reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-192. - Precedence of other cases in order of trial.

Any objections made to the acceptance of the report of a committee or auditor, or award of an arbitrator, shall be heard and determined promptly and without delay after return of the report or award, unless a continuance is granted for cause. Appeals from probate and from the actions of commissioners appointed by courts of probate, actions brought by or against executors or administrators of estates, actions brought by or against conservators of the estates of incapable persons, actions brought by or against guardians of the estates of minors, actions brought by receivers of insolvent corporations by order of the court by which such receivers were appointed, actions brought by or against any person sixty-five years of age or older or who reaches the age of sixty-five during the pendency of the action, actions in which a party has been ordered to post security with the Department of Motor Vehicles or has posted security with the Department of Motor Vehicles, pursuant to the requirements of section 14-117, appeals from any action of the Commissioner of Energy and Environmental Protection in accordance with section 25-17, appeals under the provisions of section 14-57, partitions and foreclosure cases, including cases in which a bond has been substituted for a mechanic's lien, shall have precedence over all other civil actions in respect to the order of trial, except as provided in section 52-191.
(1949 Rev., S. 7946; 1957, P.A. 78, S. 1; March, 1958, P.A. 14, S. 2; 1959, P.A. 102; 1961, P.A. 329; 509, S. 1; 1963, P.A. 162; 1967, P.A. 819; 1971, P.A. 872, S. 156; P.A. 82-160, S. 93; P.A. 92-118, S. 8; P.A. 11-80, S. 1.)
History: 1959 act added partitions and foreclosures; 1961 acts added appeals under section 14-57; 1963 act added cases where bond has been substituted for mechanic's lien; 1967 act added actions where party has been ordered to or has posted security with motor vehicle department; 1971 act replaced water resources commission with commissioner of environmental protection; P.A. 82-160 rephrased the section; P.A. 92-118 added provision re precedence in order of trial for actions brought by or against executors or administrators of estates, conservators of estates of incapable persons and guardians of the estates of minors; (Revisor's note: In 1997 references to “Motor Vehicle Department” were changed editorially by the Revisors to “Department of Motor Vehicles” for consistency with customary statutory usage); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
See Sec. 49-39 re privileged status of action to foreclose a mechanics' lien with respect to order of trial.
Cited. 63 C. 307; 179 C. 415; 229 C. 634; 230 C. 828.
Privilege given to “persons” over 65 years of age does not extend to corporate entities in existence over 65 years; legislative intent construed. 22 CS 156.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-192b. - Offers of judgment. Applicability.

Sections 52-192a to 52-195, inclusive, of the general statutes, revision of 1958, revised to January 1, 2005, shall be applicable to any cause of action accruing prior to October 1, 2005.
(P.A. 06-40, S. 1.)
History: P.A. 06-40 effective May 8, 2006.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-193. - Offer of compromise by defendant.

In any action on contract, or seeking the recovery of money damages, whether or not other relief is sought, the defendant may, not later than thirty days before trial, file with the clerk of the court a written offer of compromise signed by the defendant or the defendant's attorney, directed to the plaintiff or the plaintiff's attorney, offering to settle the claim underlying the action for a sum certain.
(1949 Rev., S. 7942; 1959, P.A. 28, S. 175; P.A. 92-110, S. 2; P.A. 01-71, S. 2; P.A. 05-275, S. 5.)
History: 1959 act deleted reference to actions before justices of the peace; P.A. 92-110 authorized the defendant to file an offer of judgment in any action “seeking the recovery of money damages, whether or not other relief is sought” rather than in any action “for the recovery of money only”; P.A. 01-71 required an offer of judgment to be filed not later than 30 days before trial and made technical changes for purposes of gender neutrality; P.A. 05-275 authorized the filing of “a written offer of compromise” that would offer “to settle the claim underlying the action for a sum certain” rather than “a written notice” that would offer “to allow the plaintiff to take judgment for the sum named in such notice”, effective October 1, 2005, and applicable to actions accruing on or after that date.
Not applicable to foreclosure suits. 27 C. 146. Statute construed. 33 C. 217. Cited. 163 C. 445; 192 C. 301; 239 C. 708.
Cited. 17 CA 219.
Cited. 10 CS 166.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-194. - Acceptance of defendant's offer of compromise.

