not what the law is. 8 CS 259. Court refused to take judicial notice of foreign law where unfairly introduced by defendant, after conclusion of evidence, by motion for directed verdict and verdict for plaintiffs was properly sustained. 27 CS 508.
Parties not having established New York law with respect to matters in issue, court assumes that law is same as Connecticut. 5 Conn. Cir. Ct. 629. Cited. 6 Conn. Cir. Ct. 539.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-165. - Records of corporations and public offices.

The entries or records of all corporations and all public offices, where entries or records are made of their acts, votes and proceedings, by some officer appointed for that purpose, may be proved by a copy certified under the hand of such officer, and the seal of such corporation or office, if any; and, if any such officer knowingly makes a false certificate, he shall be subject to the penalties provided for false statement.
(1949 Rev., S. 7888; 1971, P.A. 871, S. 120.)
History: 1971 act specified that person who makes a false certificate is punishable by penalties for perjury rather than by penalties for false statement as was previously the case.
Certificate of the clerk indispensable, if it can be had. 26 C. 416. The record must be copied at length. 21 C. 112; 67 C. 459. Proceedings of municipal corporation, which should be recorded, cannot be proved by parol. 40 C. 105. Refers only to domestic entries, files or records. 73 C. 602. Applies to registrar of births, marriages and deaths. 74 C. 706; Id., 718; 98 C. 542; 99 C. 277; 103 C. 516. Stock books of corporation admissible in action against stockholder. 73 C. 379. Records of board of aldermen or city council. 64 C. 237; 81 C. 142. Docket entries of referee in bankruptcy. 69 C. 502; 75 C. 611. Abstract of tax list. 76 C. 174. Reports of selectmen of town. 72 C. 561; 121 U.S. 121. Record of town meeting. 78 C. 98. Records of deeds. 75 C. 68; 78 C. 106. Every state determines what shall constitute record in its courts. 69 C. 493. Records of foreign courts. Id.; 73 C. 588. Effect of copy. 74 C. 718. Certificate of registrar of births admissible to prove any official fact stated therein; as paternity of child. 98 C. 542. Copy of report of state chemist stating alcoholic content of liquor held admissible. 103 C. 515. Certificate of medical examiner stating that in his opinion death was suicidal is admissible to establish that fact; but jury should be cautioned that it is statement of opinion. 102 C. 486. Cited. 128 C. 279. Report of laboratory test which had been made by public agency under duty to perform such tests is competent evidence of its contents under public records exception to hearsay rule. 160 C. 1. Cited. 166 C. 439; 176 C. 131; 181 C. 454; 201 C. 1; 204 C. 507; 211 C. 555.
Cited. 25 CA 217. Certificate was properly admitted into evidence because section has no provision requiring corporate officer to state he is authorized to act in the manner in which he is acting, but merely prescribes that the act may be proved by a document under seal. 51 CA 733.
Cited. 38 CS 384; 42 CS 602.
Cited. 4 Conn. Cir. Ct. 487.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-166. - Orders of state officials.

Any order made by any state official in the performance of his duties may be proved in any court by a copy of such order certified by the person having the legal custody of the same.
(1949 Rev., S. 7889; P.A. 90-19, S. 3.)
History: P.A. 90-19 deleted references to any “regulation” made by any state official.
See Sec. 52-163 re judicial notice of regulations of state agencies.
Court could take judicial notice of regulation of public utilities commission, copy of which was placed before it under certificate of commission's secretary. 113 C. 416. Where regulations cover broad field, proper procedure is to ask court to take judicial notice of applicable portion only and regulations in entirety should not be admitted as exhibit in evidence. 149 C. 192. Cited. 186 C. 370; 204 C. 507; 211 C. 555.
Cited. 23 CA 366.
Cited. 42 CS 602.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-167. - Corporation certificates; copies as prima facie evidence.

A copy of any certificate filed by any corporation for record in the office of the Secretary of the State in compliance with the requirements of law shall, when attested by said secretary under his hand and the seal of the state, be prima facie evidence of the facts set forth therein.
(1949 Rev., S. 7890.)
Certificate is prima facie evidence not merely that the corporation is a legal entity, but that there is no legal bar to its transaction of business as such. 56 C. 97. Object of statute stated. 66 C. 21. Certificate of incorporation in another state. 73 C. 379. Cited. 103 C. 519; 204 C. 507; 211 C. 555.
Cited. 42 CS 602.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-168. - U.S. revenue stamps on recorded documents.

