reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-225. - Judgment on verdict; assessment of damages when judgment rendered other than on verdict.

The court shall render judgment on all verdicts of the jury, according to their finding, with costs, unless the verdict is set aside; and in all cases where judgment is rendered otherwise than on a verdict, in favor of the plaintiff, the court shall assess the damages which he shall recover.
(1949 Rev., S. 7974.)
Assessment of damages in U.S. courts should follow practice of the state courts. 43 C. 599. Default admits the right of plaintiff to nominal damages only. 44 C. 501; 45 C. 58; 53 C. 193; Id., 474. Long before 1818, damages were assessed by the court upon a default or demurrer overruled. 53 C. 2. Applies to all cases where judgment is rendered otherwise than on a verdict. 57 C. 585. Cited. 63 C. 266. Assessment on alternative finding is erroneous. 71 C. 452; 72 C. 624. When motion for judgment non obstante veredicto lies; not for variance. 91 C. 249. Judgments non obstante veredicto reviewed. 131 C. 622. Unless verdict is set aside, interest runs from date of verdict. 145 C. 74. Rule as to setting aside of verdict as against the evidence, reviewed. 146 C. 658, 705; 147 C. 18, 109. If a jury's final decision is unintelligible and inconsistent, a motion to set aside the verdict should be granted; motion to reassemble the jury and, or in the alternative, to correct the verdict should be denied. Id., 72. While a memorandum of decision is not required on denial of a motion to set aside the verdict, but only the granting of it, it is sound practice, where the motion is not frivolous, to set forth in a memorandum the basic reasons why the motion is denied. Id., 566. Trial court correct in setting aside verdict and in granting motion for judgment notwithstanding verdict as plaintiff did not establish a breach of duty by defendant. Id., 708. Time within which motions in arrest of judgment must be filed. 148 C. 57. Setting aside verdict by trial judge for error in instructions to jury (here, failure to explain meaning of “rebuttable presumption”) should be exercised with great caution and only where judge is satisfied error is unmistakable and unquestionably harmful. 155 C. 220. Plaintiff filed motion to set aside verdict of jury for defendant; trial court, 22 months thereafter having neither decided motion nor entered judgment, ordered to forthwith grant or deny motion. 159 C. 605. Cited. 225 C. 420; 231 C. 77.
Verdict of jury should not be set aside lightly. 21 CS 28. Court refused to set aside verdict where evidence on issue of contributory negligence was close. Id., 282. Cited. 29 CA 484; 38 CA 685.
Cited. 3 Conn. Cir. Ct. 82. Where defendant did not move to set aside verdict, appeal court cannot decide whether jury erred in concluding defendant was guilty. 5 Conn. Cir. Ct. 334.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-225b. - “Collateral sources” defined.

For purposes of sections 52-225a to 52-225c, inclusive: “Collateral sources” means any payments made to the claimant, or on his behalf, by or pursuant to: (1) Any health or sickness insurance, automobile accident insurance that provides health benefits, and any other similar insurance benefits, except life insurance benefits available to the claimant, whether purchased by him or provided by others; or (2) any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the costs of hospital, medical, dental or other health care services. “Collateral sources” do not include amounts received by a claimant as a settlement.
(P.A. 85-574, S. 2; P.A. 86-338, S. 5; P.A. 87-227, S. 5.)
History: P.A. 86-338 included within definition of collateral sources any payments by any person as compensation for personal injury or wrongful death attributable to the incident giving rise to the cause of action and deleted the definition of health care provider to reflect the expansion of Sec. 52-225a to any civil action; P.A. 87-227 deleted provision added in 1986 including within definition of collateral sources any payments by any person as compensation for personal injury or wrongful death attributable to the incident giving rise to the cause of action and added provision that collateral sources do not include amounts received by a claimant as a settlement.
Cited. 203 C. 607; 214 C. 1; 218 C. 531; 225 C. 566; 231 C. 77; 235 C. 107. Trial court improperly applied provisions adopted in P.A. 87-227 instead of those adopted in P.A. 86-338. 247 C. 638. Social Security disability benefits are not a collateral source. 259 C. 325.
Cited. 31 CA 806; 38 CA 685; 46 CA 76.
Debts voluntarily forgiven by medical care provider and amounts paid by employer pursuant to wage continuation plan are not collateral sources. 49 CS 7.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-225c. - Recovery of collateral source benefits prohibited.

