reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-135. - Amendment of pleadings after default or demurrer overruled; costs.

The plaintiff, in any cause of action for unliquidated damages in which a default has been entered, or in which a judgment has been rendered upon a demurrer to the complaint overruled, may, at any time before final judgment, amend his complaint on the payment of costs, at the discretion of the court; but, after any such amendment, the defendant shall have a reasonable time to file an answer to the same.
(1949 Rev., S. 7856.)
Cited. 69 C. 554. Default admits allegations of original complaint, not those of subsequent substitute. 86 C. 308. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-136. - Amendment from contract to tort and vice versa.

The complaint in an action brought for breach of contract may be amended so as to set forth instead a cause of action founded on a tort, arising from the same transaction or subject of action; and any complaint founded on a tort may be amended so as to set forth instead a cause of action for a breach of contract arising out of the same transaction or subject of action.
(1949 Rev., S. 7857.)
See Sec. 52-244 re circumstances under which plaintiff may not recover costs.
“A cause of action arising from the same transaction” is identical in substance with the term “ground of action”. 56 C. 594. Cited. 60 C. 500. Refers not to a new count, but such an amended statement as makes it a statement of a new cause sounding differently. 63 C. 372. Cited. 66 C. 500. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-137. - Amendment changing the relief sought.

If, on the trial upon an issue of fact or of law of an action in which equitable relief is demanded, it appears that the plaintiff is not entitled to equitable relief, but may be entitled to legal relief, the court may allow the complaint to be amended so as to present a proper case for legal relief. In like manner a complaint demanding legal relief may be amended to entitle the plaintiff to equitable relief.
(1949 Rev., S. 7858; P.A. 82-160, S. 55.)
History: P.A. 82-160 rephrased the section.
Cited. 60 C. 400; 99 C. 216. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170. Cited. 163 C. 7.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-138. - Amendment calling for legal relief; jury trial.

If any complaint is so amended as to call for legal instead of equitable relief, the court shall not proceed to judgment until the defendant has had a reasonable opportunity to put the issue or issues, on which the new claim for relief may be based, on the jury docket.
(1949 Rev., S. 7859.)
Amendment merely changing date does not give further time in which to claim jury trial. 76 C. 680; 95 C. 576. Court may in its discretion allow the filing of amendments to pleadings before, during and after trial. 135 C. 170.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-140. - Set-off by defendant in suit by assignee.

In any action brought in his own name by the assignee of a chose in action not negotiable, the defendant, or any of the defendants, may set off, in the manner and to the extent provided in section 52-139, any mutual debt between him and the plaintiff or any of the plaintiffs, or between him and the assignors of such chose in action, or any of them.
(1949 Rev., S. 7861.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-141. - Set-off in action for trespass or tort.

(a) In a civil action for trespass to real or personal property or for a tort, unaccompanied by force, resulting in consequential injury, a defendant may set off against any judgment rendered against him any debt which he holds, jointly or severally, against the plaintiff, subject to the conditions contained in subsections (b) and (c) of this section.
(b) (1) This section shall not apply to a civil action for damages for taking property exempt from execution.
(2) No debt which was acquired by a defendant by purchase or assignment after the accruing of the cause of action upon which the judgment is rendered may be allowed as a set-off under this section.
(3) An assignment of the judgment by the plaintiff shall not affect the right of set-off and any such assignment shall be taken subject to the right of set-off.
(4) Any such set-off shall be claimed by filing a complaint in the court in which the judgment has been rendered within twenty-four hours after final judgment.
(5) No set-off may be allowed in cases where the defendant had the right of set-off on the trial of the case.
(c) (1) The court shall make any proper set-off immediately if the debt claimed is admitted by the plaintiff or evidenced by judgment.
(2) If a claimed set-off is not admitted or evidenced by judgment and is denied by the plaintiff, it shall not be allowed unless the defendant has instituted a suit therefor prior to the rendition of judgment in the original action. If any such suit is pending at the time of rendition of judgment for the plaintiff in the original action, the court rendering judgment shall stay execution thereon until the final termination of the suit. Upon termination of the suit, the court shall allow the set-off in the original action in accordance with the amount adjudged to be due on the set-off claim in the suit.
(1949 Rev., S. 7863, 7864; P.A. 82-160, S. 57.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
No set-off can be allowed in trespass for levying on exempt property, though part of it was not exempt. 33 C. 236. Construction of clause de “taking” property exempt from execution. 45 C. 567. Set-off in tort actions generally. 66 C. 500; 82 C. 362. Unless procedure followed, right is waived; but equitable principles governing in receiverships may require set-off to be allowed. 78 C. 443; Id., 450. Cited. 221 C. 912; 225 C. 146; 233 C. 460.
Cited. 26 CA 322.
Cited. 5 CS 146.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 898 - Pleading › Section 52-142. - Joint debtors; discharge; set-off.

