Table of Contents Sec. 52-143. Subpoenas for witnesses. Penalty for failure to appear and testify.
(a) Subpoenas for witnesses shall be signed by the clerk of the court or a commissioner
of the Superior Court and shall be served by an officer, indifferent person or, in any
criminal case in which a defendant is represented by a public defender or special public
defender, by an investigator of the Division of Public Defender Services. The subpoena
shall be served not less than eighteen hours prior to the time designated for the person
summoned to appear, unless the court orders otherwise. Sec. 52-144. Form of subpoena. The form of a subpoena may be as follows: J. K., (title of officer authorized to sign subpoena). (1949 Rev., S. 7867; 1955, S. 3151d; P.A. 79-6; P.A. 82-160, S. 60.) Sec. 52-145. Certain witnesses not disqualified. Credibility. (a) A person shall
not be disqualified as a witness in any action because of, (1) his interest in the outcome
of the action as a party or otherwise, (2) his disbelief in the existence of a supreme being,
or (3) his conviction of crime. Sec. 52-146. Wife as a witness against her husband. A wife may be compelled
to testify in any action brought against her husband for necessaries furnished her while
living apart from him. Sec. 52-146a. Transferred to Sec. 52-146d. Sec. 52-146b. Privileged communications made to clergymen. A clergyman,
priest, minister, rabbi or practitioner of any religious denomination accredited by the
religious body to which he belongs who is settled in the work of the ministry shall not
disclose confidential communications made to him in his professional capacity in any
civil or criminal case or proceedings preliminary thereto, or in any legislative or administrative proceeding, unless the person making the confidential communication waives
such privilege herein provided. Sec. 52-146c. Privileged communications between psychologist and patient.
(a) As used in this section: Sec. 52-146d. (Formerly Sec. 52-146a). Privileged communications between
psychiatrist and patient. Definitions. As used in sections 52-146d to 52-146i, inclusive: Sec. 52-146e. Disclosure of communications. (a) All communications and records as defined in section 52-146d shall be confidential and shall be subject to the provisions of sections 52-146d to 52-146j, inclusive. Except as provided in sections 52-146f
to 52-146i, inclusive, no person may disclose or transmit any communications and records or the substance or any part or any resume thereof which identify a patient to any
person, corporation or governmental agency without the consent of the patient or his
authorized representative. Sec. 52-146f. Consent not required for disclosure, when. Consent of the patient
shall not be required for the disclosure or transmission of communications or records
of the patient in the following situations as specifically limited: Sec. 52-146g. Access to communications and records by persons engaged in
research. (a) A person engaged in research may have access to psychiatric communications and records which identify patients where needed for such research, if such person's
research plan is first submitted to and approved by the director of the mental health
facility or his designee. Sec. 52-146h. Transfer of information to Commissioner of Mental Health and
Addiction Services. Storage of records and communications. (a) Any facility or individual under contract with the Department of Mental Health and Addiction Services to
provide behavioral health services shall transmit information and records, if requested,
to the Commissioner of Mental Health and Addiction Services pursuant to his obligation
under section 17a-451 to maintain the overall responsibility for the care and treatment
of persons with psychiatric disorders or substance use disorders. The Commissioner of
Mental Health and Addiction Services may collect and use the information and records
for administration, planning or research, subject to the provisions of section 52-146g.
The Commissioner of Mental Health and Addiction Services may enter into contracts
within the state and into interstate compacts for the efficient storage and retrieval of the
information and records. Sec. 52-146i. Labeling of confidential records. All written communications or
records disclosed to another person or agency shall bear the following statement: "The
confidentiality of this record is required under chapter 899 of the Connecticut general
statutes. This material shall not be transmitted to anyone without written consent or
other authorization as provided in the aforementioned statutes." A copy of the consent
form specifying to whom and for what specific use the communication or record is
transmitted or a statement setting forth any other statutory authorization for transmittal
and the limitations imposed thereon shall accompany such communication or record.
In cases where the disclosure is made orally, the person disclosing the information shall
inform the recipient that such information is governed by the provisions of sections 52-
146d to 52-146j, inclusive. Sec. 52-146j. Judicial relief. (a) Any person aggrieved by a violation of sections
52-146d to 52-146j, inclusive, may petition the superior court for the judicial district in
which he resides, or, in the case of a nonresident of the state, the superior court for the
judicial district of Hartford, for appropriate relief, including temporary and permanent
injunctions, and the petition shall be privileged with respect to assignment for trial. Sec. 52-146k. Privileged communications between battered women's or sexual assault counselor and victim. (a) As used in this section: Sec. 52-146l. Disclosure of privileged communication by interpreter prohibited. Any confidential communication which is deemed to be privileged under any
provision of the general statutes or under the common law made by a person with the
assistance of an interpreter shall not be disclosed by such interpreter in any civil or
criminal case or proceeding or in any legislative or administrative proceeding, unless
the person making the confidential communication waives such privilege. Sec. 52-146m. Communication made by or to deaf or hearing impaired person
with assistance of operator of special telecommunications equipment deemed privileged. Any communication made by or to a deaf or hearing impaired person with the
assistance of a person operating special telecommunications equipment capable of serving the needs of deaf or hearing impaired persons shall be deemed to be confidential
and privileged and shall not be disclosed by such operator in any civil or criminal case
or proceeding or in any legislative or administrative proceeding, unless the person making the confidential communication waives such privilege. Sec. 52-146n. Disclosure of confidential communications between Judicial Department employee and employee assistance program counselor prohibited. Information re participation in employee assistance program. (a) For purposes of this
section: Sec. 52-146o. Disclosure of patient communication or information by physician, surgeon or health care provider prohibited. (a) Except as provided in sections
52-146c to 52-146j, inclusive, and subsection (b) of this section, in any civil action
or any proceeding preliminary thereto or in any probate, legislative or administrative
proceeding, a physician or surgeon, as defined in subsection (b) of section 20-7b, shall
not disclose (1) any communication made to him by, or any information obtained by
him from, a patient or the conservator or guardian of a patient with respect to any actual
or supposed physical or mental disease or disorder or (2) any information obtained by
personal examination of a patient, unless the patient or his authorized representative
explicitly consents to such disclosure. Sec. 52-146p. Disclosure of privileged communications between marital and
family therapist and person consulting such therapist prohibited. Exceptions. (a)
As used in this section: Sec. 52-146q. Disclosure of confidential communications between social
worker and person consulting such social worker prohibited. Exceptions. (a) As
used in this section: Sec. 52-146r. Disclosure of confidential communications between government
attorney and public official or employee of public agency prohibited. (a) As used
in this section: Sec. 52-146s. Disclosure of confidential information between professional
counselor and person consulting such professional counselor prohibited. Exceptions. (a) As used in this section: Sec. 52-147. Written statements in actions to recover damages for personal
injuries. In any action to recover damages for personal injuries no written statement
concerning the facts out of which the cause of action arose given by either party to the
other, or to his agent, attorney or insurer, shall be admissible in evidence unless the
name and address of the person taking such statement appears thereon and unless a copy
thereof is retained by the party giving such statement or delivered to him at the time
such statement was given or within thirty days thereafter. Sec. 52-148. Depositions in civil actions and probate proceedings. Section 52-
148 is repealed. Sec. 52-148a. Taking of depositions. When court order necessary. (a) Any party
in a civil action or probate proceeding may, after the commencement of such action or
proceeding, take the testimony of any person by deposition. Sec. 52-148b. Notice of taking of deposition. (a) No party may take the deposition
of any person unless he has first given reasonable written notice to each adverse party
or his known agent or attorney of the time and place for taking the deposition and the
name and address of each person to be examined, if known, and, if the name is not
known, a general description sufficient to identify him or the particular class or group
to which he belongs. Such notice shall be served by an indifferent person at the usual
place of abode of each person entitled to notice or by mailing such notice to him by
certified mail. Sec. 52-148c. Before whom depositions may be taken. (a) Within this state, depositions shall be taken before a judge or clerk of any court, justice of the peace, notary
public or commissioner of the Superior Court. Sec. 52-148d. Requirements for taking of depositions. Party subject to taking
of deposition. (a) All witnesses or parties giving depositions shall be cautioned to speak
the whole truth and be carefully examined, and shall subscribe their depositions, and
make oath before the authority taking the depositions. Sec. 52-148e. Issuance of subpoena for taking of depositions. Deposition to be
used outside the state. (a) Each judge or clerk of any court, justice of the peace, notary
public or Commissioner of the Superior Court, in this state, may issue a subpoena, upon
request, for the appearance of any witness before him to give his deposition in a civil
action or probate proceeding, if the party seeking to take such person's deposition has
complied with the provisions of sections 52-148a and 52-148b and may take his deposition, each adverse party or his agent being present or notified. Sec. 52-149. Depositions of persons sixty years old. Section 52-149 is repealed. Sec. 52-149a. Depositions of medical witnesses. (a) The deposition of any physician, psychologist, chiropractor, natureopathic physician or dentist licensed under the
provisions of the general statutes, may be taken on behalf of either party to any civil
action, workers' compensation matter or probate proceeding, in which the physician,
psychologist, chiropractor, natureopathic physician or dentist may be called as an expert
witness, on notice by certified mail to each adverse party or the party's attorney, as the
case may be. The deposition may be received in evidence at the trial or hearing of
the civil action, workers' compensation matter or probate proceeding in lieu of the
appearance of the witness in court or at the hearing. The deposition may be taken by
stenographic means, videotape or in such other manner as may be provided by rule of
court or of the compensation commissioners.