Unless otherwise provided by law, no insurer or any other person providing collateral source benefits as defined in section 52-225b shall be entitled to recover the amount of any such benefits from the defendant or any other person or entity as a result of any claim or action for damages for personal injury or wrongful death regardless of whether such claim or action is resolved by settlement or judgment. The provisions of this section shall apply to insurance contracts issued, reissued or renewed on or after October 1, 1986.
(P.A. 85-574, S. 3; P.A. 86-338, S. 6; P.A. 87-227, S. 6; P.A. 93-297, S. 24, 29.)
History: P.A. 86-338 limited collateral source benefits to those defined in “subdivision (2)” of Sec. 52-225b, deleted limitation that action for damages arise out of the rendition of professional services by a health care provider, and made section applicable to insurance contracts issued, reissued or renewed on or after October 1, 1986; P.A. 87-227 replaced “any other party providing collateral source benefits as defined in subdivision (2) of section 52-225b” with “any other person providing collateral source benefits as defined in section 52-225b”; P.A. 93-297 included any “claim” for damages and added provision barring recovery “regardless of whether such claim or action is resolved by settlement or judgment”, effective January 1, 1994, and applicable to acts or omissions occurring on or after said date.
Cited. 214 C. 1; 218 C. 531; 231 C. 77; 235 C. 107.
Cited. 46 CA 76. Subrogation provision of health insurance policy deemed unenforceable due to conflict with statutory prohibition against recovery by insurers of collateral source payments. 47 CA 365.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-225e. - Notice of settlement in excess of ten thousand dollars by insurer to claimant.

(a) Upon the payment in settlement of any third-party liability claim in excess of ten thousand dollars where the claimant is a natural person, the insurer shall mail to the claimant notice of such payment at the same time payment is made by the insurer.
(b) The notice required pursuant to subsection (a) of this section shall be mailed to the last-known address of such claimant as furnished by such claimant's attorney or representative at the time of settlement.
(c) Nothing in subsection (a) or (b) of this section shall (1) create any cause of action or proceeding for any person or entity against an insurer based upon a failure to provide notice as required by this section or defective notice, or (2) establish a defense for any party to any cause of action based upon a failure to provide notice as required by this section or defective notice.
(P.A. 97-267, S. 1.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-225h. - Transfer of structured settlement payment rights: Required disclosures to payee.

Not less than three days prior to the date on which the payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in boldface type at least fourteen points in size, setting forth:
(1) The amounts and due dates of the structured settlement payments to be transferred;
(2) The aggregate amount of such payments;
(3) The discounted present value of the payments to be transferred, which shall be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the applicable federal rate used in calculating such discounted present value;
(4) The gross advance amount;
(5) An itemized listing of all applicable transfer expenses, other than attorney's fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;
(6) The net advance amount;
(7) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and
(8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.
(P.A. 03-110, S. 2.)
See Sec. 52-225
l
re transfer agreements to which applicable.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-225i. - Transfer of structured settlement payment rights: Approval.

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by such court or responsible administrative authority that:
(1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;
(2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and
(3) The transfer does not contravene any applicable statute or the order of any court or other government authority.
(P.A. 03-110, S. 3.)
See Sec. 52-225
l
re transfer agreements to which applicable.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-225j. - Transfer of structured settlement payment rights: Effect.

Following a transfer of structured settlement payment rights under sections 52-225g to 52-225l, inclusive:
(1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(A) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer, and
(B) For any other liabilities or costs, including reasonable costs and attorney's fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with sections 52-225g to 52-225
l
, inclusive;
(3) Neither the structured settlement obligor nor the annuity issuer may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and
(4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of sections 52-225g to 52-225
l
, inclusive.
(P.A. 03-110, S. 4.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-225k. - Transfer of structured settlement payment rights: Procedure for approval.

