reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-240. - Effect of damages on costs.

(a) In any action founded on tort tried in the Superior Court, if the damages found do not exceed fifty dollars, the plaintiff shall recover no more costs than damages, subject to the provisions of this section.
(b) If the title to property, or a right-of-way, or to the use of water, is in question, or if the damages were reduced so as not to exceed fifty dollars by reason of an act of the defendant pending the action, the plaintiff shall recover full costs.
(c) Judgment for nominal damages upon a hearing after a default or a demurrer overruled shall entitle the party in whose favor damages are given to the full taxable costs of the action.
(1949 Rev., S. 7985; 1959, P.A. 28, S. 117; 1963, P.A. 642, S. 53; P.A. 74-183, S. 89, 291; P.A. 76-436, S. 135, 681; P.A. 82-160, S. 127.)
History: 1959 act substituted circuit court for municipal court; 1963 act deleted stipulation section apply only to tort actions not brought to courts on appeal; P.A. 74-183 removed actions tried 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 tried in 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 provisions and added Subsec. indicators.
See Sec. 47-41 re consideration of notice as disturbance of right.
The title or right must be so brought in question that the record may show that it was decided. 1 R. 525; 18 C. 394; 52 C. 255; 54 C. 57, 58. If brought up under a plea and notice, it may be sufficient. 21 C. 80. Trespass qu. cl. fr. 21 C. 80; 25 C. 249. Case for diversion of water. 36 C. 151. Payment, pending suit. 19 C. 529; 39 C. 462. Return of property, pending suit. 1 R. 136. Retrospective law. 30 C. 326. “Default” and “demurrer overruled” have different meanings. 63 C. 266. Applied where count in tort beyond jurisdiction of court was added to count in tort and verdict was rendered for $1 damages; 79 C. 305; and to action on statute for killing registered dog; 80 C. 435; or for bite of dog. 86 C. 710. Though charter of city gives its court same powers as justices of the peace, section applies. 80 C. 437. Amendment of 1907 held to apply to pending case. 81 C. 216. Nominal damages. 119 C. 496. Cited. 218 C. 309.
Tort defined. 7 CS 521.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-240a. - Award of attorney's fees in product liability action.

If the court determines that the claim or defense is frivolous, the court may award reasonable attorney's fees to the prevailing party in a products liability action.
(P.A. 79-483, S. 7.)
Cited. 187 C. 363; 210 C. 189; 239 C. 284; 240 C. 58. “Prevailing party” defined; section permits attorneys' fees to be awarded following acceptance of an offer of judgment under Sec. 52-194. 258 C. 299.
Cited. 16 CA 558.
Cited. 39 CS 132.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-240b. - Punitive damages in product liability actions.

Punitive damages may be awarded if the claimant proves that the harm suffered was the result of the product seller's reckless disregard for the safety of product users, consumers or others who were injured by the product. If the trier of fact determines that punitive damages should be awarded, the court shall determine the amount of such damages not to exceed an amount equal to twice the damages awarded to the plaintiff.
(P.A. 79-483, S. 8.)
Cited. 187 C. 363; 210 C. 189; 212 C. 509; 221 C. 674; 241 C. 199; 243 C. 168. Punitive damages awarded under this section are not measured by common-law rule, which limits punitive damages to the costs of litigation less taxable costs. 324 C. 402.
Cited. 8 CA 642; 16 CA 558; 43 CA 1. Section permits award of punitive damages in connection with a product liability claim involving damage to property only; punitive damages are awarded when the evidence shows a reckless indifference to the rights of others or an intentional or wanton violation of those rights. 149 CA 839.
Legislative meaning attributed to words “claimant” and “harm”, in Sec. 52-572m(c) and (d) are sufficiently broad to permit an award of punitive damages in connection with a product liability claim involving only damage to property. 39 CS 269. Cited. 42 CS 153.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-241 and 52-242. - Municipal courts; costs in contract actions. Costs on appeal from justice or municipal court.

Sections 52-241 and 52-242 are repealed.
(1949 Rev., S. 7986, 7987; 1949, S. 3189d; 1959, P.A. 28, S. 204.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-243. - Costs when plaintiff is partly successful.

If a verdict is found on any issue joined in an action in favor of the plaintiff, costs shall be allowed to him, though on some other issue the defendant should be entitled to judgment, unless the court which tried the issue is of the opinion that the defendant had probable cause to plead the matter found against him.
(1949 Rev., S. 7988; P.A. 82-160, S. 118.)
History: P.A. 82-160 replaced “the cause” with “an action” and rephrased the section.
Practice act changed former method of pleading defenses. 67 C. 377. Cited. 71 C. 198; 192 C. 301.
Section provides for costs only after a verdict in the trial court, not for costs arising from a prior appeal in which plaintiff prevailed in the Supreme Court. 187 CA 486.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-244. - When plaintiff not to recover costs.

Costs shall not be recovered by the plaintiff in any case in which he has begun an action with counts in fraud only and afterwards amends his complaint by substituting or adding counts in contract. In such case the defendant shall recover his taxable costs, and the court may, in its discretion, tax double costs in favor of the defendant.
(1949 Rev., S. 7989; P.A. 82-160, S. 119.)
History: P.A. 82-160 rephrased the section.
Cited. 63 C. 370.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-245. - False statement concerning defense. Costs.