A discharge to one of several joint debtors, purporting to discharge him only, shall not affect the claim of the creditor against the other joint debtors. The other joint debtors may be sued for the debt and may set off any demand which could have been set off had the action been brought against all the original joint debtors.
(1949 Rev., S. 7865; P.A. 82-160, S. 58.)
History: P.A. 82-160 rephrased the section.
Effect of statute. 39 C. 575. Declaration against one joint debtor sufficient. 48 C. 43. Cited. 89 C. 84.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-144. - Form of subpoena.

The form of a subpoena may be as follows:
To A. B. and C. D. of ....:
By authority of the state of Connecticut, you are hereby commanded to appear before the .... court, to be held at .... on the .... day of .... or to such day thereafter and within sixty days hereof on which the action is legally to be tried, to testify what you know in a certain civil action pending in the court, between E. F. of H., plaintiff, and G. A. of M., defendant.
Hereof fail not, under penalty of the law.
To any proper officer or indifferent person to serve and return.
Dated at H., etc.
J. K., (title of officer authorized to sign subpoena).
(1949 Rev., S. 7867; 1955, S. 3151d; P.A. 79-6; P.A. 82-160, S. 60.)
History: P.A. 79-6 required appearance within 60 rather than 30 days after subpoena; P.A. 82-160 rephrased the section.
Cited. 12 CA 364.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146. - Wife as a witness against her husband.

A wife may be compelled to testify in any action brought against her husband for necessaries furnished her while living apart from him.
(1949 Rev., S. 7869.)
Cited. 190 C. 813; 211 C. 555.
Statute applies only when agreement does not specify time within which award must be rendered. 80 CA 1.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146b. - Privileged communications made to clergymen.

A clergyman, priest, minister, rabbi or practitioner of any religious denomination accredited by the religious body to which he belongs who is settled in the work of the ministry shall not disclose confidential communications made to him in his professional capacity in any civil or criminal case or proceedings preliminary thereto, or in any legislative or administrative proceeding, unless the person making the confidential communication waives such privilege herein provided.
(1967, P.A. 826.)
“Priest-penitent” privilege found waived where defendant testified as to what he told priest and conversation did not relate to religious or spiritual advice, aid or comfort. 171 C. 586. Cited. 211 C. 555. Clergy-penitent privilege did not exist at common law and is a creature of statute; to establish privilege, defendant must demonstrate that there was a communication, the communication was confidential, it was made to a member of the clergy within the meaning of section, communication was made to clergy member in his or her professional capacity, the disclosure was sought as part of a criminal or civil case, and defendant did not waive the privilege; in this case, defendant lacked a reasonable expectation that his inculpatory statements would be held in confidence. 300 C. 590.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146g. - Access to communications and records by persons engaged in research.

(a) A person engaged in research may have access to psychiatric communications and records which identify patients where needed for such research, if such person's research plan is first submitted to and approved by the director of the mental health facility or his designee.
(b) The communications and records shall not be removed from the mental health facility which prepared them. Coded data or data which does not identify a patient may be removed from a mental health facility, provided the key to the code shall remain on the premises of the facility.
(c) The mental health facility and the person doing the research shall be responsible for the preservation of the anonymity of the patients and shall not disseminate data which identifies a patient except as provided by sections 52-146d to 52-146j, inclusive.
(1969, P.A. 819, S. 5; P.A. 82-160, S. 67.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Cited. 169 C. 223. Psychiatrist-patient privilege not waived and testimony of psychiatrist hired by state, but not as a result of court order, held inadmissible. 178 C. 626. Cited. 191 C. 453; 211 C. 555; 236 C. 625; 238 C. 313.
Cited. 1 CA 384; 14 CA 552; 19 CA 304; 24 CA 287.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146h. - Transfer of information to Commissioner of Mental Health and Addiction Services. Storage of records and communications.