(a) Except as provided in subsection (b) of this section, an application under sections 52-225g to 52-225l, inclusive, for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the superior court for the judicial district in which the payee resides or in which the structured settlement obligor or annuity issuer maintains its principal place of business or in the superior court or before the responsible administrative authority that approved the structured settlement agreement.
(b) An application for approval of the transfer of structured settlement payment rights by a conservator or guardian appointed by a Probate Court of this state shall be brought by the transferee in the Probate Court having jurisdiction over the conservator or guardian. Upon the filing of an application in a Probate Court under this section, the court shall give notice of the time and place of the hearing by first class mail to the interested parties and to the parties to the conservatorship or guardianship matter. The court shall hear and decide the matter in accordance with the provisions of sections 52-225g to 52-225
l
, inclusive.
(c)
Not less than twenty days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under section 52-225i, the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its approval, including with the notice:
(1) A copy of the transferee's application;
(2) A copy of the transfer agreement;
(3) A copy of the disclosure statement required under section 52-225h;
(4) A listing of each of the payee's dependents, together with each dependent's age;
(5) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and
(6) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which shall be not less than fifteen days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority.
(P.A. 03-110, S. 5; P.A. 17-136, S. 16.)
History: P.A. 17-136 amended Subsec. (a) by adding “Except as provided in subsection (b) of this section”, added new Subsec. (b) re application for approval of transfer of structured settlement payment rights brought by conservator or guardian appointed by Probate Court to be brought by transferee in Probate Court having jurisdiction over conservator or guardian, and redesignated existing Subsec. (b) as Subsec. (c), effective January 1, 2018.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-225l. - Transfer of structured settlement payment rights: General provisions.

(a) The provisions of sections 52-225g to 52-225l, inclusive, may not be waived by any payee.
(b) Any transfer agreement entered into on or after October 1, 2003, by a payee who resides in this state shall provide that disputes under such transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. No such transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.
(c) No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and agreed to maintain procedures reasonably satisfactory to the structured settlement obligor and the annuity issuer for:
(1) Periodically confirming the payee's survival; and
(2) Giving the structured settlement obligor and the annuity issuer prompt written notice in the event of the payee's death.
(d) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment or otherwise incur any liability to the proposed transferee or any assignee based on any failure of such transfer to satisfy the conditions of sections 52-225g to 52-225
l
, inclusive.
(e) Nothing contained in sections 52-225g to 52-225
l
, inclusive, shall be construed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to October 1, 2003, is valid or invalid.
(f) Compliance with the requirements set forth in section 52-225h and fulfillment of the conditions set forth in section 52-225i shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions.
(g) The provisions of sections 52-225g to 52-225
l
, inclusive, shall be applicable to transfer agreements executed on and after October 1, 2003.
(P.A. 03-110, S. 6.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-226. - Trial to the court. Special finding.

In any action for legal relief, when the parties join in an issue of fact and the action is tried to the court, the judge of the court may hear and try the issue without a jury, award damages and costs, and grant execution, in the same manner and on the same principles as in a trial by jury. In any trial to a court, except a trial at a small claims session, the court shall find, upon written motion of either party made within fourteen days after the entry of judgment, the facts upon which its judgment is founded, and make the finding a part of the record.
(1949 Rev., S. 7975; 1959, P.A. 28, S. 176; 1963, P.A. 8; P.A. 82-160, S. 112.)
History: 1959 act deleted reference to trial before justice of the peace; 1963 act required motion re finding of facts be written and made within 14 days after judgment and excepted trial at small claims session from same provision; P.A. 82-160 rephrased the section.
Judgment must answer the issue. 5 D. 47. Issue closed to the county court may be tried to jury, on appeal to Superior Court. 4 D. 448. A proceeding by mandamus falls within the provision de finding. 41 C. 137. Finding presumptively contains all the facts. 51 C. 399. Facts must be found at time of judgment, or at least during that term. 72 C. 611. Motion to find facts naturally follows judgment. 73 C. 685. Should be liberally construed in aid of the jurisdiction of the Appellate Court. Id., 686. Should include only facts necessary to judgment. 88 C. 123. Relation between special finding and finding for appeal. 72 C. 612; 73 C. 681; 87 C. 41; Id., 608. Memo of decision not a special finding. 80 C. 434; 88 C. 142. Procedure when court refuses to make special finding; effect of such refusal. 103 C. 45. Cited. 69 C. 409; 112 C. 441; 125 C. 622. If a party desires a special finding upon any particular issue, he should make a motion to trial court. 120 C. 247. By request for special finding, may cause trial court to place on record amount of damages it finds each plaintiff entitled to recover. 125 C. 737. Special finding cannot be claimed in connection with interlocutory ruling. 128 C. 295. Although judgment did not comply with statutory directions of Sec. 47-31, plaintiff's motion for special finding afforded a statement of material facts on which judgment was based and became a part of record; hence appeal was entertained. 156 C. 12. Petition for new trial on ground, inter alia, that late notification of judgment prevented motion for findings; demurrer to petition sustained. 164 C. 212. Cited. 185 C. 495; 186 C. 237.
Cited. 4 CA 46; 18 CA 559; 22 CA 265.
Applies to actions for legal relief only. 13 CS 44.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-226a. - Special finding that action or defense without merit and not in good faith.