In any case in which an affidavit has been filed by the defendant, or a statement that he has a bona fide defense has been made to the court by his attorney, and the plaintiff recovers judgment, if the court is of the opinion that such affidavit was filed or statement made without just cause or for the purpose of delay, it may allow to the plaintiff, at its discretion, double costs, together with a reasonable counsel fee to be taxed by the court.
(1949 Rev., S. 7990.)
Cited. 186 C. 673.
Cited. 4 CA 669.
Award of double costs and counsel fee under section is in trial court's discretion and its decision will not be disturbed on appeal. 5 Conn. Cir. Ct. 150.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-246. - Costs for service by indifferent person.

Costs shall not be taxed, without the written consent of the defendant, for service by an indifferent person of process commencing a civil action, if the court before which it is returnable finds that no sufficient reason existed for the deputation of an indifferent person to serve the process.
(1949 Rev., S. 7991; P.A. 82-160, S. 120.)
History: P.A. 82-160 rephrased the section.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-247. - Officer's fees on foreign attachment when garnishee not cited in.

In any action commenced by process of foreign attachment or garnishment in which any garnishee is not cited in to disclose, the court may tax and allow, or disallow, all or any part of the fees of the officer for service of the writ upon the garnishee. The fees, if disallowed by the court, shall be paid to the officer by the plaintiff.
(1949 Rev., S. 7992; P.A. 82-160, S. 121.)
History: P.A. 82-160 added “or garnishment” after “foreign attachment” and made minor technical changes.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-248. - Costs when there are more civil actions than necessary.

When two or more civil actions are pending in the same court at the same time for the recovery of the same demand, or against two or more officers, upon receipts for executions arising from the same original judgment, the court shall not allow any costs in any such action, unless it is of the opinion that the commencement of all of the actions was necessary to secure the demand.
(1949 Rev., S. 7993; P.A. 82-160, S. 122.)
History: P.A. 82-160 replaced “suits” with “civil actions” or “actions”, and “suit” with “action”.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-249a. - Costs and attorney's fee in action upon a bond substituted for a mechanic's lien.

A plaintiff who prevails in any action upon a bond which has been substituted for a mechanic's lien shall be allowed costs and a reasonable attorney's fee.
(P.A. 07-120, S. 1.)
Plaintiff is not entitled to attorney's fees under section, which was enacted after plaintiff filed mechanic's lien and substituted bond in lieu thereof, because legislature is presumed to have intended prospective application only as section creates a new substantive right and is not merely clarifying legislation. 119 CA 423.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-250. - Costs of application to dissolve injunction.

The costs of an application to dissolve an injunction may be allowed and taxed by the court, according to its discretion, in making the final decree. In any action in which a motion for the dissolution of a temporary injunction is heard before any judge when the court is not in session, the judge shall be entitled to be paid a reasonable sum for his time and expenses by the party moving for the dissolution, which shall be taxed in the bill of costs in the same manner as other costs in actions for equitable relief.
(1949 Rev., S. 7996; P.A. 82-160, S. 124; P.A. 83-587, S. 63, 96.)
History: P.A. 82-160 rephrased the section; P.A. 83-587 made a technical amendment.
Judgment for costs upon withdrawal is a “final decree”; taxation of costs allowable within the discretion of the court is not reviewable. 62 C. 490.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-251. - Expenses and counsel fees in action to construe will or for advice concerning will or trust.

In any action brought to a court of equitable jurisdiction for the construction of a will or for the advice of the court as to the administration of an estate or trust under a will or trust instrument, by any person acting in a fiduciary capacity thereunder, there shall be allowed to each of the parties to the proceeding such reasonable sum for expenses and counsel fees as the court, in its discretion, deems equitable. The allowance shall be taxed as costs in the action, to be paid out of the estate.
(1949 Rev., S. 7997; 1955, S. 3190d; P.A. 82-160, S. 125.)
History: P.A. 82-160 rephrased the section.
When expenses of litigation not payable out of estate. 50 C. 577. After settlement and distribution, executor cannot maintain a suit for construction of the will. 60 C. 398. Suit can properly be brought only by an executor or trustee claiming under the will. 63 C. 309. Provision de expenses and counsel fees is merely declaratory of existing rules of chancery practice. 65 C. 175. Where decree of lower court in part affirmed, remanding case with directions to enter judgment, with provision for allowance and costs. Id., 183. The determination of the amount to be allowed for expenses and counsel fees is a judicial matter for the court; it cannot be left to the clerk or to the parties. 72 C. 32. Cited. Id., 328. Where suit involved only one-third of estate, costs were imposed on that third. Id., 494. Trial court, in giving judgment, cannot reserve right to make allowances in case of an appeal. 82 C. 195. Costs taxed against entire estate. 102 C. 508. Against entire residuary estate. 105 C. 756. Superior Court has no power to allow counsel fees in contest over admission of will. 131 C. 224. No abuse of discretion in amount allowed by court as counsel fees. 137 C. 516. General estate liable for expenses and counsel fees; if action relates to particular property or fund, equitable principles apply. 141 C. 163. Appeals from decree of Probate Court not proceedings embraced within statute. 153 C. 490, 500. Court may not retain jurisdiction by stating in its judgment that determination of expense and counsel fee allowance would take place later. 154 C. 352, 362. Expenses and counsel fees of parties not allowed where trustee sought advice as to transactions extraneous to trust instrument on which claims were based. 157 C. 315. Plea for advice as to distribution of trust renders trust estate subject to provisions of statute. 160 C. 250. Cited. 161 C. 312; 183 C. 85; 212 C. 678.
Cited. 7 CS 235. In action by executor seeking determination of ownership of certain savings accounts, counsel fees cannot be awarded. 16 CS 391. Counsel fees in action for construction of will not chargeable against portion of will as to which there is no ambiguity. 17 CS 44. Cited. 42 CS 474.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-251a. - Costs, attorney's fees on small claims matter transferred to regular docket.