Sec. 52-143. Subpoenas for witnesses. Penalty for failure to appear and testify.
Sec. 52-144. Form of subpoena.
Sec. 52-145. Certain witnesses not disqualified. Credibility.
Sec. 52-146. Wife as a witness against her husband.
Sec. 52-146a.
Sec. 52-146b. Privileged communications made to clergymen.
Sec. 52-146c. Privileged communications between psychologist and patient.
Sec. 52-146d. (Formerly Sec. 52-146a). Privileged communications between psychiatrist and
patient. Definitions.
Sec. 52-146e. Disclosure of communications.
Sec. 52-146f. Consent not required for disclosure, when.
Sec. 52-146g. Access to communications and records by persons engaged in research.
Sec. 52-146h. Transfer of information to Commissioner of Mental Health and Addiction Services. Storage of records and communications.
Sec. 52-146i. Labeling of confidential records.
Sec. 52-146j. Judicial relief.
Sec. 52-146k. Privileged communications between battered women's or sexual assault counselor and victim.
Sec. 52-146l. Disclosure of privileged communication by interpreter prohibited.
Sec. 52-146m. Communication made by or to deaf or hearing impaired person with assistance
of operator of special telecommunications equipment deemed privileged.
Sec. 52-146n. Disclosure of confidential communications between Judicial Department employee and employee assistance program counselor prohibited. Information re participation
in employee assistance program.
Sec. 52-146o. Disclosure of patient communication or information by physician, surgeon or
health care provider prohibited.
Sec. 52-146p. Disclosure of privileged communications between marital and family therapist and person consulting such therapist prohibited. Exceptions.
Sec. 52-146q. Disclosure of confidential communications between social worker and person
consulting such social worker prohibited. Exceptions.
Sec. 52-146r. Disclosure of confidential communications between government attorney and
public official or employee of public agency prohibited.
Sec. 52-146s. Disclosure of confidential information between professional counselor and
person consulting such professional counselor prohibited. Exceptions.
Sec. 52-147. Written statements in actions to recover damages for personal injuries.
Sec. 52-148. Depositions in civil actions and probate proceedings.
Sec. 52-148a. Taking of depositions. When court order necessary.
Sec. 52-148b. Notice of taking of deposition.
Sec. 52-148c. Before whom depositions may be taken.
Sec. 52-148d. Requirements for taking of depositions. Party subject to taking of deposition.
Sec. 52-148e. Issuance of subpoena for taking of depositions. Deposition to be used outside the state.
Sec. 52-149. Depositions of persons sixty years old.
Sec. 52-149a. Depositions of medical witnesses.
Sec. 52-150. Interested persons not to write depositions.
Sec. 52-151. Custody and opening of depositions.
Sec. 52-152. Depositions of persons in armed forces.
Secs. 52-153 and 52-154. Subpoena to deponent; commitment. Commission to take deposition
of nonresident; notice where whereabouts of adverse party unknown.
Sec. 52-155. Depositions before commissioner appointed by other jurisdiction. Compulsory
process for witnesses.
Sec. 52-156. Preservation of the testimony of a witness.
Sec. 52-156a. Deposition to perpetuate testimony before action or pending appeal.
Sec. 52-157. Taking of deposition may be adjourned.
Sec. 52-158. Deposition may be used in Appellate Court.
Sec. 52-159. Deposition may be used in another action.
Sec. 52-159a. Disclosure of names or reports of plaintiff's expert witnesses in malpractice action.
Sec. 52-160. Admissibility in subsequent trial of testimony of witness recorded in former
trial.
Sec. 52-161. Transcript of stenographer's or court reporter's record part of official
record.
Sec. 52-161a. Subpoenaing of court reporter as witness.
Sec. 52-162. Exemplification of laws of other states.
Sec. 52-163. Judicial notice of special acts, regulations of state and municipal agencies
and municipal ordinances.
Sec. 52-163a. Determination of the law of jurisdictions outside this state.
Sec. 52-164. Reports of judicial decisions of other states.
Sec. 52-165. Records of corporations and public offices.
Sec. 52-166. Orders of state officials.
Sec. 52-167. Corporation certificates; copies as prima facie evidence.
Sec. 52-168. U.S. revenue stamps on recorded documents.
Sec. 52-169. Protests of bills and notes.
Sec. 52-170. Records of directors of health and religious societies.
Sec. 52-171. Sworn copies of files and records.
Sec. 52-172. Declarations and memoranda of deceased persons.
Sec. 52-173. Entries admissible for those claiming title from decedent.
Sec. 52-174. Admissibility of records and reports of certain expert witnesses as business
entries.
Sec. 52-174a. Admissibility of reports or bills re pregnancy, childbirth or genetic or
blood testing as business record.
Sec. 52-175. Entries and memoranda of mentally ill and incapable persons.
Sec. 52-175a. Negligence action, construction of acts of blind person.
Sec. 52-176. Promise to pay barred debt to be in writing.
Sec. 52-177. Action on bond. Burden of proving value of principal's interest.
Sec. 52-178. Adverse party or officer, agent or employee thereof may be compelled to
testify.
Sec. 52-178a. Physical examination of plaintiff, when.
Sec. 52-179. Seal and its equivalent.
Sec. 52-180. Admissibility of business entries and photographic copies.
Sec. 52-180a. Admissibility of out-of-state hospital record or bill for treatment.
Sec. 52-181. Evidence of death or capture.
Sec. 52-182. Presumption of family car or motorboat in operation by certain person.
Sec. 52-183. Presumption of agency in motor vehicle operation.
Sec. 52-184.