Certified copies of any memorandum made by a recording officer, showing the amount of the United States internal revenue stamps affixed to any document lodged for record in his office, and of their cancellation, shall be admissible in evidence.
(1949 Rev., S. 7891.)
Stamp act of Congress construed. 32 C. 95. Congress has no power to make a stamp an essential part of state process. 35 C. 45. Act requiring stamp on instruments used as evidence applies only to federal courts. Id., 240; 40 C. 330; 73 C. 665. Cited. 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-169. - Protests of bills and notes.

Protests of inland bills of exchange and promissory notes, protested without this state, shall be prima facie evidence of the facts therein stated.
(1949 Rev., S. 7892.)
If protest states that due notice was given to the endorser in a particular way, statute makes this evidence that such notice was in fact given. 33 C. 95. Cited. 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-170. - Records of directors of health and religious societies.

The records of the proceedings of directors of health of towns or of any ecclesiastical society or religious congregation, or copies thereof, certified by its clerk, shall be admissible evidence of such proceedings in all courts.
(1949 Rev., S. 7893.)
Form of certificate. 14 C. 279. Church records of marriages and baptisms. 93 C. 39. Cited. 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-171. - Sworn copies of files and records.

The files, records, votes and proceedings of any court, community, corporation, society or public board, having a clerk, may, when he is absent or unable to perform the duties of his office, be proved in any court by copies examined and sworn to by credible witnesses.
(1949 Rev., S. 7894.)
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.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-173. - Entries admissible for those claiming title from decedent.

Whenever the entries and written memoranda of a deceased person would be admissible in favor of his representatives, such entries and memoranda may be admitted in favor of any person claiming title under or from the decedent.
(1949 Rev., S. 7896.)
Apparently designed as an extension of the operation of Sec. 52-172. 56 C. 340. Cited. 63 C. 413; 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-174a. - Admissibility of reports or bills re pregnancy, childbirth or genetic or blood testing as business record.

In any action, petition or proceeding under chapters 815j, 815y and 816, any reports or bills related to pregnancy, childbirth or genetic or blood testing, shall be admissible into evidence as a business record without the need of further foundation, provided any such report or bill is certified to be the original or a copy thereof by the creator or custodian of such report or bill and shall constitute prima facie evidence of amounts incurred for such services or tests. The use of any such report or bill in lieu of actual testimony shall not give rise to any adverse inference concerning the testimony of the creator of the record. This section shall not be construed to prohibit any party or the court from calling any such medical practitioner as a witness.
(June 18 Sp. Sess. P.A. 97-7, S. 18, 38.)
History: June 18 Sp. Sess. P.A. 97-7 effective July 1, 1997.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-175. - Entries and memoranda of mentally ill and incapable persons.

(a) In the trial of any civil action in which any party is, at the time of the trial, mentally ill or unable to testify by reason of incurable sickness, failing mind, old age, infirmity or senility, the entries and memoranda of the party, made while he was sane and which are relevant to the matter in issue, may be received as evidence.
(b) If the entries and memoranda of any such mentally ill person or person unable to testify would be admissible, under the provisions of this section, in his favor in any action to which he is a party, the entries and memoranda may be admitted in favor of any person claiming title under or from the mentally ill person or person unable to testify.
(c) The court shall determine, upon competent evidence, as a preliminary question of fact, whether the provisions of this section apply to any party or parties to any action on trial before it.
(1949 Rev., S. 7897; P.A. 82-160, S. 79; P.A. 83-587, S. 62, 96.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 83-587 made a technical amendment to Subsec. (a).
Cited. 168 C. 498; 211 C. 555.
Statute does not apply if person making the statement is not a party. 49 CA 365.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-175a. - Negligence action, construction of acts of blind person.

The failure of a blind person to use a guide dog or to carry a cane or walking stick which is predominantly white or metallic in color, with or without red tip, shall not be construed as evidence of comparative or contributory negligence in any negligence action.
(P.A. 73-279, S. 4.)
See Sec. 1-1f for definitions of “blind” and “physically disabled”.
Cited. 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-176. - Promise to pay barred debt to be in writing.