Whenever the plaintiff prevails in a small claims matter which was transferred to the regular docket in the Superior Court on the motion of the defendant, the court may allow to the plaintiff his costs, together with reasonable attorney's fees to be taxed by the court.
(P.A. 73-52; P.A. 74-183, S. 167, 291; P.A. 76-436, S. 146, 681.)
History: P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978.
Cited. 206 C. 542; 216 C. 85; 220 C. 162.
Cited. 12 CA 353. Standard of review of award of attorney's fees discussed; court did not abuse its discretion in determining that $3,500 covered reasonable attorney's fees in case where plaintiff's small claims action was for the payment of $2,500 in promised bonuses and plaintiff requested $20,874 in attorney's fees; section expressly limits recovery to reasonable fees, not the amount that was actually expended. 61 CA 60. Pro se litigants are not entitled to attorney's fees. 79 CA 366. Trial court award of attorney's fees to plaintiff upheld in matter that originated in small claims session but was ultimately transferred to complex litigation docket; purpose of statute is to deter defendants from transferring a case from small claims session and turning a relatively clear cut case into a pitched legal battle. 87 CA 687. Does not require that a party be more sophisticated than the opposing party or that a party prevail on every claim. 95 CA 652. Essential elements of section enumerated; section contains no requirement for a finding of identifiable misconduct warranting application thereof; whether to award attorney's fees and costs pursuant to section is a matter left to the sound discretion of the trial court. 161 CA 525. Defendants' decision to transfer case to the regular docket in order to file counterclaims seeking damages in excess of five thousand dollars rather than leave matter on the small claims docket and forgo raising the counterclaims was not involuntary and, therefore, rendered section applicable. 167 CA 36.
Cited. 33 CS 609. Court abused its discretion by awarding “reasonable attorneys' fees” of $300 after finding at least 50 hours of preparation were required and that reasonable rate of compensation for legal services at that time was $40 per hour. 36 CS 619. Cited. 37 CS 574; Id., 873.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-251b. - Costs and attorney's fees in action for deprivation of civil rights.

(a) In any civil action to recover damages for injury to the person or to real or personal property arising out of a violation of section 46a-58, the court may allow the prevailing party his costs, together with a reasonable attorney's fee to be taxed by the court.
(b) The provisions of subsection (a) of this section shall not be deemed: (1) To create a new cause of action against any individual, the state or any municipality, or against any officer, official or employee of the state or any municipality; or (2) to confer any new jurisdiction upon the Superior Court in any action against any individual, the state or any municipality or any officer, official or employee thereof.
(P.A. 84-36, S. 1, 2.)
Cited. 204 C. 17; 216 C. 85.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-251d. - Attorney's fees in action to establish parentage or establish, modify or enforce child support orders in temporary family assistance cases.

(a) In any civil action to establish parentage or to establish, modify or enforce child support orders in temporary family assistance cases pursuant to sections 17b-745, 46b-86, 46b-160, 46b-171, 46b-172, 46b-215 and 46b-231, the court may allow the state, when it is the prevailing party, a reasonable attorney's fee.
(b) The provisions of subsection (a) of this section shall not be deemed: (1) To create a new cause of action against any individual; or (2) to confer any new jurisdiction upon the Superior Court in any action against any individual.
(P.A. 92-253, S. 9; June 18 Sp. Sess. P.A. 97-1, S. 70, 75; June 18 Sp. Sess. P.A. 97-2, S. 109, 165; June 18 Sp. Sess. P.A. 97-7, S. 27, 38; P.A. 11-214, S. 30; P.A. 21-15, S. 144.)
History: June 18 Sp. Sess. P.A. 97-1 deleted reference to Sec. 46b-180 in Subsec. (a) and made a technical change in Subsec. (b), effective January 1, 1998; June 18 Sp. Sess. P.A. 97-2 replaced reference to “AFDC” with “TANF” in Subsec. (a), effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by replacing reference to Sec. 17b-748 with Sec. 17b-745, effective July 1, 1997; P.A. 11-214 amended Subsec. (a) to substitute “temporary family assistance” for “TANF”; P.A. 21-15 amended Subsec. (a) by replacing “paternity” with “parentage”, effective January 1, 2022.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-252. - Costs for nonappearance of party giving notice of deposition.