Sec. 52-184a. Evidence obtained illegally by electronic device inadmissible.
Sec. 52-184b. Failure to bill and advance payments inadmissible in malpractice cases.
Sec. 52-184c. Standard of care in negligence action against health care provider. Qualifications of expert witness.
(b) Any subpoena summoning a police officer as a witness may be served upon the
chief of police or any person designated by the chief of police at the appropriate police
station who shall act as the agent of the police officer named in the subpoena. Service
upon the agent shall be deemed to be service upon the police officer.
(c) Any subpoena summoning a correctional officer as a witness may be served
upon a person designated by the Commissioner of Correction at the correctional facility
where the correctional officer is assigned who shall act as the agent of the correctional
officer named in the subpoena. Service upon the agent shall be deemed to be service
upon the correctional officer.
(d) Subpoenas for witnesses summoned by the state, including those issued by the
Attorney General or an assistant attorney general, or by any public defender or assistant
public defender acting in his official capacity may contain this statement: "Notice to
the person summoned: Your statutory fees as witness will be paid by the clerk of the
court where you are summoned to appear, if you give the clerk this subpoena on the
day you appear. If you do not appear in court on the day and at the time stated, or on
the day and at the time to which your appearance may have been postponed or continued
by order of an officer of the court, the court may order that you be arrested."
(e) If any person summoned by the state, or by the Attorney General or an assistant
attorney general, or by any public defender or assistant public defender acting in his
official capacity, by a subpoena containing the statement as provided in subsection (d),
or if any other person upon whom a subpoena is served to appear and testify in a cause
pending before any court and to whom one day's attendance and fees for traveling to
court have been tendered, fails to appear and testify, without reasonable excuse, he shall
be fined not more than twenty-five dollars and pay all damages to the party aggrieved;
and the court or judge, on proof of the service of a subpoena containing the statement
as provided in subsection (d), or on proof of the service of a subpoena and the tender
of such fees, may issue a capias directed to some proper officer to arrest the witness
and bring him before the court to testify.
(1949 Rev., S. 7866; March, 1958, P.A. 27, S. 63; 1961, P.A. 378; 517, S. 41; 1967, P.A. 392; 1971, P.A. 127; P.A.
79-11; P.A. 82-160, S. 59; P.A. 84-141; P.A. 88-25; P.A. 94-30.)
History: 1961 acts deleted obsolete provisions for signing subpoenas and issuance of capias by justices of the peace
and increased fine from five to not more than twenty-five dollars; 1967 act clarified section by adding provisions re contents
of subpoena statement and re issuance of capias by court or judge "on proof of the service of a subpoena containing the
aforesaid statement"; 1971 act added references to subpoenas issued by attorney general or an assistant attorney general;
P.A. 79-11 added provision re manner of serving subpoena summoning a police officer; P.A. 82-160 rephrased the section
and inserted Subsec. indicators; P.A. 84-141 amended Subsec. (a) by adding provision re time period for service of subpoena;
P.A. 88-25 amended Subsec. (a) to authorize service by an investigator of the division of public defender services in any
criminal case in which a defendant is represented by a public defender or special public defender; P.A. 94-30 inserted new
Subsec. (c) re manner of service of a subpoena summoning a correctional officer and relettered the remaining Subsecs.
accordingly, and in Subsec. (e) references to former Subsec. (c) were corrected editorially by the Revisors to Subsec. (d).
See Sec. 51-35 re witnesses' imprisonment for failure to testify and re protection against self-incrimination.
Effect of subpoena duces tecum. 79 C. 118. Fact that witness has already given deposition is not legal excuse for failure
to obey subpoena. 116 C. 393. Power of court to issue capias directing arrest of a witness is ordinarily conditioned on
issuance of subpoena. 132 C. 637. Cited. 146 C. 252. When the failure of a party to call a witness may be the basis for an
unfavorable inference. 147 C. 672. Issuance of a capias is in the discretion of the court and statute does not mandate that
court issue a capias when a witness under subpoena fails to appear. 163 C. 293, 298. Cited. 182 C. 476, 483. Cited. 193
C. 350, 360. Cited. 197 C. 507, 515.
Cited. 5 CA 556, 558. Cited. 8 CA 598, 604. Cited. 33 CA 65, 70. Cited. 40 CA 1, 18.
Cited. 5 CS 63. Cited. 37 CS 693, 697.
Subsec. (a):
Cited. 33 CA 65, 70.
Subsec. (d):
Service of subpoena "upon" a person does not require physical acceptance of it, if the person is given notice of it and
its contents. 5 CA 556, 558−560.
Subsec. (e):
Cited. 40 CA 1, 18.
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To A. B. and C. D. of ....:
By authority of the state of Connecticut, you are hereby commanded to appear before
the .... court, to be held at .... on the .... day of .... or to such day thereafter and within
sixty days hereof on which the action is legally to be tried, to testify what you know in
a certain civil action pending in the court, between E. F. of H., plaintiff, and G. A. of
M., defendant.
Hereof fail not, under penalty of the law.
To any proper officer or indifferent person to serve and return.
Dated at H., etc.
History: P.A. 79-6 required appearance within sixty rather than thirty days after subpoena; P.A. 82-160 rephrased
the section.
Cited. 12 CA 364, 371.
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(b) A person's interest in the outcome of the action or his conviction of crime may
be shown for the purpose of affecting his credibility.
(1949 Rev., S. 7868; P.A. 82-160, S. 61.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Wife may testify for husband. 3 D. 57; 20 C. 354. The conviction must be of an infamous crime; a petty offense is not
sufficient. 57 C. 432; 104 C. 124. Record of a judgment of conviction vacated by appeal is insufficient. 57 C. 432. Particular
instances of untruthfulness inadmissible to affect credit of witness. 72 C. 204. Cited. 58 C. 64. Attorney trying case cannot
ordinarily be witness therein; 72 C. 437; 80 C. 531; 81 C. 350; otherwise, if he is also a party; 68 C. 206; 85 C. 211; and
he may be called by adverse party. 81 C. 344. Insolvent debtor may testify as to knowledge of insolvency when transfer
was made. 75 C. 17. Incapacity to manage his affairs does not disqualify witness. 76 C. 406. Where accused becomes
witness for himself, usual rules as to attacking credit apply. 67 C. 290; 76 C. 94; 87 C. 22; 89 C. 417. Evidence of arrest
alone not sufficient. 76 C. 92; 86 C. 262. Party to action is ordinarily competent. 79 C. 478. Members of a commission
may testify as to proceedings before it; 75 C. 248; 76 C. 567; so judge, as to claims of law made on trial. 82 C. 51. Evidence
that witness has incurred expenses which he must pay if party producing him loses is admissible. 74 C. 555. Nature of
crimes conviction of which may be shown. 95 C. 501; 104 C. 124; id., 264; 106 C. 350. When a child is competent. 100
C. 570. Improper reference to this statute held cured by instruction of judge. 108 C. 192. Statement of witness that he has
scruples against taking oath must be taken as true; belief in supreme being does not destroy witness's right to take affirmation
instead of oath. 109 C. 712. Purpose of statute to remove common law disqualification of witness because of conviction
of crime. 121 C. 678. For purpose of affecting credibility conviction of crime may be shown by questions on cross-
examination. 121 C. 678; 132 C. 574; Overruling 72 C. 205 and 97 C. 452. Owner is competent witness to location of
bounds and occupancy of own land when within his personal knowledge. 125 C. 333. Where plaintiff administrator was
questioned on direct as to decedent's health and financial standing, question on cross as to whether he expected to share
in recovery in case was proper. 131 C. 515. Cited. 136 C. 106. Fact that conviction was ten years before went to weight
not to admissibility. 137 C. 140. Conviction of section 53-246 "intoxication" is not infamous crime to attack credibility
of a witness. 140 C. 39. Cited. 149 C. 125; 153 C. 208; 154 C. 68, 74. A plea of guilty by one of several persons charged
with a crime can be no more than hearsay as to others so charged. Therefore, while the plea may be used to attack the
credibility of the one so pleading if he testifies as a witness for or against the others, it is not admissible on the trial of the
others to establish that the crime was committed. 150 C. 195. The conviction of a crime, whether or not denominated a
felony by statute, is admissible in evidence to affect credibility under this section only if the maximum permissible penalty
for the crime may be imprisonment for more than one year, and the presence or absence of moral turpitude is not a
consideration affecting the admissibility. 152 C. 472. Where defendant chose to take stand on his own behalf, question on
cross-examination as to prior conviction was properly asked of him in his capacity as a witness, but court does not consider
whether defendant could raise his constitutional privilege against compulsory self-incrimination. 153 C. 30. In same case,
use of defendant's answer, over his objection, in second part of information, brought under habitual criminal statute, was
a violation of his constitutional privilege against compulsory self-incrimination. Id., 34, 35. Writ, summons and complaint
in another action brought by plaintiff admissible to affect credibility insofar as testimony in present action is inconsistent
with prior claim. On redirect plaintiff should be allowed to show extent of his knowledge of allegations in prior writ. 155
C. 197. Cited. 158 C. 156. Where statement of witness was offered to show bias against defendant, it was properly excluded
where it related to criminal activity of witness for which he had not been convicted. 158 C. 536. Judge's discretion to
exclude evidence as prejudicial. 160 C. 47. Court's instructions to jury as to historic common law background and purpose
of statute does not raise any federal constitutional questions. 160 C. 171, 175. Cited. 160 C. 378. Impeachment of witness
on the basis of misconduct accomplished only by proof of felony convictions. 164 C. 145. Specific acts of misconduct to
show lack of veracity cannot be shown by extrinsic evidence. Id. Cited. 165 C. 559, 573. Cited. 165 C. 599, 606. Cited.