In any civil action tried to a jury, after the return of a verdict and before judgment has been rendered thereon, or in any civil action tried to the court, not more than fourteen days after judgment has been rendered, the prevailing party may file a written motion requesting the court to make a special finding to be incorporated in the judgment or made a part of the record, as the case may be, that the action or a defense to the action was without merit and not brought or asserted in good faith. Any such finding by the court shall be admissible in any subsequent action brought pursuant to section 52-568.
(P.A. 86-338, S. 8; P.A. 87-526, S. 2, 5; P.A. 00-196, S. 60.)
History: P.A. 87-526 added “subsection (a) of”; P.A. 00-196 deleted reference to “subsection (a) of” Sec. 52-568.
Cited. 214 C. 1.
Cited. 44 CA 641.
Cited. 41 CS 169.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-227. - Judgment for or against some of the parties only.

In any civil action in which a cause of action is sustained in favor of or against only a part of the parties thereto, judgment may be rendered in favor of or against such parties only; but any defendant against whom no recovery is obtained shall be entitled to costs.
(1949 Rev., S. 7976.)
See Sec. 52-257 re fees of parties in civil actions.
Section includes suits against partners. 25 C. 394. The ground of failure is immaterial. 28 C. 362. Withdrawal of action against one defendant. 31 C. 217. Cited. 43 C. 82; 44 C. 311. Only one bill of costs can be allowed to several defendants. 45 C. 102. Cited. 47 C. 210. Applies to defendants described as partners. 61 C. 48. Applies to joint tortfeasors. 67 C. 255; 73 C. 428; 79 C. 417; 83 C. 27. Statute is permissive. 68 C. 496. Cited. Id., 511. If two defendants join in same defense, they stand or fall together. 75 C. 356. Applied. 99 C. 644. Right to give judgment for or against some only of parties does not affect rules as to removal of causes to U.S. courts. 114 U.S. 59. Cited. 166 C. 325.
Cited. 4 CS 167; 8 CS 30. Limits the taxation in Sec. 52-257 to one bill of costs though there may be more than one prevailing party. Id., 324. Cited. 18 CS 106. Judgment allowable against one party in joint promise action. 30 CS 593.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-228. - Judgment too large; remittitur; correction.

If any judgment is rendered, by mistake or clerical error, for a larger sum than is due, the party recovering the judgment may have the amount of the judgment decreased by remittitur to the amount which is due, provided reasonable notice has been given to the adverse party or his attorney. The court may thereupon order the record of the judgment to be corrected, and affirm the judgment for the amount to which it has been decreased.
(1949 Rev., S. 7961; P.A. 78-280, S. 104, 127; P.A. 82-160, S. 113.)
History: P.A. 78-280 rephrased section and deleted reference to remittance of excess sum rendered in judgment by mistake or clerical error “at the same or any subsequent term or session of the court in which it was rendered”, reflecting fact that court now sits continuously; P.A. 82-160 rephrased the section.
Otherwise before statute. 4 C. 311. Applies where judgment exceeds damages claimed. 75 C. 255; Id., 263; 82 C. 619. Court may order; 69 C. 652; 71 C. 23; 78 C. 296; 81 C. 101; so Supreme Court may direct new trial unless part of damages remitted; 83 C. 278; 85 C. 24; Id., 611; 86 C. 319; 87 C. 686; so trial court may direct verdict to be set aside on same condition; 82 C. 171; and when court takes that course, party cannot take advantage of it after appeal. 89 C. 712. Where damages assessed as of wrong date, Supreme Court remanded case, with directions to set verdict aside unless remittitur filed. 93 C. 123. Court may in its discretion either order excessive verdict set aside unless remittitur filed or set it aside unconditionally. 126 C. 571. Action of trial court in ordering remittiturs will not be reversed unless the broad legal discretion vested in the trial court was abused. 147 C. 719. An obviously erroneous judgment can be corrected to conform to the finding of the trial court. 148 C. 504. Excessive judgment must be assigned as error on appeal. 154 C. 179. Cited. 230 C. 795.
Cited. 26 CA 231; 32 CA 617; judgment reversed, see 230 C. 795.
When court will set aside a verdict as excessive. 21 CS 233.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-228a. - Appeal from order of remittitur or additur.