When a notice is given to an adverse party or his known agent or attorney, or left at his usual place of abode, that a deposition will be taken at a certain time and place, and the adverse party, or his agent or attorney, appears at such time and place for that purpose and the party giving notice does not appear or for any reason does not take the deposition at such time and place, costs shall be allowed to the adverse party at the discretion of the court before which the action is pending.
(1949 Rev., S. 7998; P.A. 82-160, S. 126.)
History: P.A. 82-160 replaced “such” with “the” where appearing.
Decree of Probate Court not an “action” within meaning of statute. 271 C. 531.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-253. - Costs in suit against manufacturers for nuisance.

Costs upon a complaint against a manufacturer under section 52-481, to abate or discontinue a nuisance, may be taxed at the discretion of the court.
(1949 Rev., S. 7999.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-256a. (Formerly Sec. 46-27). - Award of attorney's and officer's fees in contempt action.

Section 52-256a is repealed.
(1957, P.A. 23; 1959, P.A. 159; P.A. 73-373, S. 43.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-256b. - Award of attorney's and officer's fees in contempt action.

(a) When any person is found in contempt of any order or judgment of the Superior Court, the court may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.
(b) This section shall not apply to the case of any person found in contempt of an order of the Superior Court entered under sections 46b-60 to 46b-62, inclusive, 46b-81 to 46b-83, inclusive, or 46b-86, which is provided for under section 46b-87.
(P.A. 76-435, S. 7, 82; P.A. 77-452, S. 27, 72; P.A. 82-160, S. 128.)
History: P.A. 77-452 removed reference to orders or judgments of court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 inserted Subsec. indicators and made minor technical changes.
Cited. 11 CA 610; 18 CA 119; 22 CA 136; 26 CA 326. Court's award of attorney's fees had no factual basis where there was no evidence of the preparation of the case by plaintiff's counsel and no hearing on such fees, and the reasonableness of fees was not proven. 129 CA 380. In civil contempt proceeding, due process requires the opportunity for defendant to have a hearing to present her own evidence and cross-examine witnesses re the extent of plaintiffs' attorney's fees and costs. 130 CA 835.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-257a. - Fees in Circuit Court.

Section 52-257a is repealed.
(1959, P.A. 28, S. 37; 1963, P.A. 9; 1967, P.A. 628, S. 1; 1971, P.A. 870, S. 130; 1972, P.A. 108, S. 12; 281, S. 32; P.A. 74-183, S. 280, 291.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-258. - Jury fees.

The jury fee in civil actions shall be four hundred forty dollars to be paid at the time the case is claimed for the jury by the party at whose request the case is placed upon the jury docket. The jury fee shall be taxed in favor of the party paying the jury fee in the bill of costs in the action, if final judgment thereon is rendered in such party's favor.
(1949 Rev., S. 3603; 1953, 1955, S. 1971d; 1959, P.A. 28, S. 212; 1967, P.A. 628, S. 2; 1971, P.A. 40, S. 12; 1972, P.A. 281, S. 33; P.A. 74-183, S. 90, 291; P.A. 76-436, S. 136, 681; P.A. 77-576, S. 63, 65; P.A. 80-387, S. 2; P.A. 82-160, S. 130; P.A. 83-577, S. 3; P.A. 89-219, S. 3, 10; May Sp. Sess. P.A. 92-6, S. 84, 117; P.A. 97-309, S. 12, 23; 97-322, S. 7, 9; May 9 Sp. Sess. P.A. 02-1, S. 103; P.A. 09-152, S. 1; P.A. 16-26, S. 2.)
History: 1959 act included circuit court; 1967 act increased jury fee from $20 to $30 for jury of six and from $50 to $100 for jury of twelve; 1971 act deleted provisions re fees for juries of twelve, the option for full jury having been repealed; 1972 act raised jury fee from $30 to $40, effective September 1, 1972; P.A. 74-183 removed circuit court actions from scope of section, reflecting transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 76-436 amended section to reflect transfer of all trial jurisdiction to superior court by deleting specific reference to actions in superior court or court of common pleas, effective July 1, 1978; P.A. 77-576 raised jury fee to $45, effective July 1, 1978; P.A. 80-387 raised fee to $60, effective October 1, 1980; P.A. 82-160 rephrased the section; P.A. 83-577 raised fee from $60 to $80; P.A. 89-219 raised fee to $100; May Sp. Sess. P.A. 92-6 raised fee to $250; P.A. 97-309 increased fee to $300, effective July 1, 1997; P.A. 97-322 changed effective date of P.A. 97-309 but without affecting this section; May 9 Sp. Sess. P.A. 02-1 raised fee from $300 to $350, effective July 1, 2002; P.A. 09-152 substituted $425 for $350 re jury fee and made a technical change, effective July 1, 2009; P.A. 16-26 increased jury fee from $425 to $440, effective July 1, 2016.
Requirement that defendant in paternity action pay jury fee did not deprive him of fundamental right. 170 C. 367.
Cited. 28 CA 693.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-259d. - Additional fee for civil causes.

Section 52-259d is repealed, effective July 1, 2004.
(June Sp. Sess. P.A. 01-9, S. 10, 131; May Sp. Sess. P.A. 04-2, S. 112.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 901 - Damages, Costs and Fees › Section 52-262. - Fees for signing process, administering oaths, acknowledgments.