166 C. 226, 230. Cited re constitutional separation of powers (dissent). 166 C. 501. Credibility of a witness may be
impeached by proof of convictions of crimes for which imprisonment may be more than one year. 167 C. 539. Cited. 182
C. 207, 217. Cited. 185 C. 372, 383. Cited. 186 C. 654, 670. Cited. 187 C. 513, 521. Cited. 188 C. 259, 267; Id., 515, 519.
Cited. 189 C. 631, 642, 643. Cited. 190 C. 20, 23, 25. Prudent course where trial court faced with decision on admission
as evidence of credibility prior convictions for crimes not directly reflecting on credibility is to allow prosecution to mention
that defendant was convicted of unspecified crime or crimes carrying a penalty of more than one year. 194 C. 1, 6, 10, 12.
Cited. Id., 297, 307. Where a prior charge resulted in a determination that defendant was a youthful offender and not in a
criminal conviction, it was not admissible for impeachment purposes under the statute. 196 C. 122, 128. Cited. 198 C. 273,
277. Cited. 201 C. 74, 85, 86, 88, 89. Cited. 202 C. 224, 228. Cited. 210 C. 359, 395. Cited. 211 C. 555, 560. Cited. Id.,
555, 561. Cited. 227 C. 417, 434. Cited. Id., 711, 735.
Cited. 3 CA 684, 686, 688. Cited. 7 CA 217, 219. Cited. 20 CA 6, 14. Cited. 22 CA 610, 620. Cited. 23 CA 479, 485.
Cited. Id., 692, 700. Cited. 26 CA 157, 163. Cited. 38 CA 815, 821.
Credit of witness may not be attacked by showing his conviction of a crime which is not infamous, that is, for which
maximum penalty cannot be more than six months in jail. 23 CS 294. Cited. 33 CS 586, 590. Cited. 36 CS 89, 90.
Conviction of crime of trespass inadmissible under this statute. 3 Conn. Cir. Ct. 391. Any question about previous
arrests is improper because statute allows questions about convictions only in establishing credibility and reputation of
witness. 6 Conn. Cir. Ct. 441.
Subsec. (a):
Cited. 198 C. 454, 474. Subdiv. (3) cited. 210 C. 359, 360, 394, 395. Cited. 211 C. 555, 560.
Cited. 7 CA 217, 219. Cited. Id., 601, 603. Cited. 34 CA 823, 828.
Subsec. (b):
Cited. 194 C. 297, 307. Cited. 196 C. 122, 127. Cited. 199 C. 255, 260. Cited. 202 C. 224, 228. Cited. 210 C. 359, 394.
Cited. 211 C. 555, 561. Cited. 227 C. 389, 409. Cited. 228 C. 412, 430. Trial court abused discretion in barring evidence
of victim's prior felony conviction for larceny since outcome of case depended upon relative credibility of victim and
defendant, and state was allowed to impeach credibility of defendant with a prior felony conviction. 245 C. 351.
Cited. 3 CA 459, 460. Cited. 6 CA 189, 190. Cited. 7 CA 217, 219. Cited. Id., 377, 387. Cited. Id., 445, 451. Cited. 10
CA 71, 72. Cited. 16 CA 346, 348. Cited. 26 CA 758, 762. Cited. 27 CA 279, 289. Cited. 32 CA 773, 782. Cited. 37 CA
722, 731. Cited. 40 CA 151, 158. Cited. 42 CA 810. Cited. 44 CA 280. Cited. Id., 790. Cited. 45 CA 390. Cited. 46 CA 285.
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(1949 Rev., S. 7869.)
Cited. 190 C. 813. Cited. 211 C. 555, 560.
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(1967, P.A. 826.)
"Priest-penitent" privilege found waived where defendant testified as to what he told priest and conversation did not
relate to religious or spiritual advise, aid or comfort. 171 C. 586, 592, 594. Cited. 211 C. 555, 560.
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(1) "Person" means an individual who consults a psychologist for purposes of diagnosis or treatment;
(2) "Psychologist" means an individual licensed to practice psychology pursuant
to chapter 383;
(3) "Communications" means all oral and written communications and records
thereof relating to the diagnosis and treatment of a person between such person and a
psychologist or between a member of such person's family and a psychologist;
(4) "Consent" means consent given in writing by the person or his authorized representative;
(5) "Authorized representative" means (A) an individual empowered by a person
to assert the confidentiality of communications which are privileged under this section,
or (B) if a person is deceased, his personal representative or next of kin, or (C) if a person
is incompetent to assert or waive his privileges hereunder, (i) a guardian or conservator
who has been or is appointed to act for the person, or (ii) for the purpose of maintaining
confidentiality until a guardian or conservator is appointed, the person's nearest relative.
(b) Except as provided in subsection (c) of this section, in civil and criminal actions,
in juvenile, probate, commitment and arbitration proceedings, in proceedings preliminary to such actions or proceedings, and in legislative and administrative proceedings,
all communications shall be privileged and a psychologist shall not disclose any such
communications unless the person or his authorized representative consents to waive
the privilege and allow such disclosure. The person or his authorized representative may
withdraw any consent given under the provisions of this section at any time in a writing
addressed to the individual with whom or the office in which the original consent was
filed. The withdrawal of consent shall not affect communications disclosed prior to
notice of the withdrawal.