In any action, the plaintiff may, within sixty days after being notified by the defendant of the filing of an offer of compromise, file with the clerk of the court a written acceptance of the offer signed by the plaintiff or the plaintiff's attorney agreeing to settle the underlying action for the sum certain specified in the defendant's offer of compromise. Upon the filing of the written acceptance and receipt by the plaintiff of such sum certain, the plaintiff shall file a withdrawal of the action with the clerk of the court and the clerk shall record the withdrawal of the action against the defendant accordingly. No trial may be postponed because the period within which the plaintiff may accept the offer has not expired, except at the discretion of the court.
(1949 Rev., S. 7943; 1959, P.A. 28, S. 111; P.A. 82-160, S. 95; P.A. 05-275, S. 6.)
History: 1959 act deleted provisions for actions before justices of the peace; P.A. 82-160 rephrased the section; P.A. 05-275 increased from 10 days to 60 days the time period for acceptance of the offer, replaced “offer of judgment” with “offer of compromise”, provided that by filing the acceptance the plaintiff was “agreeing to settle the underlying action for the sum certain specified in the defendant's offer of compromise” and replaced “Upon the filing of the written acceptance, the court shall render judgment against the defendant as upon default for the sum so named and for the costs accrued at the time of the defendant's giving the plaintiff notice of the offer” with “Upon the filing of the written acceptance and receipt by the plaintiff of such sum certain, the plaintiff shall file a withdrawal of the action with the clerk of the court and the clerk shall record the withdrawal of the action against the defendant accordingly”, effective October 1, 2005, and applicable to actions accruing on or after that date.
Cited. 163 C. 445; 239 C. 708. Language of section unambiguously provides that written acceptance of a party's offer of judgment against defendant must result in court's rendering judgment against defendant. 258 C. 299.
Cited. 10 CS 166.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-195. - Effect of failure to accept defendant's offer of compromise.

(a) If the plaintiff does not, within the time allowed for acceptance of the offer of compromise and before the commencement of the trial, file the plaintiff's notice of acceptance, the offer shall be deemed to be withdrawn and shall not be given in evidence.
(b) Unless the plaintiff recovers more than the sum specified in the offer of compromise, with interest from its date, the plaintiff shall recover no costs accruing after the plaintiff received notice of the filing of such offer, but shall pay the defendant's costs accruing after the plaintiff received notice. Such costs may include reasonable attorney's fees in an amount not to exceed three hundred fifty dollars.
(c) This section shall not be interpreted to abrogate the contractual rights of any party concerning the recovery of attorney's fees in accordance with the provisions of any written contract between the parties to the action. The provisions of this section shall not apply to cases in which nominal damages have been assessed upon a hearing after a default or after a demurrer has been overruled.
(1949 Rev., S. 7944; P.A. 79-250, S. 2; P.A. 82-160, S. 96; P.A. 05-275, S. 7.)
History: P.A. 79-250 specified that costs may include attorney's fees not exceeding $350 and that provisions do not abrogate contractual rights re recovery of attorney's fees; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 05-275 amended Subsecs. (a) and (b) to replace “offer of judgment” with “offer of compromise” where appearing and make technical changes, effective October 1, 2005, and applicable to actions accruing on or after that date.
Cited. 163 C. 445. The phrase “such costs may include reasonable attorney's fees” modifies only the term “defendant's costs” in the immediately preceding clause of statute. 188 C. 213. Cited. 239 C. 708. Plaintiff must establish all of the elements of a negligence claim, including causation and actual injury, in order to recover and, therefore, the technical legal injury concept does not apply to a negligence action. 277 C. 364.
Cited. 8 CA 254.
Cited. 10 CS 166. Reasonableness of offer of judgment discussed. 39 CS 467.
Subsec. (b):
Subsec. requires payment of costs that are authorized elsewhere in statute if plaintiff fails to recover more than the offer of compromise, and because no statute authorizes costs for expenses of daily expedited trial transcripts, defendants' attorney's attendance at videoconference deposition or defendants' and defendants' employee trial testimony, trial court improperly authorized such costs. 289 C. 61.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-195a. (Formerly Sec. 52-256). - Unliquidated damages; tender.

Any party upon whom a claim for unliquidated damages is made may tender to the claimant a sum of money in payment thereof, which tender may be pleaded and in all respects be as effectual as a tender in case of a claim for debt.
(1949 Rev., S. 8002.)
History: Sec. 52-256 transferred to Sec. 52-195a in 1983.
Annotations to former section 52-256:
General issue and tender repugnant; costs. 67 C. 74. Waiver of defects in tender. Id., 585; 76 C. 705. Tender bars costs. 80 C. 233; 87 C. 158. Not now necessary to pay money into court. Id., 157. Tender of money due on contract excused where other party cannot perform. 88 C. 64.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-195b. - Referral of civil action involving motor vehicle to alternative dispute resolution program. Expedited process case. Privileged case.