Any person legally authorized, except when otherwise provided and except for judges, prosecutors and clerks of court, shall be paid the following fees: (1) For signing an attachment, summons, warrant or subpoena, taking a bond or recognizance or an affidavit, or administering an oath out of court, ten cents; (2) for taking the acknowledgment of any instrument, or signing and issuing a subpoena or capias, twenty-five cents; and (3) for causing notices of the seizure of intoxicating liquors to be posted, or issuing an order for their destruction, fifty cents.
(1949 Rev., S. 3635; 1959, P.A. 473, S. 1; 1967, P.A. 628, S. 4; P.A. 82-160, S. 134.)
History: 1959 act doubled fee for issuing execution and deleted fees for drawing complaint and warrant for an informing officer, for each succeeding page and for issuing and issuing a mittimus; 1967 act excepted payment to judges, prosecutors and clerks and deleted fee for issuing execution; P.A. 82-160 rephrased the section and inserted Subdiv. indicators.
Cited. 196 C. 451.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 902 - Appeals to the Supreme Court › Section 52-264. - Judges of Supreme Court to make rules for appeals and writs of error.

The judges of the Supreme Court shall make such orders and rules as they deem necessary concerning the practice and procedure in the taking of appeals and writs of error, and concerning the giving of security by the appealing party, the stay of execution during the pendency of appeal, the payment of costs and the taxation of reasonable costs when the same have not been fixed by statute.
(1949 Rev., S. 8012; 1957, P.A. 651, S. 32; P.A. 82-160, S. 136; P.A. 19-64, S. 18.)
History: P.A. 82-160 made a technical correction; P.A. 19-64 deleted “to the Supreme Court”, effective September 1, 2019.
Cited. 111 C. 75; 122 C. 464; 123 C. 655; 135 C. 267; Id., 412; 159 C. 481.
Cited. 15 CS 273.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 902 - Appeals to the Supreme Court › Section 52-265a. - Direct appeal on questions involving the public interest.

(a) Notwithstanding the provisions of sections 52-264 and 52-265, any party to an action who is aggrieved by an order or decision of the Superior Court in an action which involves a matter of substantial public interest and in which delay may work a substantial injustice, may appeal under this section from the order or decision to the Supreme Court within two weeks from the date of the issuance of the order or decision. The appeal shall state the question of law on which it is based.
(b) The Chief Justice shall, within one week of receipt of the appeal, rule whether the issue involves a substantial public interest and whether delay may work a substantial injustice.
(c) Upon certification by the Chief Justice that a substantial public interest is involved and that delay may work a substantial injustice, the trial judge shall immediately transmit a certificate of his decision, together with a proper finding of fact, to the Chief Justice, who shall thereupon call a special session of the Supreme Court for the purpose of an immediate hearing upon the appeal.
(d) The Chief Justice may make orders to expedite such appeals, including orders specifying the manner in which the record on appeal may be prepared.
(1967, P.A. 895; P.A. 76-436, S. 140, 681; P.A. 82-160, S. 138.)
History: P.A. 76-436 removed appeals from orders or decisions of 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.
Cited. 192 C. 704; 194 C. 677; 195 C. 303; Id., 384; 196 C. 451; 199 C. 667; 202 C. 252; Id., 405; Id., 660; 204 C. 212; 208 C. 156; Id., 329; Id., 515; 212 C. 258; 216 C. 253; 217 C. 303; 221 C. 346; 222 C. 331; 225 C. 305; 226 C. 757; 227 C. 545; 233 C. 557; 235 C. 206; Id., 671; 239 C. 93; 241 C. 282; 242 C. 409. Discovery order in insurance coverage case is appealable since such order directly involved attorney-client privilege, and could compromise such privilege in claims litigated in other jurisdictions and prejudice plaintiff's handling of ongoing and future actions due to the knowledge that communications with clients might not be kept confidential. 249 C. 36. Late petition for certification to appeal was proper under section where it was clear that Supreme Court had jurisdiction over certified matter and the facts of the case militated in favor of choosing the most expeditious route to avoid potentially irreparable harm to intervenors. 302 C. 162. A crime victim is not a party to the criminal proceeding in the trial court and is therefore precluded from pursuing an appeal under section. 304 C. 330.
Cited. 22 CA 73; 29 CA 105; Id., 716; 32 CA 340; 37 CA 269; Id., 694.
Cited. 37 CS 541.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 902 - Appeals to the Supreme Court › Section 52-266. - Several issues; new trial to be limited to issue in error.