In any jury case where the court orders a decrease in the amount of the judgment or an increase in the amount of the judgment, the party aggrieved by the order of remittitur or additur may appeal as in any civil action. The appeal shall be on the issue of damages only, and judgment shall enter upon the verdict of liability and damages after the issue of damages is decided.
(February, 1965, P.A. 605; 1972, P.A. 108, S. 10; P.A. 82-160, S. 114.)
History: 1972 act applied provisions to cases where court orders an additur; P.A. 82-160 replaced “remittitur or additur” with “decrease in the amount of the judgment or an increase in the amount of the judgment”.
Cited. 208 C. 82. Legislature provided explicit right to appeal under section not as replacement for Sec. 52-228b right to reject the additur, but as alternative recourse for plaintiff; this section and Sec. 52-228b are not inconsistent with one another. 246 C. 170.
Cited. 2 CA 174; 35 CA 850. A party, having accepted an additur, lacks standing to appeal from the order granting that additur. 72 CA 327. When court rendered judgment in favor of plaintiff on same day she accepted additur, it essentially denied defendant opportunity to respond to additur by the deadline it previously had ordered; that denial contravenes provisions contained in Sec. 52-228b which allow parties a reasonable time in which to accept the additur; because court rendered judgment before allowing defendant either to accept or reject the additur, court acted improperly. 93 CA 309.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-228c. - Remittitur when noneconomic damages in negligence action against health care provider determined to be excessive.

Whenever in a civil 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 jury renders a verdict specifying noneconomic damages, as defined in section 52-572h, in an amount exceeding one million dollars, the court shall review the evidence presented to the jury to determine if the amount of noneconomic damages specified in the verdict is excessive as a matter of law in that it so shocks the sense of justice as to compel the conclusion that the jury was influenced by partiality, prejudice, mistake or corruption. If the court so concludes, it shall order a remittitur and, upon failure of the party so ordered to remit the amount ordered by the court, it shall set aside the verdict and order a new trial. For the purposes of this section, “health care provider” means a provider, as defined in subsection (b) of section 20-7b, or an institution, as defined in section 19a-490.
(P.A. 05-275, S. 10.)
History: P.A. 05-275 effective July 13, 2005.
If the legislature, presumably aware of the Connecticut Supreme Court's remittitur jurisprudence, had wanted to ensure that remittitur decisions made pursuant to this section would be reviewed de novo, it could have expressly so required. 331 C. 777.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-229 and 52-230. - Continuance of cases on docket of Superior Court or Court of Common Pleas. Discontinuance of cases in Circuit Court.

Sections 52-229 and 52-230 are repealed.
(1953, S. 3184d; 1955, S. 3185d; 1959, P.A. 28, S. 116; February, 1965, P.A. 81, S. 2; P.A. 74-183, S. 280, 291; P.A. 76-436, S. 133, 681; P.A. 78-280, S. 126, 127; 78-331, S. 54, 58; 78-379, S. 26, 27.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-231. - Facts on which judgments found to appear on record.