Section 52-195b is repealed, effective October 1, 2013.
(P.A. 93-297, S. 3, 29; P.A. 13-194, S. 15.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-195c. - Time period for payment of settlement amount.

(a) When an action to recover damages has been settled, any settling defendant shall tender all sums due from such settling defendant to any settling plaintiff or such plaintiff's agent not later than thirty days after receipt by the person or office designated in writing to the settling plaintiff or such plaintiff's agent by the settling defendant at the time of settlement of a duly executed release and a withdrawal discontinuing any court action, if any such action is pending, that are tendered by such settling plaintiff or plaintiff's agent and are executed by or on behalf of the settling plaintiff. If no such person or office is so designated, a settling plaintiff may tender such settlement documents to the settling defendant's attorney or the representative of the settling defendant's insurer with whom the settlement agreement was reached and such settling defendant shall tender all sums due from such settling defendant to any settling plaintiff or such plaintiff's agent not later than thirty days after receipt of such settlement documents by the settling defendant's attorney or the representative of the settling defendant's insurer.
(b) In an action that requires judicial approval of the settlement, the plaintiff shall also tender a copy of the order of the Probate Court or other order approving such settlement with the duly executed release and withdrawal discontinuing any pending court action executed on behalf of the plaintiff.
(c) In the event that a settling defendant or insurer fails to promptly tender all sums as required by subsection (a) of this section, a default judgment shall be entered by the court on behalf of any unpaid plaintiff against such defendant twenty days after such plaintiff files a motion for a default judgment with the court and serves such motion upon the representative of the insurer with whom the settlement was reached or the defendant with whom the settlement was reached. Such motion shall be accompanied by an affidavit executed by the plaintiff or the plaintiff's attorney setting forth the terms of such settlement with supporting documentation attached.
(d) Any insurer or defendant with whom the settlement was reached that fails to tender settlement proceeds within the time limit set forth in this section shall be liable for interest at a rate of twelve per cent a year on the amount of such settlement proceeds computed from the date such time limit expired.
(e) As used in this section, “tender” means either to personally deliver or cause to be delivered or to mail by registered or certified mail, return receipt requested. An insurer or a defendant may otherwise prove tender by presenting evidence that the settlement sums due from such insurer or such defendant were received by the settling plaintiff or such plaintiff's agent.
(P.A. 97-58, S. 3.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-196. - Motion to continue or postpone.

Whenever in any action pending in the Superior Court a motion for a postponement or continuance is made by either party and such motion is granted, the court may require the party making the same to pay to the adverse party such sum by way of indemnity as it deems reasonable.
(1949 Rev., S. 7930; 1959, P.A. 28, S. 112; P.A. 74-183, S. 85, 291; P.A. 76-436, S. 129, 681.)
History: 1959 act substituted circuit court for city court; P.A. 74-183 removed actions pending in circuit court from purview of section, reflecting transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 76-436 removed actions pending in court of common pleas from purview of section reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978.
Discretion of court to grant continuances. 69 C. 186; 75 C. 308; Id., 314; 78 C. 654; 79 C. 383; 81 C. 474; 92 C. 658; 100 C. 4. Informalities in adjournment of justice court from time to time waived if parties eventually appear and are heard. 104 C. 294. Where defendant's motion for mistrial was, in essence, one for continuance or postponement because of illness of necessary witness, trial court did not err in denying motion when not informed of the facts at the time. 157 C. 561.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-197b. - Discovery outside country to be in accordance with treaty or convention or court order.

(a) If an applicable treaty or convention including, but not limited to, the Hague Convention on the Taking of Evidence Abroad, provides for discovery outside the United States of America, the discovery methods agreed to in such treaty or convention shall be employed.
(b) If an applicable treaty or convention renders discovery inadequate or inequitable but does not prohibit additional discovery, the Superior Court may, upon application, order additional discovery under such terms and conditions as the court deems just and equitable.
(P.A. 91-324, S. 2.)
Cited. 229 C. 716.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-198. - Disclosure; examination of officer of corporation.

If a corporation is party to an action, the opposite party may examine the president, treasurer, secretary, clerk or any director or other officer thereof in the same manner as if he were a party to the suit.
(1949 Rev., S. 7950.)
Cited. 212 C. 661; 229 C. 716.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-199. - Questions which need not be answered. Self-incrimination.