If several issues are presented by the pleadings and, on the trial of one or more of such issues, an error or ground for a new trial intervenes which does not affect the legality of the trial or disposition of the other issue or issues, judgment shall not be arrested or reversed, nor a new trial granted, except so far as relates to the particular issue or issues in the trial of which such error or ground for a new trial intervened.
(1949 Rev., S. 8007.)
Reversal vacates whole judgment if it is not separable. 4 C. 196; 77 C. 537; 78 C. 202. But if erroneous portion is separable, new trial may be restricted to that portion; 1 R. 138; 8 C. 458; 15 C. 101; 31 C. 62; 32 C. 15; 64 C. 320; 72 C. 657; 76 C. 585; 80 C. 402; as in assessment of damages; 64 C. 320; 68 C. 237; 71 C. 452; 72 C. 617; 74 C. 546; 75 C. 197; 79 C. 189; 94 C. 507; 105 C. 662; 107 C. 72, 586; 108 C. 561; but error as to damages requires new trial unless way they were determined appears; 93 C. 413; in suits for construction of will; 65 C. 183; 67 C. 19; or only error is as to relief given; 79 C. 284; 105 C. 662; 107 C. 72; or in form of judgment. 74 C. 661. When proper to grant new trial as to certain issues. 94 C. 507; 107 C. 72. Where judgment is for one defendant and against rest, judgment for former may be separately affirmed. 71 C. 64; 78 C. 285. Judgment doubling or trebling damages may be reversed as to that part alone. 66 C. 578; 87 C. 253. If erroneous ruling as to damages enters into whole judgment, all falls. 67 C. 400. Where error lies at basis of judgment and justice requires retrial. 81 C. 467. Where injunction granted was too broad. 70 C. 516. Where judgment in contract action against two is reversed as to one. 75 C. 605. Where judgment is joint and only one party appeals. 89 C. 214. A judgment against several tortfeasors may be reversed as to some only. 83 C. 29. A part of a decree affecting one party, as to which no one objected, not disturbed. Id., 700. Where trial court improperly passed on question, cause was remanded with directions to enter judgment on portion properly determined. 65 C. 183. Whether trial court can require new trial as to one issue, quaere. 81 C. 104. Portion of judgment granting injunction may be set aside, rest affirmed. 90 C. 108. Part of probate decree may be set aside, rest affirmed. 92 C. 286. When general verdict rendered, and no interrogatories submitted, new trial will not be granted for error in trial of one count of complaint. 98 C. 62; 100 C. 321, 493; 104 C. 28. Only remedy for erroneous refusal to direct verdict is grant of a new trial. 107 C. 733. Cited. 182 C. 366; 190 C. 791; 191 C. 282; 207 C. 308.
Cited. 4 CA 46; 26 CA 1. Section empowers court to order a retrial restricted in scope to a unique issue or issues. 63 CA 199.
Cited. 6 Conn. Cir. Ct. 240. No right to jury trial in a summary process proceeding in which no money damages are claimed. Id., 246.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 902 - Appeals to the Supreme Court › Section 52-267. - Judge dying or ceasing to hold office at the time of decision; cause remanded to court rendering decision.

If, at the time of the decision upon an appeal from the judgment of a judge, the judge rendering the judgment has died, ceased to hold office or become incapable of performing his duties, the Supreme Court or Appellate Court, as the case may be, shall remand the action to the court in which the decision was filed. The court shall proceed to final judgment thereon and issue execution for the costs thereof in the same manner as if the action had been tried and decided by such court.
(1949 Rev., S. 8008; P.A. 82-160, S. 139; June Sp. Sess. P.A. 83-29, S. 43, 82.)
History: P.A. 82-160 replaced “such cause” with “the action” and rephrased the section; June Sp. Sess. P.A. 83-29 included reference to appellate court.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 902 - Appeals to the Supreme Court › Section 52-268. - New trial when judge, stenographer or court reporter dies or becomes incapacitated and review of errors not possible.

(a) Any party who intends to appeal or has appealed a final judgment of the Superior Court, or of a judge thereof, an appeal from which properly lies, may move the court in writing for a new trial if the judge who rendered judgment, or the stenographer or court reporter who took the testimony at the original trial therein if his stenographic notes are not decipherable, has died or become incapable of taking the action necessary for the appeal, and the party had complied with the rules relating to the taking of appeals before such death or incapacity.
(b) The motion shall be filed in the court within ten days after the death or incapacity of the judge or stenographer or court reporter has become known to the party appealing from the judgment.
(c) The motion shall contain a statement of errors which are claimed to have occurred in the trial of the matter.
(d) After hearing the motion, the court shall grant a new trial if, in its opinion, the errors claimed to have been committed are of such a nature as fairly entitle the party appealing to a review of the errors by appeal and a review of the errors cannot otherwise be had.
(1949 Rev., S. 8009; 1959, P.A. 28, S. 119; 1967, P.A. 25, S. 1; P.A. 74-183, S. 94, 291; P.A. 76-436, S. 485, 681; P.A. 82-160, S. 140.)
History: 1959 act deleted reference to judgments rendered in municipal courts which were abolished; 1967 act added circuit court to purview of section; P.A. 74-183 removed circuit court from purview of section, reflecting transfer of its functions in reorganization of judicial system, 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.
Rule before act was passed. 76 C. 534; 105 C. 718. Does not apply to constitutional incapacity arising where judge becomes disqualified because of age after judgment and before finding made; scope of section is mental or physical incapacity. 97 C. 565. Cited. 105 C. 718. Allegations which a motion under section should contain, stated. 134 C. 480. Court's conclusion that notes were decipherable and transcript substantially correct, upheld. 136 C. 705. Although referee died before making finding requested by appellants, new trial properly denied as issues raised on appeal were matters of law not requiring the finding. 168 C. 135. Cited. 195 C. 60; 213 C. 486.
Defendant's oral motion for new trial which did not include the necessary statement of errors does not satisfy requirements of section. 69 CA 21.
Cited. 14 CS 503. Statute not applicable when judge dies after directed verdict and before decision on motion to set aside verdict. 25 CS 60. Statute only applicable when judge dies after final judgment. 46 CS 650.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 902 - Appeals to the Supreme Court › Section 52-269. - Record fee in Supreme Court.