(a) Any facility or individual under contract with the Department of Mental Health and Addiction Services to provide behavioral health services shall transmit information and records, if requested, to the Commissioner of Mental Health and Addiction Services pursuant to his obligation under section 17a-451 to maintain the overall responsibility for the care and treatment of persons with psychiatric disorders or substance use disorders. The Commissioner of Mental Health and Addiction Services may collect and use the information and records for administration, planning or research, subject to the provisions of section 52-146g. The Commissioner of Mental Health and Addiction Services may enter into contracts within the state and into interstate compacts for the efficient storage and retrieval of the information and records.
(b) Identifiable data shall be removed from all information and records before issuance from the individual or facility which prepared them, and a code, the key to which shall remain in possession of the issuing facility and be otherwise available only to the Commissioner of Mental Health and Addiction Services for purposes of planning, administration or research, shall be the exclusive means of identifying patients. The key to the code shall not be available to any data banks in which the information is stored or to any other persons, corporations or agencies, private or governmental.
(1969, P.A. 819, S. 6; P.A. 82-160, S. 68; P.A. 95-257, S. 11, 13, 58; June 18 Sp. Sess. P.A. 97-8, S. 31, 88.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 95-257 replaced Commissioner, Department and Board of Mental Health with Commissioner, Department and Board of Mental Health and Addiction Services, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 amended Subsec. (a) to apply section to individuals under contract with the department to provide behavioral health services, to delete provision re approval of Board of Mental Health and Addiction Services and to replace reference to the mentally ill with reference to persons with psychiatric or substance abuse disorders and amended Subsec. (b) to change “mental health facility” to “individual or facility”, effective July 1, 1997.
Cited. 169 C. 223. Psychiatrist-patient privilege not waived and the testimony of psychiatrist hired by state, but not as a result of court order, held inadmissible. 178 C. 626. Cited. 191 C. 453; 211 C. 555; 236 C. 625; 238 C. 313.
Cited. 1 CA 384; 14 CA 552; 19 CA 304; 24 CA 287.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146i. - Labeling of confidential records.

All written communications or records disclosed to another person or agency shall bear the following statement: “The confidentiality of this record is required under chapter 899 of the Connecticut general statutes. This material shall not be transmitted to anyone without written consent or other authorization as provided in the aforementioned statutes.” A copy of the consent form specifying to whom and for what specific use the communication or record is transmitted or a statement setting forth any other statutory authorization for transmittal and the limitations imposed thereon shall accompany such communication or record. In cases where the disclosure is made orally, the person disclosing the information shall inform the recipient that such information is governed by the provisions of sections 52-146d to 52-146j, inclusive.
(1969, P.A. 819, S. 7.)
Cited. 169 C. 223. Psychiatrist-patient privilege not waived and testimony of psychiatrist hired by state, but not as a result of court order, held inadmissible. 178 C. 626. Cited. 191 C. 453; 211 C. 555; 236 C. 625; 238 C. 313.
Cited. 1 CA 384; 14 CA 552; 19 CA 304; 24 CA 287.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146j. - Judicial relief.

(a) Any person aggrieved by a violation of sections 52-146d to 52-146j, inclusive, may petition the superior court for the judicial district in which he resides, or, in the case of a nonresident of the state, the superior court for the judicial district of Hartford, for appropriate relief, including temporary and permanent injunctions, and the petition shall be privileged with respect to assignment for trial.
(b) Any person aggrieved by a violation of sections 52-146d to 52-146j, inclusive, may prove a cause of action for civil damages.
(1969, P.A. 819, S. 8; P.A. 78-280, S. 2, 6, 127; P.A. 82-160, S. 69; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6.)
History: P.A. 78-280 substituted “judicial district” for “county” generally and “the judicial district of Hartford-New Britain” for “Hartford county”; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Psychiatrist-patient privilege not waived and testimony of psychiatrist hired by state, but not as a result of court order, held inadmissible. 178 C. 626. Cited. 211 C. 555; 236 C. 625; 238 C. 313.
Cited. 1 CA 384; 14 CA 552; 19 CA 304.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146l. - Disclosure of privileged communication by interpreter prohibited.

Any confidential communication which is deemed to be privileged under any provision of the general statutes or under the common law made by a person with the assistance of an interpreter shall not be disclosed by such interpreter in any civil or criminal case or proceeding or in any legislative or administrative proceeding, unless the person making the confidential communication waives such privilege.
(P.A. 83-395, S. 1.)
Cited. 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146m. - Communication made by or to person who is deaf or hard of hearing with assistance of operator of special telecommunications equipment deemed privileged.