In any action against the representatives of a deceased person, an acknowledgment or promise shall not be sufficient evidence of a new or continuing contract to take the case out of the statute of limitations, unless it is contained in a writing made or signed by the party to be charged thereby. This provision shall not alter the effect of any payment of principal or interest.
(1949 Rev., S. 7898; P.A. 82-160, S. 80.)
History: P.A. 82-160 rephrased the section.
Statute applies to claims presented against estates. 68 C. 305, 306. Signature to letter made by stenographer by means of a rubber stamp, held a sufficient compliance with statute. 73 C. 346. Unequivocal acknowledgment enough; reference to extraneous papers. 80 C. 415. Letters of administrator as such though sole heir, held not to remove bar. 84 C. 54. Effect of act of executor in charging debt in his account. Id., 137. In action on insurance policy, assignment by deceased to secure debt made after debt barred, held sufficient evidence. 88 C. 544. Cited. 129 C. 544. Statute applies where action commenced prior to death of executrix' decedent. 178 C. 529. Cited. 211 C. 555.
Cited. 17 CS 222.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-177. - Action on bond. Burden of proving value of principal's interest.

Whenever, in any action brought upon a bond given in accordance with the provisions of section 52-308, the defendant sets up in his answer, or claims, that the interest of the principal in the bond in the property attached in the action in which the bond was given was, at the time of the giving of the bond, of less value than the amount ordered by the process in the action to be attached, the burden of proving the actual value of the interest shall be upon the defendant.
(1949 Rev., S. 7900; P.A. 82-160, S. 81.)
History: P.A. 82-160 replaced “suit” with “action” and “such” with “the” where appearing.
Statute construed; presumption as to value. 58 C. 437; 102 C. 689; 109 C. 364. Cited. 86 C. 620. Recital in bond that attachment was placed on property of J. and E. estops parties to it from claiming that J. did not have any interest at all in the property. 114 C. 98. The burden of proving actual value of principal's interest is on defendant. 138 C. 428. Cited. 141 C. 675; 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-178a. - Physical examination of plaintiff, when.

In any action to recover damages for personal injuries, the court or judge may order the plaintiff to submit to a physical examination by one or more physicians or surgeons. No party may be compelled to undergo a physical examination by any physician to whom he objects in writing submitted to the court or judge.
(February, 1965, P.A. 477; P.A. 82-160, S. 83.)
History: P.A. 82-160 rephrased the section.
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.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-179. - Seal and its equivalent.

All instruments in writing executed by any person or corporation not having an official or corporate seal, purporting and intended to be a specialty or under seal, and not otherwise sealed than by the addition of the word “seal” or the letters “L.S.”, or, in the case of an official or corporate seal, by an impression of such seal upon the paper or other material employed, shall be deemed in all respects sealed instruments, and received in evidence as such.
(1949 Rev., S. 7902.)
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.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-180a. - Admissibility of out-of-state hospital record or bill for treatment.

Any and all parts of any hospital record or bill for treatment, or copy thereof, made by a hospital located without this state in connection with the treatment of a patient, if not otherwise inadmissible, shall be admissible in evidence without any preliminary testimony if there is attached thereto the certification in affidavit form of the person in charge of the record room of the hospital or his authorized assistant indicating that such record, bill or copy is the original record or bill or a copy thereof, made in the regular course of the business of the hospital, and that it was the regular course of such business to make such record or bill at the time of the transaction, occurrence or event recorded therein or within a reasonable time thereafter.
(P.A. 89-156.)
Cited. 31 CA 94.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-180b. - *(See end of section for amended version and effective date.) Presumption against admission of evidence of prior criminal conviction of applicant or employee.