(c) Consent of the person shall not be required for the disclosure of such person's
communications:
(1) If a judge finds that any person after having been informed that the communications would not be privileged, has made the communications to a psychologist in the
course of a psychological examination ordered by the court, provided the communications shall be admissible only on issues involving the person's psychological condition;
(2) If, in a civil proceeding, a person introduces his psychological condition as an
element of his claim or defense or, after a person's death, his condition is introduced
by a party claiming or defending through or as a beneficiary of the person, and the judge
finds that it is more important to the interests of justice that the communications be
disclosed than that the relationship between the person and psychologist be protected;
(3) If the psychologist believes in good faith that there is risk of imminent personal
injury to the person or to other individuals or risk of imminent injury to the property of
other individuals;
(4) If child abuse, abuse of an elderly individual or abuse of an individual who is
disabled or incompetent is known or in good faith suspected;
(5) If a psychologist makes a claim for collection of fees for services rendered, the
name and address of the person and the amount of the fees may be disclosed to individuals
or agencies involved in such collection, provided notification that such disclosure will
be made is sent, in writing, to the person not less than thirty days prior to such disclosure.
In cases where a dispute arises over the fees or claims or where additional information
is needed to substantiate the claim, the disclosure of further information shall be limited
to the following: (A) That the person was in fact receiving psychological services, (B)
the dates of such services, and (C) a general description of the types of services; or
(6) If the communications are disclosed to a member of the immediate family or
legal representative of the victim of a homicide committed by the person where such
person has, on or after July 1, 1989, been found not guilty of such offense by reason of
mental disease or defect pursuant to section 53a-13, provided such family member or
legal representative requests the disclosure of such communications not later than six
years after such finding, and provided further, such communications shall only be available during the pendency of, and for use in, a civil action relating to such person found
not guilty pursuant to section 53a-13.
(1969, P.A. 597, S. 13; P.A. 82-160, S. 63; P.A. 89-154, S. 1; P.A. 92-225, S. 3, 5.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 89-154 amended Subsec. (a) to redefine
"person" and to add the definitions of "psychologist", "communications", "consent", and "authorized representative",
amended Subsec. (b) to rephrase its provisions, to extend the prohibition on disclosure to "juvenile, probate, commitment
and arbitration proceedings", and to add provisions re the manner and effect of a withdrawal of consent, and amended
Subsec. (c) to replace the introductory provision that "Relevant communications under this section shall not be privileged"
with "Consent of the person shall not be required for the disclosure of such person's communications", to delete reference
to a "clinical" psychologist in Subdiv. (1), to add Subdiv. (3) re exception when there is risk of imminent injury to person
or property, to add Subdiv. (4) re exception when abuse is known or suspected, and to add Subdiv. (5) re exception when
claim is made for collection of fees for services rendered; P.A. 92-225 amended Subsec. (c) to add Subdiv. (6) re exception
when communications are disclosed under limited circumstances to the immediate family or legal representative of certain
homicide victims.
Cited. 191 C. 453, 456. Cited. 203 C. 641, 652, 658. Erroneous denial of psychiatrist-patient privilege does not infringe
upon right of any person other than the one to whom the privilege is given. 208 C. 683, 686. Cited. 211 C. 555, 560.
Cited. 18 CA 273, 280. Cited. 23 CA 98, 105. Cited. Id., 330, 335−339, 341. Cited. 24 CA 287, 290. Court did not
violate statute by ordering disclosure of substance abuse and psychiatric treatment records of parents in case involving
termination of their parental rights. 48 CA 563.
Subsec. (c):
Cited. 23 CA 330, 339.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) "Authorized representative" means (A) a person empowered by a patient to
assert the confidentiality of communications or records which are privileged under sections 52-146c to 52-146i, inclusive, or (B) if a patient is deceased, his personal representative or next of kin, or (C) if a patient is incompetent to assert or waive his privileges
hereunder, (i) a guardian or conservator who has been or is appointed to act for the
patient, or (ii) for the purpose of maintaining confidentiality until a guardian or conservator is appointed, the patient's nearest relative;
(2) "Communications and records" means all oral and written communications and
records thereof relating to diagnosis or treatment of a patient's mental condition between
the patient and a psychiatrist, or between a member of the patient's family and a psychiatrist, or between any of such persons and a person participating under the supervision
of a psychiatrist in the accomplishment of the objectives of diagnosis and treatment,
wherever made, including communications and records which occur in or are prepared
at a mental health facility;
(3) "Consent" means consent given in writing by the patient or his authorized representative;
(4) "Identifiable" and "identify a patient" refer to communications and records
which contain (A) names or other descriptive data from which a person acquainted with
the patient might reasonably recognize the patient as the person referred to, or (B) codes
or numbers which are in general use outside of the mental health facility which prepared
the communications and records;
(5) "Mental health facility" includes any hospital, clinic, ward, psychiatrist's office
or other facility, public or private, which provides inpatient or outpatient service, in
whole or in part, relating to the diagnosis or treatment of a patient's mental condition;
(6) "Patient" means a person who communicates with or is treated by a psychiatrist
in diagnosis or treatment;
(7) "Psychiatrist" means a person licensed to practice medicine who devotes a substantial portion of his time to the practice of psychiatry, or a person reasonably believed
by the patient to be so qualified.
(1961, P.A. 529; 1969, P.A. 819, S. 1; P.A. 75-567, S. 36, 80; P.A. 82-160, S. 64; P.A. 89-154, S. 2.)
History: 1969 act deleted detailed provisions re privileged communications (but see Sec. 52-146e for replacement
provisions) and added definitions of "consent", "communications and records", "mental health facility" and records which
"identify" or are "identifiable"; Sec. 52-146a transferred to Sec. 52-146d in the 1969 Supplement to the General Statutes;
P.A. 75-567 applied definitions to Secs. "52-146c to 52-146i" rather than to Secs. "52-146d to 52-146j"; P.A. 82-160
alphabetized the defined terms and inserted Subdiv. indicators; P.A. 89-154 applied definitions to Secs. "52-146d to 52-
146i" rather than to Secs. "52-146c to 52-146i".
Case decided before effective date of statute. 150 C. 689. Cited. 152 C. 510, 512. Psychiatrist-patient privilege does
not extend to records relative to drug-dependency treatment. 169 C. 223. Cited. Id., 223, 230, 234. Psychiatric-patient
privilege not waived and testimony of psychiatrist hired by state, but not as a result of court order, held inadmissible. 178
C. 626, 629. Cited. 191 C. 453, 456. Cited. 199 C. 693, 706. Cited. 201 C. 211, 213, 218, 222. Cited. 203 C. 641, 658.
Cited. 208 C. 365, 379. Cited. Id., 683, 684. Cited. 211 C. 555, 560. Cited. 212 C. 50, 55. Cited. 217C. 243, 256. Cited.
218 C. 85, 133. Cited. 225 C. 700, 703. Cited. Id., 450, 478. Cited. 228 C. 1, 3, 9, 10. Cited. 235 C. 185, 190, 192. Former
Sec. 52-146a cited. Id., 185, 195. Cited. 236 C. 625, 635. Cited. 238 C. 313.
Cited. 1 CA 384, 393, 394. Secs. 52-146d−52-146j cited. 14 CA 552, 557. Cited. 19 CA 304, 318. Cited. 24 CA 287,
290. Cited. 25 CA 653, 655; judgment reversed, see 223 C. 52 et seq. Cited. 30 CA 839, 851. Cited. 33 CA 647, 654. Cited.
35 CA 94, 98; judgment reversed, see 235 C. 185 et seq.
Cited. 28 CS 57.