Any communication made by or to a person who is deaf or hard of hearing with the assistance of a person operating special telecommunications equipment capable of serving the needs of persons who are deaf or hard of hearing shall be deemed to be confidential and privileged and shall not be disclosed by such operator in any civil or criminal case or proceeding or in any legislative or administrative proceeding, unless the person making the confidential communication waives such privilege.
(P.A. 83-314; P.A. 17-202, S. 100.)
History: P.A. 17-202 replaced references to deaf or hearing impaired person with references to person who is deaf or hard of hearing.
Cited. 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146n. - Disclosure of confidential communications between Judicial Department employee and employee assistance program counselor prohibited. Information re participation in employee assistance program.

(a) For purposes of this section:
(1) “Employee assistance program counselor” means any person engaged in directing or staffing any employee assistance program which may be established by the Supreme Court upon recommendation of the Chief Court Administrator for the employees of the Judicial Department;
(2) “Confidential communications” means all oral and written communications transmitted in confidence between an employee of the Judicial Department and an employee assistance program counselor in the course of their relationship in the employee assistance program and all records prepared by the counselor in the course of that relationship with such employee; and
(3) “Employees of the Judicial Department” means full-time and part-time employees of the Judicial Department including judges of the Supreme Court, Appellate Court and Superior Court but excluding the employees and judges of the probate courts.
(b) No employee assistance program counselor shall disclose any confidential communications to any third person, other than a person to whom disclosure is reasonably necessary for the accomplishment of the purposes for which such counselor is consulted, or in any civil or criminal case or proceeding or in any legislative or administrative proceeding, unless the employee making the confidential communication waives the privilege.
(c) No person in any civil or criminal case or proceeding or in any legislative or administrative proceeding may request or require information from any employee of the Judicial Department relating to an employee's participation in an employee assistance program, including whether or not such employee at any time participated in such employee assistance program.
(P.A. 88-190.)
Cited. 211 C. 555.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146r. - Disclosure of confidential communications between government attorney and public official or employee of public agency prohibited.

(a) As used in this section:
(1) “Authorized representative” means an individual empowered by a public agency to assert the confidentiality of communications that are privileged under this section;
(2) “Confidential communications” means all oral and written communications transmitted in confidence between a public official or employee of a public agency acting in the performance of his or her duties or within the scope of his or her employment and a government attorney relating to legal advice sought by the public agency or a public official or employee of such public agency from that attorney, and all records prepared by the government attorney in furtherance of the rendition of such legal advice;
(3) “Government attorney” means a person admitted to the bar of this state and employed by a public agency or retained by a public agency or public official to provide legal advice to the public agency or a public official or employee of such public agency; and
(4) “Public agency” means “public agency” as defined in section 1-200.
(b) In any civil or criminal case or proceeding or in any legislative or administrative proceeding, all confidential communications shall be privileged and a government attorney shall not disclose any such communications unless an authorized representative of the public agency consents to waive the privilege and allow such disclosure.
(P.A. 99-179, S. 1.)
Section, even if applied retroactively, would not affect the legal standard applied in deciding that certain invoices were not protected by attorney-client privilege. 260 C. 143. “Confidential communications” are those where the attorney is acting in a professional capacity for the agency, the communications are made to the attorney by current employees or officials of the agency, the communications relate to the legal advice sought by the agency from the attorney, and the communications are made in confidence. 300 C. 511.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146u. - Disclosure of confidential communication between public defender and represented person prohibited.

(a) As used in this section:
(1) “Person” means an indigent defendant, as defined in section 51-297;
(2) “Confidential communications” means all oral and written communications transmitted in confidence between a public defender and a person the public defender has been appointed to provide legal representation to relating to legal advice sought by the person and all records prepared by the public defender in furtherance of the rendition of such legal advice; and
(3) “Public defender” means the Chief Public Defender, Deputy Chief Public Defender, public defenders, assistant public defenders, deputy assistant public defenders, Division of Public Defender Services assigned counsel and the employees of the Division of Public Defender Services.
(b) In any civil or criminal case or proceeding or in any legislative or administrative proceeding, all confidential communications shall be privileged and a public defender shall not disclose any such communications unless the person who is represented by the public defender provides informed consent, as defined in the Rules of Professional Conduct, to waive the privilege and allow such disclosure.
(P.A. 11-51, S. 12.)
History: P.A. 11-51 effective July 1, 2011.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146v. - Disclosure of confidential communications between peer support team member and first responder prohibited. Exceptions.