Section 52-269 is repealed.
(1949 Rev., S. 8011; 1959, P.A. 547; 1963, P.A. 416, S. 2; P.A. 82-160, S. 141; P.A. 83-577, S. 5; June Sp. Sess. P. A. 91-3, S. 167, 168.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903 - New Trials › Section 52-270a and 52-271. - Period in which new trial may be brought; affidavit evidence of want of notice. New trial in justice suit where judgment rendered prior to January 1, 1961.

Sections 52-270a and 52-271 are repealed.
(1949 Rev., S. 8014; 1959, P.A. 28, S. 203; P.A. 76-93, S. 2–4; 76-436, S. 141, 681; P.A. 78-280, S. 1, 127; P.A. 82-160, S. 259.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903 - New Trials › Section 52-272 and 52-273. - Writs of error in matters of law only; return days. Writ of error; limitations.

Sections 52-272 and 52-273 are repealed, effective June 26, 2003.
(1949 Rev., S. 8015, 8016; March, 1958, P.A. 27, S. 66; 1959, P.A. 28, S. 121; P.A. 74-183, S. 96, 291; P.A. 82-160, S. 143; P.A. 03-176, S. 3.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903 - New Trials › Section 52-274. - Writs of error from summary process judgments.

Section 52-274 is repealed.
(1949 Rev., S. 8017; March, 1958, P.A. 27, S. 67; 1959, P.A. 28, S. 204.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903 - New Trials › Section 52-275 to 52-278. - Allowance and signing of writs of error. Service and return of writs of error. Judgment on affirmance or withdrawal of writ of error. Execution on judgment while writ of error pending.

Sections 52-275 to 52-278, inclusive, are repealed, effective June 26, 2003.
(1949 Rev., S. 8018–8021; P.A. 74-183, S. 97, 291; P.A. 76-436, S. 487, 681; P.A. 82-160, S. 144; P.A. 03-176, S. 3.)
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278a. - Definitions.

The following terms, as used in sections 52-278a to 52-278g, inclusive, shall have the following meanings, unless a different meaning is clearly indicated from the context:
(a) “Commercial transaction” means a transaction which is not a consumer transaction.
(b) “Consumer transaction” means a transaction in which a natural person obligates himself to pay for goods sold or leased, services rendered or moneys loaned for personal, family or household purposes.
(c) “Person” means and includes individuals, partnerships, associations, limited liability companies and corporations.
(d) “Prejudgment remedy” means any remedy or combination of remedies that enables a person by way of attachment, foreign attachment, garnishment or replevin to deprive the defendant in a civil action of, or affect the use, possession or enjoyment by such defendant of, his property prior to final judgment but shall not include a temporary restraining order.
(e) “Property” means any present or future interest in real or personal property, goods, chattels or choses in action, whether such is vested or contingent.
(P.A. 73-431, S. 1, 8; 73-616, S. 65, 67; P.A. 86-403, S. 84, 132; P.A. 95-79, S. 176, 189.)
History: P.A. 73-616 made technical correction in original act; P.A. 86-403 made technical change in Subdiv. (b); P.A. 95-79 redefined “person” to include limited liability companies, effective May 31, 1995.
Cited. 172 C. 577; 176 C. 432; 178 C. 393; 181 C. 524; 184 C. 85; 188 C. 69; 196 C. 359; 208 C. 13; 220 C. 904; 222 C. 361; Id., 541; 238 C. 172.
Cited. 4 CA 510; 5 CA 296; 6 CA 591; 14 CA 579; 19 CA 256; 28 CA 809; 29 CA 48; 32 CA 118; 46 CA 399.
Self-help repossession is not covered by prejudgment remedies act. 31 CS 152. Cited. 38 CS 98.
Subdiv. (d):
“Combination” of prejudgment remedies limited to combination of the four remedies enumerated in definition of “prejudgment remedy”. 261 C. 721.
May not be extended to include a temporary injunction so as to permit appeal of an injunction under Sec. 52-278
l
. 25 CA 28.
Meaning of “final judgment” discussed; prejudgment remedy available to prevailing plaintiff while case on appeal. 35 CS 49.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278b. - Availability of prejudgment remedy.