(a) In any hearing or trial, a party interrogated shall not be obliged to answer a question or produce a document the answering or producing of which would tend to incriminate him, or to disclose his title to any property if the title is not material to the hearing or trial.
(b) The right to refuse to answer a question, produce a document or disclose a title may be claimed by the party interrogated or by counsel in his behalf.
(1949 Rev., S. 7951; P.A. 82-160, S. 62.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
See Sec. 51-35 re witnesses' imprisonment for refusal to testify and protection against self-incrimination.
See Sec. 54-84 re option of accused to testify or remain silent during trial.
Answers to interrogatories did not expose defendant to self-degradation and self-incrimination. 137 C. 404. Privilege against self-incrimination does not apply to corporations. 212 C. 661. Cited. 229 C. 716.
Cited. 32 CA 811; 37 CA 456; judgment reversed, see 236 C. 176.
The term “any hearing or trial” includes the taking of a deposition. 31 CS 66. Cited. 32 CS 306.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-200. - Disclosure not conclusive.

When either party in any action has obtained from the other party a disclosure on oath, respecting the matters alleged in any pleading, the disclosure shall not be deemed conclusive, but may be contradicted like any other testimony.
(1949 Rev., S. 7952.)
Cited. 186 C. 275; 194 C. 35; 212 C. 661; 228 C. 42; 229 C. 716.
Cited. 2 CA 523; 4 CA 641; 11 CA 518; 13 CA 725; 40 CA 449.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-200a. - Defendant's insurance liability policy limits and insurer's duty to indemnify subject to discovery.

In any civil action founded upon negligence, both the defendant's insurance liability policy limits and whether or not the insurer has disclaimed its duty to indemnify shall be subject to discovery upon written motion of the plaintiff. Any such motion and disclosure shall be excluded from the file submitted to the jury.
(1967, P.A. 485; P.A. 78-142.)
History: P.A. 78-142 reworded provisions and made “whether or not the insurer has disclaimed its duty to indemnify” subject to discovery upon written motion of plaintiff.
Cited. 212 C. 661; 229 C. 716.
Statute is not unconstitutional interference by legislature with judicial department; public policy often requires legislation to facilitate administration of justice. 28 CS 32. Applies to pending cases at its enactment and is not unconstitutional infringement on judiciary rule making power. 29 CS 195.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-203. - Demand for receipt not to vitiate a legal tender.

The requirement or demand for a receipt for such amount of lawful money as may be offered or tendered on account, or in payment or in part payment of any indebtedness, shall not prevent such offer or tender from being regarded or held to be a legal tender.
(1949 Rev., S. 7955.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-204. - Recovery of expenditures by husband or parent.

In any civil action arising out of personal injury or property damage, as a result of which personal injury or property damage the husband or parent of the plaintiff has made or will be compelled to make expenditures or has contracted indebtedness, the amount of such expenditures or indebtedness may be recovered by the plaintiff, provided a recovery by the plaintiff shall be a bar to any claim by such husband or parent, except in an action in which the husband or parent is a defendant.
(1949 Rev., S. 7947; 1951, S. 3181d.)
Cited. 117 C. 686. Damages due to incapacity of wife by reason of personal injury are recoverable by her and not her husband; but right to recover sums actually paid by husband because of her incapacity is in him. 125 C. 390. In absence of endorsement on writ by husband, wife may recover expenditures if it is not reasonably probable that husband would have to pay them but probable that she will be called upon to do so. 129 C. 361. When a minor child is injured by the negligent act of a third party, two independent causes of action spring into existence; first, the right of action by the child for personal injuries; second, a right of action by the parent for consequential damages. 147 C. 333. Cited. 153 C. 363; 165 C. 490; 200 C. 290.
Husband must endorse his consent upon the complaint prior to service on defendant. 4 CS 147. Transfer by parent of his right of action for consequential damages has all the attributes of an assignment. 7 CS 480. Cited. 19 CS 480. Vicarious contributory negligence or concurring negligence of parent does not bar plaintiff's recovery of consequential damages. 28 CS 493. Wife may sue for husband's medical expenses for which she is legally liable. 32 CS 156.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-205. - Court may determine order in which issues shall be tried.

In all cases, whether entered upon the docket as jury cases or court cases, the court may order that one or more of the issues joined be tried before the others.
(1949 Rev., S. 7939.)
Cited. 63 C. 560. When legal issues of fact should be determined by jury before court tries equitable issues. 98 C. 221. General claim for jury list does not secure jury trial of equitable issues of fact; special order necessary under Sec. 52-218. 100 C. 248. The court may determine issues on the cross complaint first. 135 C. 558. Cited. 149 C. 430.
Illness of plaintiff's attorney reason to bifurcate trial. 50 CA 577.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-206. - Writings; admission of their execution.