There shall be a rebuttable presumption against admission of evidence of the prior criminal conviction of an applicant or employee in an action alleging that an employer has been negligent in hiring an applicant or retaining an employee, or in supervising the employer's agent, representative or designee with respect to hiring an applicant or retaining an employee, if the applicant or employee held a valid provisional pardon or certificate of rehabilitation at the time such alleged negligence occurred and a party establishes, by a preponderance of the evidence, that the employer knew that the applicant or employee held a valid provisional pardon or certificate of rehabilitation at the time such alleged negligence occurred. For the purposes of this section, “employer” has the same meaning as provided in section 31-51i.
(P.A. 14-27, S. 7.)
*Note: On and after January 1, 2023, this section, as amended by section 34 of public act 21-32, is to read as follows:
“Sec. 52-180b. Presumption against admission of evidence of prior criminal conviction of applicant or employee. There shall be a rebuttable presumption against admission of evidence of the prior criminal conviction of an applicant or employee in an action alleging that an employer has been negligent in hiring an applicant or retaining an employee, or in supervising the employer's agent, representative or designee with respect to hiring an applicant or retaining an employee, if the applicant or employee held a valid provisional pardon or certificate of rehabilitation at the time such alleged negligence occurred and a party establishes, by a preponderance of the evidence, that the employer knew that the applicant or employee held a valid provisional pardon or certificate of rehabilitation at the time such alleged negligence occurred. For the purposes of this section, “employer” has the same meaning as provided in section 46a-80a.”
(P.A. 14-27, S. 7; P.A. 21-32, S. 34.)
History: P.A. 21-32 redefined “employer”, effective January 1, 2023.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-180c. - Admissibility of evidence of sexual misconduct.

(a) As used in this section: (1) “Sexual misconduct” means any act that is prohibited by section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, and any act that constitutes sexual harassment, as defined in subdivision (8) of subsection (b) of section 46a-60; and (2) “victim” includes an alleged victim.
(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.
(P.A. 19-16, S. 12; P.A. 21-40, S. 50.)
History: P.A. 21-40 amended Subsec. (a) to redefine “sexual misconduct”.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-181. - Evidence of death or capture.

An official written report or record, or certified copy thereof, that a person is missing, missing in action, interned in a neutral country or beleaguered, besieged or captured by an enemy, or is dead, or is alive, made by any officer or employee of the United States authorized by any law of the United States to make the same, shall be received in any court, office or other place in this state as evidence that such person is missing, missing in action, interned in a neutral country or beleaguered, besieged or captured by an enemy, or is dead, or is alive, as the case may be.
(1955, S. 3160d.)
Cited. 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-184a. - Evidence obtained illegally by electronic device inadmissible.

No evidence obtained illegally by the use of any electronic device is admissible in any court of this state.
(1967, P.A. 871.)
See Sec. 53a-187 et seq re tampering with private communications and eavesdropping.
Cited. 211 C. 555.
Cited. 15 CA 529.
Cited. 39 CS 392.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-184b. - Failure to bill and advance payments inadmissible in malpractice cases.

(a) For the purposes of this section, “health care provider” means any person, corporation, facility or institution licensed by this state to provide health care or professional services, or an officer, employee or agent thereof acting in the course and scope of his employment.
(b) The failure of a health care provider to bill a patient for services rendered shall not be construed as an admission of liability and shall not be admissible in evidence as to liability in any trial for malpractice, error or omission against a health care provider in connection with the provision of health care or professional services.
(c) Any advance payment for medical bills by a health care provider or by the insurer of a health care provider shall not be construed as an admission of liability and shall not be admissible in evidence as to liability in any trial for malpractice, error or omission against a health care provider in connection with the provision of health care or professional services.
(P.A. 76-125, S. 1–3.)
Cited. 211 C. 555; 242 C. 1.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-184d. - Inadmissibility of apology made by health care provider to alleged victim of unanticipated outcome of medical care.

(a) For the purposes of this section:
(1) “Health care provider” means a provider, as defined in subsection (b) of section 20-7b, or an institution, as defined in section 19a-490, and includes a health care institution or facility operated by the state;
(2) “Relative” means a victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister or spouse's parents, and includes such relationships that are created as a result of adoption and any person who has a family-type relationship with a victim;
(3) “Representative” means a legal guardian, attorney, health care representative or any person recognized in law or custom as a patient's agent; and
(4) “Unanticipated outcome” means the outcome of a medical treatment or procedure that differs from an expected result.
(b) In any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion or a general sense of benevolence that are made by a health care provider or an employee of a health care provider to the alleged victim, a relative of the alleged victim or a representative of the alleged victim and that relate to the discomfort, pain, suffering, injury or death of the alleged victim as a result of the unanticipated outcome of medical care shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest.
(P.A. 05-275, S. 9; P.A. 06-40, S. 2; 06-195, S. 78.)
History: P.A. 05-275 effective July 13, 2005; P.A. 06-40 redefined “health care provider” in Subsec. (a)(1) to include a health care institution or facility operated by the state, effective May 8, 2006; P.A. 06-195 substituted “health care representative” for “health care agent” in Subsec. (a)(3).
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-184e. - Admissibility of amount of damages awarded to plaintiff in separate action against different health care provider.