Subdiv. (2):
Cited. 190 C. 813, 818. Cited. 217 C. 243, 257. Cited. 218 C. 85, 133.
Cited. 1 CA 384, 389. Cited. 14 CA 552, 557. Cited. 24 CA 287, 292. Cited. 33 CA 253, 268. Cited. 35 CA 94, 98;
judgment reversed, see 235 C. 185 et seq.
Subdiv. (3):
Cited. 201 C. 211, 223.
Subdiv. (4):
Cited. 223 C. 450, 456, 458. Subpara. (A) cited. Id., 450, 458, 459.
Subdiv. (5):
Cited. 24 CA 287, 292.
Subdiv. (6):
Purpose of the statutory privilege is to protect a therapeutic relationship, communications that bear no relationship to
the purpose for which privilege was enacted are admissible subject to normal rules of evidence. 190 C. 813, 817.
Cited. 24 CA 287, 292.
Subdiv. (7):
Cited. 219 C. 314, 337.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any consent given to waive the confidentiality shall specify to what person or
agency the information is to be disclosed and to what use it will be put. Each patient
shall be informed that his refusal to grant consent will not jeopardize his right to obtain
present or future treatment except where disclosure of the communications and records
is necessary for the treatment.
(c) The patient or his authorized representative may withdraw any consent given
under the provisions of this section at any time in a writing addressed to the person or
office in which the original consent was filed. Withdrawal of consent shall not affect
communications or records disclosed prior to notice of the withdrawal.
(1969, P.A. 819, S. 2, 3; P.A. 82-160, S. 65.)
History: P.A. 82-160 rephrased and reorganized section.
Cited. 169 C. 223, 230, 234. Psychiatrist-patient privilege not waived and testimony of psychiatrist hired by state, but
not as a result of court order, held inadmissible. 178 C. 626, 629. Cited. 190 C. 813, 815. Cited. 191 C. 453, 456. Cited.
192 C. 166, 177. Cited. 197 C. 326, 328, 329. Cited. 199 C. 693, 708. Before privilege is applied court should conduct
voir dire for purpose of determining existence of impeaching evidence in order to protect constitutional right of confrontation. 201 C. 211, 213, 218, 222, 223, 227, 228. Cited. Id., 244, 256. Cited. 205 C. 386, 402. Cited. 211 C. 555, 560. Cited.
212 C. 50, 55, 56. Cited. 218 C. 85, 133. Cited. 221 C. 447, 457. Cited. 223 C. 450, 451. Cited. 225 C. 450, 478. Cited.
Id., 700, 703. Cited. 228 C. 1, 3, 4, 9, 10. Cited. 235 C. 185, 190, 192, 193, 195, 198−200. Cited. Id., 595, 606. Cited. 236
C. 514, 522. Cited. Id., 625, 635. Cited. 238 C. 313. Cited. 242 C. 666.
Psychiatric patient privilege and defendant's right to confrontation discussed. 1 CA 384, 389, 393, 394. Cited. 8 CA
216, 236, 237. Cited. 10 CA 103, 107, 110. Cited. 14 CA 552, 557, 558. Secs. 52-146d−52-146j also cited. Id. Cited. 15
CA 222, 241. Cited. 17 CA 174, 178. Cited. 18 CA 273, 276. Cited. 19 CA 304, 318. Cited. 20 CA 101, 110, 111. Cited.
24 CA 287, 290. Cited. 25 CA 653, 655; judgment reversed, see 223 C. 52 et seq. Cited. 30 CA 839, 851, 852. Cited. 33
CA 647, 654. Cited. 35 CA 94, 98; judgment reversed, see 235 C. 185 et seq. Need for information to institute claim creates
compelling countervailing interest that requires disclosure of limited information. 50 CA 694. Cited. 52 CA 408.
Subsec. (a):
Cited. 217 C. 243, 256. Cited. 218 C. 85, 133. Cited. 223 C. 450, 456, 460. Cited. 230 C. 43, 58.
Psychiatrist-patient privilege cannot be overridden by provisions of Sec. 19a-14(a)(10). 14 CA 552, 553, 558. Cited.
33 CA 253, 268.
Subsec. (b):
Cited. 201 C. 211, 223.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) Communications or records may be disclosed to other persons engaged in the
diagnosis or treatment of the patient or may be transmitted to another mental health
facility to which the patient is admitted for diagnosis or treatment if the psychiatrist in
possession of the communications or records determines that the disclosure or transmission is needed to accomplish the objectives of diagnosis or treatment. The patient shall
be informed that the communications or records will be so disclosed or transmitted. For
purposes of this subsection, persons in professional training are to be considered as
engaged in the diagnosis or treatment of the patients.
(2) Communications or records may be disclosed when the psychiatrist determines
that there is substantial risk of imminent physical injury by the patient to himself or
others or when a psychiatrist, in the course of diagnosis or treatment of the patient, finds
it necessary to disclose the communications or records for the purpose of placing the
patient in a mental health facility, by certification, commitment or otherwise, provided
the provisions of sections 52-146d to 52-146j, inclusive, shall continue in effect after
the patient is in the facility.
(3) Except as provided in section 17b-225, the name, address and fees for psychiatric
services to a patient may be disclosed to individuals or agencies involved in the collection
of fees for such services. In cases where a dispute arises over the fees or claims or where
additional information is needed to substantiate the fee or claim, the disclosure of further
information shall be limited to the following: (A) That the person was in fact a patient;
(B) the diagnosis; (C) the dates and duration of treatment; and (D) a general description
of the treatment, which shall include evidence that a treatment plan exists and has been
carried out and evidence to substantiate the necessity for admission and length of stay
in a health care institution or facility. If further information is required, the party seeking
the information shall proceed in the same manner provided for hospital patients in section
4-105.
(4) Communications made to or records made by a psychiatrist in the course of a
psychiatric examination ordered by a court or made in connection with the application
for the appointment of a conservator by the Probate Court for good cause shown may
be disclosed at judicial or administrative proceedings in which the patient is a party, or
in which the question of his incompetence because of mental illness is an issue, or
in appropriate pretrial proceedings, provided the court finds that the patient has been
informed before making the communications that any communications will not be confidential and provided the communications shall be admissible only on issues involving
the patient's mental condition.
(5) Communications or records may be disclosed in a civil proceeding in which the
patient introduces his mental condition as an element of his claim or defense, or, after
the patient's death, when his condition is introduced by a party claiming or defending
through or as a beneficiary of the patient and the court or judge finds that it is more
important to the interests of justice that the communications be disclosed than that the
relationship between patient and psychiatrist be protected.
(6) Communications or records may be disclosed to (A) the Commissioner of Public
Health in connection with any inspection, investigation or examination of an institution,
as defined in subsection (a) of section 19a-490, authorized under section 19a-498, or
(B) the Commissioner of Mental Health and Addiction Services in connection with
any inspection, investigation or examination authorized under subsection (f) of section
17a-451.
(7) Communications or records may be disclosed to a member of the immediate
family or legal representative of the victim of a homicide committed by the patient where
such patient has, on or after July 1, 1989, been found not guilty of such offense by reason
of mental disease or defect pursuant to section 53a-13, provided such family member
or legal representative requests the disclosure of such communications or records not
later than six years after such finding, and provided further, such communications shall
only be available during the pendency of, and for use in, a civil action relating to such
person found not guilty pursuant to section 53a-13.