(a) Either party to a civil action may, by a written notice, call upon the other to admit the existence and due execution of any document, material to the issue, saving all just exceptions.
(b) If the opposing party neglects or refuses to make such a requested admission within a reasonable time after the receipt of such notice, the costs of proving the document shall be paid by the party neglecting or refusing to make the admission regardless of the result of the action unless the court finds that the neglect or refusal was reasonable.
(1949 Rev., S. 7959; P.A. 82-160, S. 98.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-207. - Defense based on Sunday contract.

No person who has received a valuable consideration for a contract, express or implied, made on a Sunday prior to June 9, 1976, may defend any action upon the contract on the ground that it was made on a Sunday, until he has restored the consideration.
(1949 Rev., S. 7980; P.A. 76-415, S. 6; 76-435, S. 81, 82; P.A. 82-160, S. 99.)
History: P.A. 76-415 specified applicability to contracts made on Sunday “prior to October 1, 1976”; P.A. 76-435 changed effective date from October 1, 1976, to June 9, 1976, amending section text accordingly; P.A. 82-160 rephrased the section.
See Sec. 53-300a re validity of Sunday real estate contracts.
Cited. 66 C. 275. Defendant must pay the reasonable value or agreed price, where a return of the identical consideration is practically impossible. 73 C. 624. Court should instruct jury as to whether certain date is Sunday. 81 C. 490. That contract was made on Sunday should be pleaded. 85 C. 635. In action by assignee to enforce bond for deed, defendant who received nothing as result of assignment may defend on ground it was made on Sunday. 133 C. 649. Cited. 155 C. 55; 177 C. 304.
Cited. 14 CS 407. Sunday contract not demurrable if there is nothing to indicate that deposit allegedly accepted by defendant has been returned. 20 CS 443.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-208. - Reception of evidence objected to as inadmissible.

Whenever evidence offered upon the trial of any civil action is objected to as inadmissible, the court or committee trying such action shall not admit such evidence subject to the objection, unless both parties agree that it be so admitted; but, if either party requests a decision, such court or committee shall pass upon such objection and admit or reject the testimony.
(1949 Rev., S. 7960.)
Does not apply to evidence received in advance of its logical place. 53 C. 558. New trial ordinarily granted for an infraction of statute, unless the error appears to have been harmless. 68 C. 63. Admitting evidence with an offer to consider later a motion to strike it out is equivalent of admitting it subject to objection. 130 C. 232. Cited. 132 C. 646. To avail himself of the rule that grounds upon which evidence is claimed to be inadmissible must be stated, a party must state the grounds for his claim of admissibility. 148 C. 208.
Cited. 5 CA 118.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-209. - Argument of counsel; time limit.

In a trial before the Superior Court, counsel shall not occupy more than one hour in argument, unless the court, on motion for special cause, before the commencement of the argument, allows a longer time. Interlocutory questions arising during the trial of an action shall not be argued by counsel unless the court requests it.
(1949 Rev., S. 7962; 1959, P.A. 28, S. 113; P.A. 76-436, S. 404, 681; P.A. 82-160, S. 100.)
History: 1959 act deleted provision for appeal from trial before justice of the peace; P.A. 76-436 removed trials before court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section.
Constitutional right of the accused to be heard by counsel is subject to a reasonable time limit. 47 C. 535. Party represented by two counsel in Superior Court may occupy two hours in argument, dividing the time as they may agree. 55 C. 18. Discretion of court to extend time for argument. 95 C. 79. Cited. 122 C. 611; 217 C. 671.
Where presentation of evidence lasted three and one-half days and plaintiff's counsel did not move for additional time until after the argument had begun, rule of court limiting him to one hour was not an abuse of discretion. 15 CS 305.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-212. - Opening judgment upon default or nonsuit.