(a) As used in this section:
(1) “Peer support team member” means any person engaged in directing or staffing any peer support program established by an employer for the benefit of an employee who is a first responder;
(2) “First responder” means: Any peace officer, as defined in section 53a-3; any firefighter, as defined in section 7-313g; any person employed as a firefighter by a private employer; any ambulance driver, emergency medical responder, emergency medical technician, advanced emergency medical technician or paramedic, as defined in section 19a-175; and any telecommunicator, as defined in section 28-30; and
(3) “Confidential communications” means all oral and written communications transmitted in confidence between a first responder and a peer support team member in the course of participation in an employer established peer support program and all records prepared by a peer support team member related to such first responder's participation in such program.
(b) Except as provided in subsection (d) of this section, and unless the first responder making the confidential communication waives the privilege, no peer support team member shall disclose any confidential communications (1) to any third person, other than a person to whom disclosure is reasonably necessary for the accomplishment of the purposes for which such member is consulted, (2) in any civil or criminal case or proceeding, or (3) in any legislative or administrative proceeding.
(c) No person in any civil or criminal case or proceeding or in any legislative or administrative proceeding may request or require information from any first responder relating to the first responder's participation in a peer support program, including whether or not such first responder at any time participated in such peer support program.
(d) Consent of a first responder shall not be required for the disclosure of such first responder's confidential communications:
(1) Where mandated by any other provision of the general statutes;
(2) Where a peer support team member believes in good faith that the failure to disclose such confidential communications presents a clear and present danger to any individual, including the first responder; and
(3) Where the peer support team member was a witness or party to an incident that resulted in the delivery of peer support services to the first responder.
(P.A. 19-188, S. 1; P.A. 21-40, S. 49.)
History: P.A. 21-40 made a technical change in Subsec. (a)(2).
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146w. - Disclosure of patient communication or information relating to reproductive health care services by covered entity prohibited. Exceptions.

(a) Except as provided in sections 52-146c to 52-146k, inclusive, sections 52-146o, 52-146p, 52-146q and 52-146s and subsection (b) of this section, in any civil action or any proceeding preliminary thereto or in any probate, legislative or administrative proceeding, no covered entity, as defined in 45 CFR 160.103, shall disclose (1) any communication made to such covered entity, or any information obtained by such covered entity from, a patient or the conservator, guardian or other authorized legal representative of a patient relating to reproductive health care services, as defined in section 52-571m, that are permitted under the laws of this state, or (2) any information obtained by personal examination of a patient relating to reproductive health care services, as defined in section 52-571m, that are permitted under the laws of this state, unless the patient or that patient's conservator, guardian or other authorized legal representative explicitly consents in writing to such disclosure. A covered entity shall inform the patient or the patient's conservator, guardian or other authorized legal representative of the patient's right to withhold such written consent.
(b) Written consent of the patient or the patient's conservator, guardian or other authorized legal representative shall not be required for the disclosure of such communication or information (1) pursuant to the laws of this state or the rules of court prescribed by the Judicial Branch, (2) by a covered entity against whom a claim has been made, or there is a reasonable belief will be made, in such action or proceeding, to the covered entity's attorney or professional liability insurer or such insurer's agent for use in the defense of such action or proceeding, (3) to the Commissioner of Public Health for records of a patient of a covered entity in connection with an investigation of a complaint, if such records are related to the complaint, or (4) if child abuse, abuse of an elderly individual, abuse of an individual who is physically disabled or incompetent or abuse of an individual with intellectual disability is known or in good faith suspected.
(c) Nothing in this section shall be construed to impede the lawful sharing of medical records as permitted by state or federal law or the rules of the court prescribed by the Judicial Branch, except in the case of a subpoena commanding the production, copying or inspection of medical records relating to reproductive health care services, as defined in section 52-571m.
(P.A. 22-19, S. 2.)
History: P.A. 22-19 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-146x. - Disclosure of patient communication or information relating to gender-affirming health care services or reproductive health care services by covered entity prohibited. Exceptions.