(8) If a provider of behavioral health services that contracts with the Department
of Mental Health and Addiction Services requests payment, the name and address of
the person, a general description of the types of services provided, and the amount
requested shall be disclosed to the department, provided notification that such disclosure
will be made is sent, in writing, to the person at the earliest opportunity prior to such
disclosure. In cases where a dispute arises over the fees or claims, or where additional
information is needed to substantiate the claim, the disclosure of further information
shall be limited to additional information necessary to clarify only the following: (A)
That the person in fact received the behavioral health services in question, (B) the dates
of such services, and (C) a general description of the types of services. Information the
department receives pursuant to this subdivision shall be disclosed only to federal or
state auditors and only as necessary for the purposes of auditing.
(1969, P.A. 819, S. 4; 1971, P.A. 81; P.A. 74-215, S. 2, 3; P.A. 82-160, S. 66; P.A. 84-26, S. 3; P.A. 92-225, S. 4, 5;
P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 18 Sp. Sess. P.A. 97-8, S. 82, 88; P.A. 99-178, S. 1; June Sp. Sess.
P.A. 99-2, S. 21.)
History: 1971 act amended Subsec. (d) to allow disclosure of communications made or records in connection with
applications for appointment of conservator by probate court and to allow disclosures in proceedings where question of
incompetence because of mental illness is an issue; P.A. 74-215 amended Subsec. (c) to add exception re Sec. 17-295c
and to place specific limits on disclosure of further information replacing generally stated provision which had allowed
disclosure of "only such additional information as is needed to substantiate the fee or claim"; P.A. 82-160 rephrased the
section, replaced alphabetic Subsec. indicators with numeric indicators and replaced numeric Subdiv. indicators with
alphabetic indicators; P.A. 84-26 added Subsec. (6) re the disclosure of records pursuant to a department of health services
inspection, investigation or examination of a health care institution; P.A. 92-225 added Subsec. (7) re the disclosure under
limited circumstances to the immediate family or legal representative of certain homicide victims; P.A. 93-381 substituted
commissioner and department of public health and addiction services for commissioner and department of health services,
effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 added new Subdiv.
(8) re disclosure by providers of behavioral health services, effective July 1, 1997; P.A. 99-178 amended Subdiv. (6) by
adding new Subpara. (B) re disclosure to Commissioner of Mental Health and Addiction Services under Sec. 17a-451(f);
June Sp. Sess. P.A. 99-2 amended Subdiv. (8) by replacing "not less than thirty days" with "at the earliest opportunity".
Cited. 169 C. 223, 230, 234. Cited. 172 C. 22, 26. Psychiatrist-patient privilege not waived and testimony of psychiatrist
hired by state, but not as a result of court order, held inadmissible. 178 C. 626, 629. Cited. Id. Cited. 191 C. 453, 456.
Cited. 211 C. 555, 560. Cited. 235 C. 185, 190, 195, 200. Cited. 236 C. 625, 635. Cited. 238 C. 313.
Cited. 1 CA 384, 389, 393, 394. Cited. 14 CA 552, 555, 557−559. Secs. 52-146d−52-146j also cited. Id. Cited. 19 CA
304, 318. Cited. 24 CA 287, 290. Cited. 35 CA 94, 96; judgment reversed, see 235 C. 185 et seq. Disclosure of patient's
name, address and social security number not precluded when purpose is to bring suit against patient for assault and battery.
50 CA 654.
Former Subsec. (d):
Cited. 178 C. 626, 629.
Subsec. (1):
Cited. 14 CA 552, 558.
Subsec. (2):
Cited. 14 CA 552, 558.
Subsec. (3):
Cited. 14 CA 552, 558.
Subsec. (4):
Cited. 190 C. 813, 817. Cited. 201 C. 517, 522, 523. Cited. 238 C. 313.
Cited. 14 CA 552, 558.
Subsec. (5):
Cited. 190 C. 813, 820. Cited. 231 C. 922. Legislature did not intend to authorize a subrogee to obtain a subrogor's
confidential psychiatric records in a subrogation action wherein subrogor is not a party; judgment of appellate court in
Home Ins. Co. v. Aetna Life and Casualty Co., 35 CA 94, reversed. 235 C. 185, 186, 188, 191−194, 196, 197, 200, 201, 203.
Cited. 14 CA 552, 558. Cited. 30 CA 839, 852. Cited. 35 CA 94, 95, 99−101; judgment reversed, see 235 C. 185 et seq.
Cited. 44 CS 468.
Subsec. (6):
Does not apply to investigations of individual psychiatrists. 14 CA 552, 556−558.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The communications and records shall not be removed from the mental health
facility which prepared them. Coded data or data which does not identify a patient may
be removed from a mental health facility, provided the key to the code shall remain on
the premises of the facility.
(c) The mental health facility and the person doing the research shall be responsible
for the preservation of the anonymity of the patients and shall not disseminate data which
identifies a patient except as provided by sections 52-146d to 52-146j, inclusive.
(1969, P.A. 819, S. 5; P.A. 82-160, S. 67.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Cited. 169 C. 223, 230, 234. Psychiatrist-patient privilege not waived and testimony of psychiatrist hired by state, but
not as a result of court order, held inadmissible. 178 C. 626, 629. Cited. 191 C. 453, 456. Cited. 211 C. 555, 560. Cited.
236 C. 625, 635. Cited. 238 C. 313.
Cited. 1 CA 384, 389, 393, 394. Secs. 52-146d−52-146j cited. 14 CA 552, 557. Cited. 19 CA 304, 318. Cited. 24 CA
287, 290.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Identifiable data shall be removed from all information and records before issuance from the individual or facility which prepared them, and a code, the key to which
shall remain in possession of the issuing facility and be otherwise available only to
the Commissioner of Mental Health and Addiction Services for purposes of planning,
administration or research, shall be the exclusive means of identifying patients. The key
to the code shall not be available to any data banks in which the information is stored
or to any other persons, corporations or agencies, private or governmental.
(1969, P.A. 819, S. 6; P.A. 82-160, S. 68; P.A. 95-257, S. 11, 13, 58; June 18 Sp. Sess. P.A. 97-8, S. 31, 88.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 95-257 replaced Commissioner, Department and Board of Mental Health with Commissioner, Department and Board of Mental Health and Addiction Services,
effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 amended Subsec. (a) to apply section to individuals under contract with
the department to provide behavioral health services, to delete provision re approval of Board of Mental Health and
Addiction Services and to replace reference to the mentally ill with reference to persons with psychiatric or substance
abuse disorders and amended Subsec. (b) to change "mental health facility" to "individual or facility", effective July 1, 1997.
Cited. 169 C. 223, 230, 234. Psychiatrist-patient privilege not waived and the testimony of psychiatrist hired by state,
but not as a result of court order, held inadmissible. 178 C. 626, 629. Cited. 191 C. 453, 456. Cited. 211 C. 555, 560. Cited.
236 C. 625, 635. Cited. 238 C. 313.
Cited. 1 CA 384, 389, 393, 394. Secs. 52-146d−52-146j cited. 14 CA 552, 557. Cited. 19 CA 304, 318. Cited. 24 CA
287, 290.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1969, P.A. 819, S. 7.)
Cited. 169 C. 223, 230, 234. Psychiatrist-patient privilege not waived and testimony of psychiatrist hired by state, but
not as a result of court order, held inadmissible. 178 C. 626, 629. Cited. 191 C. 453, 456. Cited. 211 C. 555, 560. Cited.
236 C. 625, 635. Cited. 238 C. 313.
Cited. 1 CA 384, 389, 393, 394. Secs. 52-146d−52-146j cited. 14 CA 552, 557. Cited. 19 CA 304, 318. Cited. 24 CA
287, 290.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any person aggrieved by a violation of sections 52-146d to 52-146j, inclusive,
may prove a cause of action for civil damages.