(a) Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which the notice of judgment or decree was sent, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or written motion of any party or person prejudiced thereby, showing reasonable cause, or that a good cause of action or defense in whole or in part existed at the time of the rendition of the judgment or the passage of the decree, and that the plaintiff or defendant was prevented by mistake, accident or other reasonable cause from prosecuting the action or making the defense.
(b) In addition to the provisions of subsection (a) of this section, any judgment rendered or decree passed in an action for dissolution of marriage or civil union or for legal separation in which the waiting period was waived pursuant to subsection (c) of section 46b-67 may be set aside at any time and the case reinstated to the docket upon a showing of material misrepresentation in the affidavit of the plaintiff filed pursuant to said subsection.
(c) The complaint or written motion shall be verified by the oath of the complainant or his attorney, shall state in general terms the nature of the claim or defense and shall particularly set forth the reason why the plaintiff or defendant failed to appear.
(d) The court shall order reasonable notice of the pendency of the complaint or written motion to be given to the adverse party, and may enjoin him against enforcing the judgment or decree until the decision upon the complaint or written motion.
(1949 Rev., S. 7963, 7964; 1959, P.A. 28, S. 114; 1967, P.A. 849; P.A. 74-183, S. 87, 291; P.A. 76-436, S. 131, 681; P.A. 82-160, S. 102; P.A. 18-14, S. 3; P.A. 21-104, S. 43.)
History: 1959 act substituted circuit court for municipal court which was abolished; 1967 act clarified rights of plaintiff; P.A. 74-183 removed circuit court from purview of section, reflecting transfer of its functions to court of common pleas, effective December 31, 1974; P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 18-14 added new Subsec. (b) re setting aside of judgment or decree in action for dissolution of marriage or civil union or legal separation when waiting period had been waived pursuant to Sec. 46b-67(c) and redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d); P.A. 21-104 amended Subsec. (a) to replace “it was rendered or passed” with “the notice of judgment or decree was sent”, effective June 28, 2021.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-212a. - Civil judgment or decree opened or set aside within four months only.

Unless otherwise provided by law and except in such cases in which the court has continuing jurisdiction, a civil judgment or decree rendered in the Superior Court may not be opened or set aside unless a motion to open or set aside is filed within four months following the date on which the notice of judgment or decree was sent. The continuing jurisdiction conferred on the court in preadoptive proceedings pursuant to subsection (o) of section 17a-112 does not confer continuing jurisdiction on the court for purposes of reopening a judgment terminating parental rights. The parties may waive the provisions of this section or otherwise submit to the jurisdiction of the court, provided the filing of an amended petition for termination of parental rights does not constitute a waiver of the provisions of this section or a submission to the jurisdiction of the court to reopen a judgment terminating parental rights.
(P.A. 77-576, S. 28, 65; P.A. 82-160, S. 103; P.A. 93-51; P.A. 98-241, S. 14, 18; P.A. 00-137, S. 16; P.A. 21-104, S. 44.)
History: P.A. 82-160 rephrased the section; P.A. 93-51 added provisions re reopening of judgments terminating parental rights; P.A. 98-241 changed reference from Subsec. (i) to Subsec. (h) of Sec. 17a-112, effective July 1, 1998; P.A. 00-137 changed reference from Subsec. (h) to Subsec. (o) of Sec. 17a-112; P.A. 21-104 replaced “it was rendered or passed” with “the notice of judgment or decree was sent”, effective June 28, 2021.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-213 and 52-214. - Justice of the peace to keep docket, entry fee. Jury in suit before justice of the peace.

Sections 52-213 and 52-214 are repealed.
(1949 Rev., S. 7552, 7940; 1959, P.A. 28, S. 204.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-216b. - Articulation to trier of fact of amount of damages claimed to be recoverable permitted.

(a) In any civil action to recover damages resulting from personal injury or wrongful death, counsel for any party to the action shall be entitled to specifically articulate to the trier of fact during closing arguments, in lump sums or by mathematical formulae, the amount of past and future economic and noneconomic damages claimed to be recoverable.
(b) Whenever, in a jury trial, specific monetary sums or mathematical formulae are articulated during closing arguments as provided for in subsection (a) of this section, the trial court shall instruct the jury that the sums or mathematical formulae articulated are not evidence but only arguments and that the determination of the amount of damages to be awarded, if any, is solely the jury's function.
(P.A. 89-319.)
Cited. 216 C. 604; 217 C. 671; 221 C. 331.
Cited. 31 CA 518; 38 CA 447. Standard for admission of future economic damages is that it must be reasonably probable that plaintiff will require certain treatment in the future as a result of defendant's conduct, and in this case admitted statement was impermissible when based on possibility that plaintiff may require surgery in the future. 85 CA 383.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-216c. - Failure to call a witness. Jury instruction prohibited; argument by counsel permitted.

No court in the trial of a civil action may instruct the jury that an inference unfavorable to any party's cause may be drawn from the failure of any party to call a witness at such trial. However, counsel for any party to the action shall be entitled to argue to the trier of fact during closing arguments, except where prohibited by section 52-174, that the jury should draw an adverse inference from another party's failure to call a witness who has been proven to be available to testify.
(P.A. 98-50.)
Legislature intended not only that there be advance notice of counsel's intent to invite jury to draw an adverse inference from a party's failure to call a witness, but also that there be an advance ruling by trial judge that counsel has provided some evidentiary basis entitling him or her to do so. 72 CA 359. Defendant was properly permitted to present in closing argument that the jury could draw an adverse inference from plaintiff's decision not to call his wife as a witness. 123 CA 555. Trial court properly cautioned defendants' counsel from making further comment on plaintiffs' decision not to call a witness to testify because counsel had not established the witness's availability or informed the court he would be making an argument that the jury should draw an adverse inference from plaintiffs' failure to produce the witness. 156 CA 453.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-217. - Violation of statute by minor.