(a) Except as provided in sections 52-146c to 52-146k, inclusive, sections 52-146o, 52-146p, 52-146q and 52-146s and subsection (b) of this section, in any civil action or any proceeding preliminary thereto or in any probate, legislative or administrative proceeding, no covered entity, as defined in 45 CFR 160.103, shall disclose (1) any communication made to such covered entity, or any information obtained by such covered entity from, a patient or the conservator, guardian or other authorized legal representative of a patient relating 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, or (2) any information obtained by personal examination of a patient relating 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 patient or that patient's conservator, guardian or other authorized legal representative explicitly consents in writing to such disclosure. A covered entity shall inform the patient or the patient's conservator, guardian or other authorized legal representative of the patient's right to withhold such written consent.
(b) Written consent of the patient or the patient's conservator, guardian or other authorized legal representative shall not be required for the disclosure of such communication or information (1) pursuant to the laws of this state or the rules of court prescribed by the Judicial Branch, (2) by a covered entity against whom a claim has been made, or there is a reasonable belief will be made, in such action or proceeding, to the covered entity's attorney or professional liability insurer or such insurer's agent for use in the defense of such action or proceeding, (3) to the Commissioner of Public Health for records of a patient of a covered entity in connection with an investigation of a complaint, if such records are related to the complaint, or (4) if child abuse, abuse of an elderly individual, abuse of an individual who is physically disabled or incompetent or abuse of an individual with intellectual disability is known or in good faith suspected.
(c) Nothing in this section shall be construed to impede the lawful sharing of medical records as permitted by state or federal law or the rules of the court prescribed by the Judicial Branch, except in the case of a subpoena commanding the production, copying or inspection of medical records relating to reproductive health care services or gender-affirming health care services, as defined in section 52-571n.
(P.A. 22-118, S. 485.)
History: P.A. 22-118 effective July 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-147. - Written statements in actions to recover damages for personal injuries.

In any action to recover damages for personal injuries no written statement concerning the facts out of which the cause of action arose given by either party to the other, or to his agent, attorney or insurer, shall be admissible in evidence unless the name and address of the person taking such statement appears thereon and unless a copy thereof is retained by the party giving such statement or delivered to him at the time such statement was given or within thirty days thereafter.
(1949 Rev., S. 7870; 1959, P.A. 541.)
History: 1959 act required name and address of person taking statement.
Provides only for recovery of damages for personal injuries and does not apply in an action to recover for breach of contract. 143 C. 372. Retroactive effect should not be given to 1959 amendment re name and address of person taking statement. 148 C. 447. Cited. 211 C. 555.
Work-product privilege is accorded only to product of lawyers; hence statement obtained by claims adjuster of defendant's insurer from defendant operator was ordered produced upon plaintiff's motion for disclosure and production. 28 CS 212.
A printed form sent by defendant's liability insurer to plaintiffs and filled out by them was properly excluded from evidence in personal injury action of named plaintiff because no copy was given to him as required by section. 3 Conn. Cir. Ct. 366.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-148. - Depositions in civil actions and probate proceedings.

Section 52-148 is repealed.
(1949 Rev., S. 7871; 1955, S. 3152d; 1957, P.A. 212; 1961, P.A. 505, S. 1; 1963, P.A. 98; 642, S. 83; P.A. 76-80, S. 2, 3; 76-273, S. 6.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-148a. - Taking of depositions. When court order necessary.

(a) Any party in a civil action or probate proceeding may, after the commencement of such action or proceeding, take the testimony of any person by deposition.
(b) If the party initiating the action or proceeding seeks to take a deposition prior to the expiration of twenty days after the return day in civil actions or prior to twenty days after service of the notice of deposition in a probate proceeding, he shall obtain an order of the court, except such order shall not be required (1) if an adverse party has served a notice of taking a deposition or otherwise sought discovery, or (2) if special notice has been given as provided in subsection (b) of section 52-148b.
(c) The deposition of a person confined in prison may be taken only by an order of the court on such terms as the court prescribes.
(P.A. 76-273, S. 1.)
Cited. 211 C. 555; 216 C. 483; 229 C. 716; 230 C. 1.
Cited. 25 CA 126.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-148b. - Notice of taking of deposition.

(a) No party may take the deposition of any person unless he has first given reasonable written notice to each adverse party or his known agent or attorney of the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. Such notice shall be served by an indifferent person at the usual place of abode of each person entitled to notice or by mailing such notice to him by certified mail.
(b) An order of the court is not required for the taking of a deposition by the party initiating a civil action or probate proceeding if the notice (1) states that the person to be examined is about to go out of this state, or is bound on a voyage to sea, and will be unavailable for examination unless his deposition is taken before expiration of the twenty-day period, and (2) sets forth facts to support such statements. The attorney for the party seeking to take the deposition shall sign the notice, and his signature constitutes a certification by him that to the best of his knowledge, information, and belief the statement and supporting facts are true.
(c) Whenever the whereabouts of any adverse party is unknown, a deposition may be taken pursuant to section 52-148a after such notice as the court, in which such deposition is to be used, or, when such court is not in session, any judge thereof, may direct.
(P.A. 76-273, S. 2.)
Cited. 211 C. 555; 216 C. 483; 229 C. 716.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-148c. - *(See end of section for amended version and effective date.) Before whom depositions may be taken.