(a) For the purposes of this section:
(1) “Licensed health care provider” means any health care institution licensed pursuant to the provisions of chapter 368v or any individual provider of health care licensed pursuant to the provisions of chapters 370 to 373, inclusive, or 375 to 383c, inclusive, or a pharmacist or other person licensed pursuant to chapter 400j;
(2) “Health care services” means acts of diagnosis, treatment, medical evaluation or advice or such other acts as may be permissible under the health care licensing statutes of this state.
(b) In any action to recover damages resulting from personal injury or wrongful death, whether in tort or contract, in which it is alleged that such injury or death resulted from the professional negligence of a licensed health care provider in the provision of health care services, such provider may introduce evidence of the amount of damages awarded to the plaintiff for such injury or death by the trier of fact in a separate action by such plaintiff against a different health care provider.
(P.A. 05-275, S. 8.)
History: P.A. 05-275 effective October 1, 2005, and applicable to actions accruing on or after that date.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-186 to 52-188. - Court may order bond. Member of community defending to give bond. Court may order bond by nonresident defendant in realty action.

Sections 52-186 to 52-188, inclusive, are repealed, effective October 1, 2015.
(1949 Rev., S. 7932, 7934, 7995; P.A. 82-160, S. 87–89; P.A. 91-158; P.A. 10-43, S. 16; P.A. 15-85, S. 27.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-189. - Surety company bond acceptable.

Any surety company chartered by this state or authorized to do business herein may be accepted as surety or recognizor upon any bond or recognizance required by law in any civil action or in any proceeding instituted under the statutes of this state. In any action where a bond or recognizance is by law required, the bond of the company, duly executed and conditioned for the performance of the obligations expressed in the bond or recognizance, may be accepted by the person having authority thereto, and shall be filed by him in the court to which the action or proceeding is returnable or pending.
(1949 Rev., S. 7935; P.A. 82-160, S. 90.)
History: P.A. 82-160 rephrased the section.
It seems that bonds of surety companies for costs were lawful before statute. 70 C. 558. Rule of construction favoring surety does not extend to surety company. 78 C. 702; 109 C. 266.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-190. - Action on probate bond. Endorsement of writ.

Section 52-190 is repealed, effective October 1, 2015.
(1949 Rev., S. 7933; P.A. 82-160, S. 91; P.A. 15-85, S. 27.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-190b. - Designation of negligence action against health care provider as complex litigation case.

Not later than six months after the filing of an action to recover damages resulting from personal injury or wrongful death, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, the court shall schedule a conference of the parties at which the court shall determine whether to recommend to the Chief Court Administrator, or the Chief Court Administrator's designee, that the action be designated as a complex litigation case and be transferred to the complex litigation docket. Nothing in this section shall be construed to preclude any party or a judge from, at any time, requesting the Chief Court Administrator, or the Chief Court Administrator's designee, to designate such action as a complex litigation case and transfer such action to the complex litigation docket.
(P.A. 05-275, S. 3.)
History: P.A. 05-275 effective July 13, 2005.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-191. - Precedence of actions in favor of the state.

All civil actions brought by or on behalf of the state, including informations on the relation of a private individual, shall have precedence over all other civil actions in respect to the order of trial, except actions upon probate bonds.
(1949 Rev., S. 7945; P.A. 82-160, S. 92.)
History: P.A. 82-160 rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-191a. - Precedence of certain actions involving zoning ordinances and regulations.

Any civil action wherein one of the issues is the interpretation of a zoning ordinance or regulation that is the basis of a pending criminal prosecution under section 8-12 shall be privileged in assignment for trial.
(February, 1965, P.A. 109, S. 2.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-191c. - Precedence of actions involving terminally ill persons.

(a) Any civil action to which a terminally ill person is a party shall be privileged in assignment for trial. For the purpose of this section, “terminally ill” means in the final stage of an incurable or irreversible medical condition which will result in death within a relatively short time, in the opinion of the attending physician.
(b) The judges of the Superior Court may, in accordance with the provisions of section 51-14, adopt rules for the precedence of actions pursuant to this section.
(P.A. 98-54.)