In all actions for recovery of damages for injury to person or property, in which the plaintiff or defendant was a minor under sixteen years of age at the time such cause of action arose, it shall be a question of fact to be submitted to the judge or jury to determine whether or not such minor plaintiff or minor defendant was in the exercise of due care, when there is a violation of statutory duty by such plaintiff or defendant.
(1949 Rev., S. 7948.)
Cited. 146 C. 10. Minor child may be liable to her minor sister for damage caused by negligence. 147 C. 649. Cited. 148 C. 459. Boy 14 years old entitled to have jury measure his conduct by that reasonably to be expected of children of similar age, judgment and experience. 151 C. 434. Cited. 154 C. 644; 165 C. 251.
Cited. 38 CS 426.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-218. - Jury may try issues of fact in equitable action.

Upon the application of either party, the court may order any issue or issues of fact in any action demanding equitable relief to be tried by a jury of six.
(1949 Rev., S. 7937; 1953, S. 3179d; 1971, P.A. 40, S. 6.)
History: 1971 act deleted provision specifying that application is deemed to be a request for six-person jury unless it expressly calls for full jury of twelve, making six-person jury the rule.
Trial by jury in equitable action. 79 C. 260; 81 C. 451; 82 C. 293; 83 C. 109; 85 C. 159; 90 C. 624, 633; 98 C. 222; 100 C. 248. Methods and priority in trial of equitable and legal issues. Id. No constitutional right to demand that incidental issues of fact in equitable action be tried to jury. 113 C. 608. Cited. 117 C. 454. In equitable proceeding, general verdict usually will not serve purpose intended, which is to inform court as to facts upon which relief is to be granted; proper course in most instances is to submit interrogatories covering issues on which court in its discretion determines decision of jury will be appropriate and useful. 121 C. 649. Cited. 122 C. 512. But when general claim for jury trial of equitable action is granted, unless court later modifies order, better practice is to submit to jury all issues it may properly try. Id., 567. Court's discretion to submit legal issues to jury should be sparingly exercised. 124 C. 571. As where incidental damages asked in action in which fundamental purpose is injunctive relief. 127 C. 153. This section rather than Sec. 52-219 applies in foreclosure action where defendant files cross complaint for money damages based on entirely separate transactions. 130 C. 206. Action of court is a discretionary matter. 134 C. 329. Action for declaratory judgment is not one in equity. 135 C. 294. Cited. 148 C. 391; 182 C. 193; 189 C. 490; 197 C. 34; 223 C. 419; 230 C. 148.
Cited. 23 CA 287; 41 CA 19.
Trial of questions of fact incidental to equitable issues is discretionary with the court. 4 CS 437. Cited. 15 CS 417; 17 CS 18. Strict foreclosure, being a purely equitable action, is not triable by a jury or of right but is within discretion of court and such discretion should be exercised sparingly. 18 CS 498. Cited. 44 CS 411.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-219. - Claim for damages and equitable relief; separate trials.

Whenever an action brought to recover damages and also to obtain equitable relief has been placed upon the docket as a jury case, the determination of the equitable issues raised by the pleadings shall not prevent a jury trial of the claim for damages, unless both parties agree in writing to waive a jury, or unless the determination of the equitable issues has necessarily adjudicated all the facts upon which the claim for damages rests.
(1949 Rev., S. 7938; P.A. 82-160, S. 107.)
History: P.A. 82-160 made minor changes in wording.
Former practice. 73 C. 486. Applied to creditor's bill; 78 C. 595; where relief is sought against person making and person receiving fraudulent assignment. 83 C. 112; 100 C. 718. Cited. 97 C. 719. Applied and explained. 100 C. 248. Defendant filing cross complaint in foreclosure action, raising some legal issues, not entitled to jury trial as of right. 130 C. 211. Cited. 134 C. 333. Where essential right asserted in cross complaint is equitable in its nature, and claim for damages is merely supplemental to equitable relief sought, plaintiff had no right to a jury trial. 135 C. 558. Cited. 223 C. 419; 227 C. 175.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-220. - Hearing in damages: When to jury.