Each court shall keep a record of its proceedings and cause the facts on which it found its final judgments and decrees to appear on the record; and any such finding if requested by any party shall specially set forth such facts.
(1949 Rev., S. 7979.)
The facts found must justify the decree. 1 R. 207; 23 C. 83; Id., 536. Inferences of law from the facts found need not be expressly set forth. 29 C. 589. Judgment rendered without complying with statute is erroneous; decree not erroneous by insertion of immaterial facts. 47 C. 581. Cited. 60 C. 15; 69 C. 409; Id., 575. When statute does not preclude extrinsic evidence to explain judgment. 66 C. 248. Statute to be followed although no appeal is taken. 70 C. 504. Facts found form the basis of the judgment rendered. 72 C. 624. When finding must be made. Id., 613. Request for finding should ordinarily precede the judgment; should be liberally construed in aid of the jurisdiction of the Appellate Court. 73 C. 685. Purpose of statute; contents of judgment file in general. 83 C. 109. If all issues found for one party, judgment so stating good; otherwise facts must be found. 87 C. 617; 88 C. 118. Finding of “issue” construed to include all issues. 66 C. 249; 67 C. 74; 91 C. 378. If all issues not found for one party, judge should sign judgment file. 73 C. 360. Judgment file, not memorandum of decision or finding for appeal, shows issues decided. 72 C. 624; 73 C. 590; 76 C. 457; 78 C. 430; 80 C. 433; 87 C. 41. If facts not found, judgment file is defective. 74 C. 121; 109 C. 50. Should include only facts necessary to judgment; 75 C. 354; 88 C. 123; not those intended for appeal. 87 C. 31; Id., 617. Memorandum of decision as judgment. 76 C. 115; 82 C. 377; Id., 386; 89 C. 413. Finding as related to writ of error. 88 C. 143. If judgment for defendant is based on issues of answer, his counterclaim need not be mentioned. 73 C. 530. Issues not contained in recited allegations of judgment file are found not proven. 105 C. 510. Statute must be complied with in every case. 109 C. 51. Memorandum of decision is not judgment but merely a direction to enter judgment. Id., 50. Court has no power to make special finding after end of term in which judgment rendered. 112 C. 441. Improper to have special finding take place of finding made for purpose of appeal. 125 C. 622. Special finding cannot be claimed in connection with interlocutory ruling. 128 C. 295. Cited. 140 C. 457. Facts upon which a final judgment is predicated must appear in the judgment file. 141 C. 325. A judgment should not incorporate an exhibit since without a special order an exhibit does not remain part of the file. 147 C. 82. Court refused to make a particular finding since request not made until a week after judgment; not reviewed on appeal since party not harmed by the refusal. Id., 656. Cited. 164 C. 554; 180 C. 345; 212 C. 678.
Cited. 12 CS 192; 13 CS 44; 33 CS 549.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-231a. - Filing of affidavit re other custody proceedings; visitation rights.

Before any court enters any decree in a matter pending before it involving the custody of a minor child or children, an affidavit shall be filed with said court averring that there is no proceeding pending in any other court affecting the custody of such children or any of them or, if there is such a proceeding, a statement in detail of the nature of the proceeding and averring that the decree of the court would not conflict with or interfere with such other proceeding. For the purposes of this affidavit, visitation rights granted by the Superior Court shall not be considered as affecting the custody of such child or children.
(P.A. 73-156, S. 22; P.A. 74-164, S. 14, 20; P.A. 75-164, S. 2, 3; P.A. 76-436, S. 134, 681.)
History: P.A. 74-164 substituted “any court” for “the superior court, court of common pleas, juvenile court or a court of probate” and deleted provision specifying that “complaining party” must file required affidavit; P.A. 75-164 specified that visitation rights granted by court do not affect custody of children; P.A. 76-436 amended provision added by P.A. 75-164 to specify applicability to visitation rights granted by superior court rather than to those rights granted by “any” court, reflecting transfer of all trial jurisdiction to that court, effective July 1, 1978.
Cited. 212 C. 63.
Cited. 41 CS 258.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-231b. - Entry of order or judgment or approval of settlement that prohibits or restricts disclosure of sexual abuse of minor prohibited.

In any action to recover damages for personal injury to a minor, including emotional distress, caused by sexual abuse, sexual exploitation or sexual assault, no court shall enter an order or judgment in such action, or approve a settlement of such action, that prohibits or restricts any person from disclosing information concerning such abuse, exploitation or assault to the Commissioner of Children and Families or a law enforcement agency.
(P.A. 02-138, S. 19.)
History: P.A. 02-138 effective May 23, 2002.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-233. - Certification of statutory appeals taken to a judge.

Whenever any statutory appeal from the doings of any administrative or quasi-judicial board or person is taken to a judge of the Superior Court, such judge shall certify his doings thereon to the clerk of his court and such clerk shall thereupon enter such appeal upon the docket of such court in the same manner as in other civil actions.
(1949 Rev., S. 7965; P.A. 76-436, S. 471, 681.)
History: P.A. 76-436 removed appeals taken to court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978.
See Sec. 4-183 re appeals to Superior Court from administrative proceedings.
See Sec. 51-197b re administrative appeals.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-235a. - Declaratory judgment to determine orders of priorities.

In any action in which order of priorities could be determined under scire facias proceedings, such orders of priorities may be determined by declaratory judgment proceedings.
(1959, P.A. 118, S. 1.)
Cited. 186 C. 329; 205 C. 604.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-235b. - Proceedings stayed if attorney unable to appear.