(a) Within this state, depositions shall be taken before a judge or clerk of any court, justice of the peace, notary public or commissioner of the Superior Court.
(b) In any other state or country, depositions for use in a civil action or probate proceeding within this state shall be taken before a notary public, a commissioner appointed by the Governor of this state, any magistrate having power to administer oaths or a person commissioned by the court before which such action or proceeding is pending, or when such court is not in session, by any judge thereof. Any person so commissioned shall have the power by virtue of his commission to administer any necessary oath and to take testimony. Additionally, if a deposition is to be taken out of the United States, it may be taken before any foreign minister, secretary of a legation, consul or vice-consul, appointed by the United States or any person by him appointed for the purpose and having authority under the laws of the country where the deposition is to be taken; and the official character of any such person may be proved by a certificate from the Secretary of State of the United States.
(P.A. 76-273, S. 3.)
*Note:
On and after July 1, 2023, this section, as amended by section 50 of public act 22-26, is to read as follows:
“Sec. 52-148c. Before whom depositions may be taken.
(a) Within this state, depositions shall be taken before a judge or clerk of any court, justice of the peace, notary public or commissioner of the Superior Court.
(b) In any other state or country, except a state, as defined in section 52-656, that has enacted laws substantially similar to sections 52-655 to 52-660, inclusive, depositions for use in a civil action or probate proceeding within this state shall be taken before a notary public, a commissioner appointed by the Governor of this state, any magistrate having power to administer oaths or a person commissioned by the court before which such action or proceeding is pending, or when such court is not in session, by any judge thereof. Any person so commissioned shall have the power by virtue of his commission to administer any necessary oath and to take testimony. Additionally, if a deposition is to be taken out of the United States, it may be taken before any foreign minister, secretary of a legation, consul or vice-consul, appointed by the United States or any person by him appointed for the purpose and having authority under the laws of the country where the deposition is to be taken; and the official character of any such person may be proved by a certificate from the Secretary of State of the United States.”
(P.A. 76-273, S. 3; P.A. 22-26, S. 50.)
History: P.A. 22-26 amended Subsec. (b) by adding exception re “state as defined in section 52-656, that has enacted laws substantially similar to sections 52-655 to 52-600, inclusive”, effective July 1, 2023.
Cited. 205 C. 542; 211 C. 555; 229 C. 716.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-148d. - Requirements for taking of depositions. Party subject to taking of deposition.

(a) All witnesses or parties giving depositions shall be cautioned to speak the whole truth and be carefully examined, and shall subscribe their depositions, and make oath before the authority taking the depositions.
(b) The authority taking a deposition shall: (1) Attest the subscribing of the deposition and oath of the person deposed, (2) certify whether each adverse party or his agent was present and notified, (3) certify the reason for taking the deposition, and (4) seal the deposition and direct it to the court where it is to be used and deliver it, if requested, to the party at whose request it was taken.
(c) The party on whose behalf the deposition of an adverse party is taken shall be subject to having his deposition taken on behalf of such adverse party. The party on whose behalf a deposition is taken shall at his expense provide a copy of the deposition to each adverse party.
(P.A. 76-273, S. 4; P.A. 82-160, S. 70.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Cited. 211 C. 555; 229 C. 716.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-149. - Depositions of persons sixty years old.

Section 52-149 is repealed.
(1949 Rev., S. 7872; 1955, S. 3153d; 1961, P.A. 505, S. 2; P.A. 76-273, S. 6.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-149a. - Depositions of medical witnesses.