Notwithstanding any provision of the general statutes to the contrary, no prejudgment remedy shall be available to a person in any action at law or equity (1) unless he has complied with the provisions of sections 52-278a to 52-278g, inclusive, except an action upon a commercial transaction wherein the defendant has executed a waiver as provided in section 52-278f, or (2) for the garnishment of earnings as defined in subdivision (5) of section 52-350a.
(P.A. 73-431, S. 2, 8; P.A. 90-149, S. 2.)
History: P.A. 90-149 added Subdiv. (2) prohibiting the garnishment of earnings as a prejudgment remedy.
Cited. 176 C. 432; 181 C. 524; 184 C. 85; 188 C. 69; 208 C. 13; 222 C. 361; Id., 541; 232 C. 216.
Cited. 1 CA 188; 4 CA 510; 14 CA 579; 28 CA 809; 32 CA 118; 33 CA 223; 34 CA 801; 46 CA 399.
Cited. 38 CS 98. Subdiv. (2): Since commissions a real estate salesperson receive are debts accruing by reason of personal service, they are “earnings” under Sec. 52-350a(5) and are exempt from garnishment in a prejudgment remedy application. 50 CS 460.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278f. - Issuance of prejudgment remedy when defendant in commercial transaction has waived notice and hearing.

In an action upon a commercial transaction, as defined in section 52-278a, wherein the defendant has waived his right to a notice and hearing under sections 52-278a to 52-278g, inclusive, the attorney for the plaintiff shall issue the writ for a prejudgment remedy without securing a court order provided that (1) the complaint shall set forth a copy of the waiver; (2) the plaintiff shall file an affidavit sworn to by the plaintiff or any competent affiant setting forth a statement of facts sufficient to show that there is probable cause that a judgment in the amount of the prejudgment remedy sought, or in an amount greater than the amount of the prejudgment remedy sought, taking into account any known defenses, counterclaims or set-offs, will be rendered in the matter in favor of the plaintiff; and (3) the plaintiff shall include in the process served on the defendant a notice satisfying the requirements of subsections (b) and (c) of section 52-278e.
(P.A. 73-431, S. 6, 8; P.A. 91-315, S. 2, 5; P.A. 93-431, S. 4, 10.)
History: P.A. 91-315 added Subdiv. (2) requiring the plaintiff to file an affidavit setting forth facts showing there is probable cause to sustain his claim and Subdiv. (3) requiring the plaintiff to provide a notice to the defendant satisfying the requirements of Sec. 52-278e(b); P.A. 93-431 amended Subdiv. (2) to require the affidavit to contain facts sufficient to show that there is probable cause “that a judgment in the amount of the prejudgment remedy sought, or in an amount greater than the amount of the prejudgment remedy sought, taking into account any known defenses, counterclaims or set-offs, will be rendered in the matter in favor of the plaintiff” rather than that there is probable cause “to sustain the validity of the plaintiff's claim” and amended Subdiv. (3) to add reference to Sec. 52-278e(c), effective January 1, 1994.
Cited. 172 C. 577; 176 C. 432; 181 C. 524; 184 C. 85; 188 C. 69; 208 C. 13; 222 C. 361; 226 C. 773; 238 C. 778.
Cited. 14 CA 579; 28 CA 809; 29 CA 48; 32 CA 118; 42 CA 763; 46 CA 399.
Cited. 38 CS 98.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278g. - Motion to preserve existing prejudgment remedies.

A plaintiff who has secured a prejudgment remedy prior to May 30, 1973, may make a motion to the court in which such action is pending for a hearing as set forth in section 52-278d with notice thereof to the defendant or his attorney. If the court, upon consideration of the facts before it, finds that the plaintiff has shown probable cause to sustain the validity of his claim, such prejudgment remedy secured shall be effective from the date of such hearing and an order to that effect shall be issued by the court. Any such prejudgment remedy which is not perfected on or before October 1, 1977, shall be void and of no effect.
(P.A. 73-431, S. 7, 8; P.A. 77-156, S. 1, 2.)
History: P.A. 77-156 added provision specifying that prejudgment remedies not perfected on or before October 1, 1977, are “void and of no effect”.
Dissolution of attachments is limited to causes provided for by statute; section does not require dissolution of preexisting attachments, and is read as permitting validation of preexisting attachments. 168 C. 41. Cited. 176 C. 432; 181 C. 42; Id., 524; 184 C. 85; 188 C. 69; 208 C. 13; 222 C. 361.
Cited. 6 CA 591; 14 CA 579; 28 CA 809; 32 CA 118.
Notice sufficient to satisfy due process requirements involved in a prejudgment attachment is provided for in Sec. 52-278g. 32 CS 13. Cited. 38 CS 98.
2023 Connecticut General Statutes › Title 52 - Civil Actions › Chapter 903a - Prejudgment Remedies › Section 52-278h. - Application for prejudgment remedy filed by the plaintiff.

The provisions of this chapter shall apply to any application for prejudgment remedy filed by the plaintiff at any time after the institution of the action, and the forms and procedures provided therein shall be adapted accordingly.
(P.A. 75-459, S. 2, 3.)
Cited. 188 C. 69; 222 C. 361.
Cited. 2 CA 388; 28 CA 809; 32 CA 118; 34 CA 22; Id., 801. This section and Sec. 52-278m control where present action has already been instituted. 54 CA 394. Requirements of section were fulfilled where service of original action and service of subsequent application for prejudgment remedy were valid and the application came after valid service of the original complaint. 80 CA 111.
Application for prejudgment remedy “at any time after” institution of action intended by legislature to be a broad expansion of time in which remedy could be used. 35 CS 49. Cited. 38 CS 98.