If, prior to judgment, an attorney for any reason ceases to be a member of the bar or becomes physically or mentally incapacitated or otherwise disabled so as to prevent him from appearing in court in an action in which he has appeared for a client, further proceedings shall not be taken in the action against the client, without leave of the court, until thirty days after notice to appear in person or by another attorney has been served upon the client either personally or in such manner as the court directs.
(1969, P.A. 797; P.A. 82-160, S. 117.)
History: P.A. 82-160 rephrased the section.
Phrase “otherwise disabled” applies to an attorney who, in respects or circumstances other than physical or mental incapacity, is rendered incapable of appearing in court, therefore, defendant's counsel who was in the process of being disbarred and required to attend his own suspension hearing on same day as the hearing on plaintiff's motion was “otherwise disabled”. 52 CA 69.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-235c. - Referral to alternative dispute resolution program. Stay of proceedings in court.

The court may, upon stipulation of the parties, refer a civil action to an alternative dispute resolution program agreed to by the parties. The court shall not in any way impact or influence the alternative dispute resolution program selected by the parties. The court shall set a time limit on the duration of the referral, which shall not exceed ninety days. Such referral shall stay the time periods within which all further pleadings, motions, requests, discovery and other procedures must be filed or undertaken until such time as the alternative dispute resolution process is completed or the time period set by the court has elapsed, whichever occurs sooner.
(P.A. 93-108, S. 5, 6.)
History: P.A. 93-108 effective June 3, 1993.
Cited. 226 C. 475.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-235d. - Mediation. Disclosure.

(a) As used in this section, “mediation” means a process, or any part of a process, which is not court-ordered, in which a person not affiliated with either party to a lawsuit facilitates communication between such parties and, without deciding the legal issues in dispute or imposing a resolution to the legal issues, which assists the parties in understanding and resolving the legal dispute of the parties.
(b) Except as provided in this section, by agreement of the parties or in furtherance of settlement discussions, a person not affiliated with either party to a lawsuit, an attorney for one of the parties or any other participant in a mediation shall not voluntarily disclose or, through discovery or compulsory process, be required to disclose any oral or written communication received or obtained during the course of a mediation, unless (1) each of the parties agrees in writing to such disclosure, (2) the disclosure is necessary to enforce a written agreement that came out of the mediation, (3) the disclosure is required by statute or regulation, or by any court, after notice to all parties to the mediation, or (4) the disclosure is required as a result of circumstances in which a court finds that the interest of justice outweighs the need for confidentiality, consistent with the principles of law.
(c) Any disclosure made in violation of any provision of this section shall not be admissible in any proceeding.
(d) Nothing in this section shall prevent (1) the discovery or admissibility of any evidence that is otherwise discoverable merely because such evidence was presented during the course of the mediation, or (2) the disclosure of information for research or educational purposes done in cooperation with dispute resolution programs provided the parties and specific issues in controversy are not identifiable.
(P.A. 98-59, S. 1.)
Denial of motion for judgment and denial of motion for order pursuant to Subsec. (b) were not appealable final judgments; plaintiffs did not have a colorable constitutional or statutory right, independent of the exercise of discretion of trial court, which would be irretrievably lost and irreparably harmed without immediate appellate review. 82 CA 148.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-235e. - Stay of proceedings in action against crime victim during pendency of criminal proceeding.

Any civil action brought against a crime victim, as defined in section 1-1k, by a defendant in a criminal proceeding on account of the exercise or intended exercise by such crime victim of any right guaranteed under the first amendment to the United States Constitution, section 3, 4 or 14 of article first of the Constitution of the state or subsection b. of article twenty-ninth of the amendments to the Constitution of the state or any right provided to such crime victim by any provision of the general statutes, shall, upon motion of such crime victim, be stayed during the pendency of such criminal proceeding.
(P.A. 01-211, S. 15.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-235f. - Referral to arbitration of civil action involving claim for bodily injury arising out of motor vehicle accident.

In any civil action where the party who brought the action is asserting a claim for bodily injury arising out of a motor vehicle accident, the court, at the request of all parties to the civil action, may refer the matter to an arbitrator chosen by the parties or their attorneys. The arbitration shall include parameters limiting the damage award that an injured party may receive. The finding of the arbitrator shall be binding upon the parties to the civil action exclusively for the purposes of such civil action. The damage award, if any, of the arbitrator shall not be used by or against any party to the arbitration in any subsequent civil action or proceeding.
(P.A. 14-156, S. 1.)
History: P.A. 14-156 effective July 1, 2014, and applicable to any civil action pending on or filed on or after that date.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-236. - Actions on contract; evidence of damages since suit.