(a) The deposition of any physician, psychologist, chiropractor, naturopathic physician or dentist licensed under the provisions of the general statutes, may be taken on behalf of either party to any civil action, workers' compensation matter or probate proceeding, in which the physician, psychologist, chiropractor, naturopathic physician or dentist may be called as an expert witness, on notice by certified mail to each adverse party or the party's attorney, as the case may be. The deposition may be received in evidence at the trial or hearing of the civil action, workers' compensation matter or probate proceeding in lieu of the appearance of the witness in court or at the hearing. The deposition may be taken by stenographic means, videotape or in such other manner as may be provided by rule of court or of the administrative law judges.
(b) Whenever the deposition of a physician, psychologist, chiropractor, naturopathic physician or dentist is so taken, the party requesting the deposition shall pay to the medical expert the fee for giving testimony for the deposition.
(P.A. 76-423; P.A. 77-210; P.A. 79-376, S. 71; P.A. 82-160, S. 71; P.A. 99-102, S. 47; P.A. 21-18, S. 1.)
History: P.A. 77-210 added Subsec. (b) re payment of fee for testimony to medical experts; P.A. 79-376 substituted “workers' compensation” for “workmen's compensation” where appearing; P.A. 82-160 made minor technical changes; P.A. 99-102 deleted obsolete references to osteopathic physicians and made a technical change re gender neutrality; pursuant to P.A. 21-18, “compensation commissioners” was changed editorially by the Revisors to “administrative law judges” in Subsec. (a), effective October 1, 2021.
Cited. 203 C. 554; 211 C. 555; 229 C. 716.
Cited. 45 CA 165.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-150. - Interested persons not to write depositions.

Any deposition written, drawn up or dictated by the party, his attorney or any person interested, or returned to court unsealed, or with the seal broken, may be rejected by the court.
(1949 Rev., S. 7873.)
Deposition must not include any written statement by party. 5 C. 340. Nor be drawn by party, though copied by another. 1 R. 259; 4 C. 572. Nor be drawn up in advance, by procurement of party. 5 C. 324; 4 D. 126, 127. The magistrate must not be partner of the party's attorney. 37 C. 217. A deposition in behalf of a town may be taken before a magistrate who is a taxpayer of the town. 52 C. 165. Rejection of deposition taken in violation of section is in discretion of trial court. 100 C. 381. Cited. 211 C. 555; 229 C. 716.
Application to take deposition by tape recording and transcription by opposite party refused as violation of statutory and practice book provision. 31 CS 289.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-151. - Custody and opening of depositions.

Depositions returned to the court shall remain in the custody of its clerk, unless suppressed by order of court, until final judgment is rendered in the case. Any such deposition may be opened by any clerk of the court at any time and in any judicial district. The clerk shall certify thereon the time and place of opening the deposition.
(1949 Rev., S. 7874; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 72.)
History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 rephrased the section.
Infraction of statute does not necessarily render deposition inadmissible. 58 C. 495. Deposition is not an exhibit, but testimony in the custody of the clerk until offered in evidence; court did not abuse its discretion in refusing to admit deposition in which plaintiff had been deprived of complete cross-examination. 164 C. 262. Cited. 211 C. 555; 229 C. 716.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-152. - Depositions of persons in armed forces.

(a) The court in which any civil action or probate proceeding is pending, and any judge of the court when the court is not in session, may issue a commission to any person in the armed forces, as defined in section 27-103, authorizing him to take the deposition of any person in the armed forces, to be used as testimony in the civil action or probate proceeding. Such commissioner may administer the requisite oath to any such person to be deposed.
(b) The deposition shall be taken by interrogatories on the part of the party taking the deposition, of which reasonable notice shall be given to each adverse party, and by cross-interrogatories by each adverse party, with like notice to the other side. The commission, with the interrogatories and cross-interrogatories, shall be forwarded to the commissioner, who shall make return of his proceedings to the court, under seal, addressed to the clerk of the court, if there is one, otherwise to the judge.
(1949 Rev., S. 7875; 1955, S. 3154d; 1957, P.A. 163, S. 43; 1967, P.A. 656, S. 39; P.A. 82-160, S. 73; P.A. 18-72, S. 13.)
History: 1967 act substituted language “when the court is not sitting” for reference to court's being “in vacation”; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 18-72 made a technical change in Subsec. (a).
Cited. 146 C. 252; 211 C. 555; 229 C. 716; 230 C. 1.
Cited. 23 CS 249.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 899 - Evidence › Section 52-153 and 52-154. - Subpoena to deponent; commitment. Commission to take deposition of nonresident; notice where whereabouts of adverse party unknown.

Sections 52-153 and 52-154 are repealed.
(1949 Rev., S. 7876, 7877; 1955, S. 3155d, 3156d; March, 1958, P.A. 27, S. 65; 1961, P.A. 517, S. 42; P.A. 76-273, S. 6; 76-436, S. 403, 685, 686.)