In any action at law in which the defendant suffers a default and there is a hearing in damages, the hearing in damages shall be to a jury of six if either party to the action, within thirty days after the default has been entered, files with the clerk of the court in which the action is pending a request in writing that the hearing in damages be to a jury.
(1949 Rev., S. 7956; 1953, S. 3182d; 1971, P.A. 40, S. 7; P.A. 78-379, S. 20, 27; P.A. 82-160, S. 108.)
History: 1971 act amended section to specify hearing heard by six-person juries in all cases where previously six-person jury was usual but request could be made for full twelve-person jury; P.A. 78-379 amended section to render provisions inapplicable in actions where judgment is rendered for plaintiff upon a demurrer to the complaint overruled; P.A. 82-160 rephrased the section.
Not retroactive nor applicable to action pending when statute was enacted. 59 C. 365. A default, and a neglect to answer after demurrer overruled, are not the same in legal effect. 63 C. 261. Notice of intention to suffer a default is not itself a default. 64 C. 487. Cited. 73 C. 684. Justification of entry of judgment; time of filing. 78 C. 289. Liability of defendant not in issue unless notice of intent to contest liability has been given. 138 C. 29. Cited. Id., 35. Defendant who suffers a default is entitled to a hearing in damages in accordance with the statutes and rules of the court. 148 C. 435. Where one defendant defaulted, plaintiffs were not required to proceed to hearing in damages as to him but could properly wait until pleadings had been closed as to remaining defendants and court followed proper procedure in proceeding to trial of all issues raised by appearing defendants. 149 C. 458. Cited. 156 C. 6. When defendant has been defaulted for nonappearance at trial of case which was regularly assigned for trial, court may proceed forthwith to assessment of damages; such case is to be distinguished from one when defendant defaults at point other than at trial of action. 159 C. 352.
Cited. 9 CA 1.
No jury granted for hearing in damages resulting under Sec. 17-320. 14 CS 482.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-221a. - Hearing in damages: Proof of damages on defendant's failure to appear.

In any hearing in damages at which the defendant fails to appear in person or by counsel the plaintiff shall be permitted to submit affidavits, duly sworn and acknowledged, of damages and special damages as proof of such damages.
(1971, P.A. 411.)
Cited. 9 CA 1.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 900 - Court Practice and Procedure › Section 52-224. - Special verdicts. Jury to assess damages.

(a) The court shall determine questions of law referred to it by the jury in a special verdict, which they may give when they entertain doubts respecting points of law arising in the action, or when the parties request it. In a special verdict the jury shall find the facts, and state the questions of law thus:
If the law be so in such a point, then we find for the plaintiff;
but if the law be otherwise, then we find for the defendant.
(b) When the jury finds a verdict in favor of the plaintiff, they shall assess the damages which he shall be entitled to recover.
(1949 Rev., S. 7973; P.A. 82-160, S. 111.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Verdict apportioning the damages between defendants held illegal. 48 C. 521. Generally. 75 C. 220; 81 C. 601; 82 C. 597. General verdict on several counts proper, in absence of request for special verdict; 76 C. 680; so, general verdict for defendant failing to answer special interrogatories by him based on verdict for plaintiff. 81 C. 601. Request that jury find special facts on which conclusion based not proper. 82 C. 485. Special interrogatories in connection with general submission. 83 C. 109. Discretion of court to refuse to submit. Id., 183; 90 C. 626; 96 C. 2; 97 C. 182, but see 94 C. 690; 100 C. 493. Proper to submit, where verdict might be based on one of several grounds. 85 C. 459. Interrogatories should be recorded as part of verdict. 88 C. 558. Procedure under statute preferable where both legal and equitable remedies are sought. 90 C. 626. Except as here provided, no special form of verdict required. 91 C. 673. Addressing oral questions to jury on return of verdict improper. 97 C. 182. Purpose; when to be allowed. 95 C. 499. Special verdict or interrogatories proper where complaint states cause of action at common law and one under statute permitting damages to be doubled. 93 C. 247. If two or more issues are presented in one count, interrogatories are proper; if in separate counts, separate verdicts may be had. 94 C. 690. Defect in interrogatories which are consistent with general verdict disregarded. 93 C. 446. Answers may be limited by context; 94 C. 168; and should be construed so as to be consistent. 97 C. 337. Proper procedure. 95 C. 499; 97 C. 189. Practice as to receiving answers. 96 C. 2. When complaint contains two or more counts, or two or more issues in one count, court must, on request, submit properly framed interrogatories. 100 C. 494; 104 C. 525. Trial court's refusal to set aside verdict of damages as inadequate was sustained where only permanent injuries were body scars on child and verdict awarded $6,000 to plaintiff child and $4,000 special damages to father of child. 156 C. 635.