In any action founded on contract, for the recovery of damages, the plaintiff may offer evidence of any damages that may have accrued from the same cause of action subsequent to the bringing of the action, provided he shall have given reasonable notice to the defendant of the damages which he intends to prove, and may recover judgment for the full amount of damages he may prove that he has sustained. The plaintiff, upon giving such notice, may, by leave of the court, increase the statement of amount in demand in the writ subject to the provisions of sections 52-91 and 52-259.
(1949 Rev., S. 7982; P.A. 82-160, S. 219.)
History: P.A. 82-160 rephrased the section and deleted a provision which prohibited the plaintiff from increasing his demand by an amount which would carry it beyond the jurisdiction of the court and replaced it with a provision making an increase in the amount in demand “subject to the provisions of section 52-91 and section 52-259”.
Applies to damage set up under a counterclaim. 64 C. 563. Has no application to a cause of action nonexistent when the suit was begun. 71 C. 425. Applied to action for breach of covenant in deed by lease not expiring until after action brought. 87 C. 169. Cited. 225 C. 804.
Cited. 7 CS 247. Action for damages for breach of lease not within scope of a “debt or liquidated demand in money”; authorities reviewed. 17 CS 35. Cited. 37 CS 840.
Cited. 4 Conn. Cir. Ct. 284.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-238. - Damages in actions on penal bonds.

(a) In any action on a penal bond, containing any condition which has been broken, such damages only shall be assessed as are equitably due, and judgment shall not be rendered for the whole penalty, unless it appears to be due.
(b) If, upon a bond with conditions the breach of which may happen at different times, an action is brought upon the first breach, the court, upon finding a forfeiture of the bond, shall render judgment for what is due in equity at the time, with costs, and award execution. Upon any further or other breach of condition, the obligee, his executors or administrators may take out a scire facias against the obligor, his executors or administrators, from the clerk of the court in which the judgment was given, to show cause why execution should not be awarded for the money then due, or damages then sustained. The court shall thereupon render judgment for what appears to be due in equity and grant execution thereon, and may so render judgment and grant execution, from time to time, until the condition is fully performed. The whole amount of the judgments shall not exceed the penalty of the bond with interest.
(1949 Rev., S. 7984; P.A. 82-160, S. 222.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
A tender of the amount justly due on a bond, though less than its face, is good. 2 C. 662. No judgment can be rendered on any bond for more than the penalty, with interest. 4 D. 36. Interest on probate bond may run from time of demand. 38 C. 324. Statute does not apply to actions of replevin. 48 C. 140. A technical breach of bond resulting in no damage is not ground for a new trial. 60 C. 482. Cited. 71 C. 452. Right to chancer a bond exists only where liability is admitted. 72 C. 607. Applies to recognizance or bond made to release attachment. 74 C. 175. Scope of equities considered. Id., 338; 77 C. 70. Applies to obligations of surety. 78 C. 698. When recovery not limited to penalty. 81 C. 252. Same doctrine applied to penalty stated in injunction. 83 C. 427. Does not apply to criminal bond. Id., 686. Legal interest as measure of damages where impossible to ascertain profits made by improper use of trust funds. 120 C. 337. To be available in defense to suit on probate bond, credits for payments to creditors and legatees must have been authenticated by Probate Court through settlement of executor's account. 124 C. 111. Cited. 128 C. 322. Damages “equitably due” means “justly due”. 148 C. 569. Cited. 177 C. 527.
Cited. 19 CS 130. Recovery limited to amount of bond, with possible addition of interest. Id., 457.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-239. - When broadcasting stations, networks, CATV systems liable for defamation.

The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, licensee or operator of such a station or network of stations, or the owner, licensee or operator of a community antenna television system, or the agents or employees of any such owner of a community antenna television system, shall not be liable for any damages for any defamatory statement uttered over the facilities of the station, network or community antenna television system by or on behalf of a candidate for public office or by any other person. This section shall not apply to any such owner, licensee, operator, agent or employee who wilfully, knowingly and with intent to defame participates in the broadcast of a defamatory statement.
(1955, S. 3191d; P.A. 75-120; P.A. 82-160, S. 220.)
History: P.A. 75-120 applied provisions to owners, licensees or operators of community antenna television systems and to their agents or employees; P.A. 82-160 rephrased the section.