(1969, P.A. 819, S. 8; P.A. 78-280, S. 2, 6, 127; P.A. 82-160, S. 69; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-
142, S. 4, 7, 8; P.A. 95-220, S. 4−6.)
History: P.A. 78-280 substituted "judicial district" for "county" generally and "the judicial district of Hartford-New
Britain" for "Hartford county"; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 88-230 replaced
"judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98
changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective
date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the
effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Psychiatrist-patient privilege not waived and testimony of psychiatrist hired by state, but not as a result of court order,
held inadmissible. 178 C. 626, 629. Cited. 211 C. 555, 560. Cited. 236 C. 625, 635. Cited. 238 C. 313.
Cited. 1 CA 384, 393, 394. Cited. 14 CA 552, 557. Cited. 19 CA 304, 318.
Subsec. (a):
Cited. 14 CA 552, 555.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) "Battered women's center" means any office, shelter, host home or center offering assistance to battered women through crisis intervention, emergency shelter referral
and medical and legal advocacy, and which meets the Department of Social Services
criteria of service provision for such centers.
(2) "Battered women's counselor" means any person engaged in a battered women's center (A) who has undergone a minimum of twenty hours of training which shall
include, but not be limited to, the dynamics of battering, crisis intervention, communication skills, working with diverse populations, an overview of the state criminal justice
system and information about state and community resources for battered women, (B)
who is certified as a counselor by the battered women's center which provided such
training, (C) who is under the control of a direct service supervisor of a battered women's
center, and (D) whose primary purpose is the rendering of advice, counsel and assistance
to, and the advocacy of the cause of, battered women.
(3) "Confidential communication" means information transmitted between a victim
of a battering or a sexual assault and a battered women's counselor or sexual assault
counselor in the course of that relationship and in confidence by a means which, so far
as the victim is aware, does not disclose the information to a third person other than any
person who is present to further the interests of the victim in the consultation or any
person to whom disclosure is reasonably necessary for the transmission of the information or for the accomplishment of the purposes for which such counselor is consulted,
and includes all information received by, and any advice, report or working paper given
or made by, such counselor in the course of the relationship with the victim.
(4) "Rape crisis center" means any office, institution or center offering assistance
to victims of sexual assault and their families through crisis intervention, medical and
legal advocacy and follow-up counseling and which meets the Department of Public
Health criteria of service provision for such centers.
(5) "Sexual assault counselor" means any person engaged in a rape crisis center
who (A) has undergone a minimum of twenty hours of training which shall include,
but not be limited to, the dynamics of sexual assault and incest, crisis intervention,
communication skills, working with diverse populations, an overview of the state criminal justice system, information about hospital and medical systems and information
about state and community resources for sexual assault victims, (B) is certified as a
counselor by the sexual assault center which has provided such training, (C) is under
the control of a direct services supervisor of a rape crisis center, and (D) whose primary
purpose is the rendering of advice, counseling and assistance to, and the advocacy of
the cause of, victims of sexual assault.
(6) "Victim" means any person who consults a battered women's counselor or a
sexual assault counselor for the purpose of securing advice, counseling or assistance
concerning a mental, physical or emotional condition caused by a battering or a sexual
assault.
(b) On or after October 1, 1983, a battered women's counselor or a sexual assault
counselor shall not disclose any confidential communications made to such counselor
at any time by a victim in any civil or criminal case or proceeding or in any legislative
or administrative proceeding unless the victim making the confidential communications
waives the privilege, provided under no circumstances shall the location of the battered
women's center or rape crisis center or the identity of the battered women's counselor
or sexual assault counselor be disclosed in any civil or criminal proceeding. Any request
made on or after October 1, 1983, by the defendant or the state for such confidential
communications shall be subject to the provisions of this subsection.
(c) When a victim is deceased or has been adjudged incompetent by a court of
competent jurisdiction, the guardian of the victim or the executor or administrator of
the estate of the victim may waive the privilege established by this section.
(d) A minor may knowingly waive the privilege established by this section. In any
instance where the minor is, in the opinion of the court, incapable of knowingly waiving
the privilege, the parent or guardian of the minor may waive the privilege on behalf of
the minor, provided such parent or guardian is not the defendant and does not have
a relationship with the defendant such that he has an interest in the outcome of the
proceeding.
(e) The privilege established by this section shall not apply: (1) In matters of proof
concerning chain of custody of evidence; (2) in matters of proof concerning the physical
appearance of the victim at the time of the injury; or (3) where the battered women's
counselor or sexual assault counselor has knowledge that the victim has given perjured
testimony and the defendant or the state has made an offer of proof that perjury may
have been committed.
(f) The failure of any party to testify as a witness pursuant to the provisions of this
section shall not result in an inference unfavorable to the state's cause or to the cause
of the defendant.
(P.A. 83-429; P.A. 85-112; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 85-112 amended Subsec. (b) by adding provision that communications made to counselor at any time
are privileged communications on or after October 1, 1983; P.A. 93-262 authorized substitution of commissioner and
department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-381
replaced department of health services with department of public health and addiction services, effective July 1, 1993;
P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and
Department of Public Health, effective July 1, 1995.
Cited. 199 C. 693, 694, 698, 700, 702, 706. Cited. 200 C. 734, 735, 738−740, 742. Cited. 201 C. 211, 227. Cited. 202
C. 259, 268, 270, 273. Cited. 204 C. 259, 260, 272, 273, 276, 281, 283. Cited. 211 C. 555, 560. Cited. 230 C. 43, 59. Cited.
240 C. 658. Cited. 242 C. 1.
Cited. 8 CA 216, 236, 237. Cited. 10 CA 103, 115. Cited. 23 CA 509, 517.
Subsec. (a):
Subdiv. (5) cited. 199 C. 693, 701, 702, 705, 717. Subdiv. (5) cited. 242 C. 1.
Subsec. (b):
Cited. 199 C. 693, 701−704, 717, 718. Subdiv. (5) cited. Id., 693, 717. Cited. 200 C. 734, 738, 739. Cited. 202 C. 259,
269. Defendant's communication with her counselor made before effective date of act held erroneously admitted at her
trial held after the effective date. 204 C. 259, 260, 272, 274−277, 282−284. P.A. 85-112 cited. Id. Cited. 240 C. 658.
Subsec. (d):
Cited. 23 CA 509, 517.
Subsec. (e):
Cited. 199 C. 693, 701, 706.
Subsec. (f):
Cited. 199 C. 693, 705.
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(P.A. 83-395, S. 1.)
Cited. 211 C. 555, 560.
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(P.A. 83-314.)
Cited. 211 C. 555, 560.
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(1) "Employee assistance program counselor" means any person engaged in directing or staffing any employee assistance program which may be established by the Supreme Court upon recommendation of the Chief Court Administrator for the employees
of the Judicial Department;
(2) "Confidential communications" means all oral and written communications
transmitted in confidence between an employee of the Judicial Department and an employee assistance program counselor in the course of their relationship in the employee
assistance program and all records prepared by the counselor in the course of that relationship with such employee; and
(3) "Employees of the Judicial Department" means full-time and part-time employees of the Judicial Department including judges of the Supreme Court, Appellate Court
and Superior Court but excluding the employees and judges of the probate courts.
(b) No employee assistance program counselor shall disclose any confidential communications to any third person, other than a person to whom disclosure is reasonably
necessary for the accomplishment of the purposes for which such counselor is consulted,
or in any civil or criminal case or proceeding or in any legislative or administrative
proceeding, unless the employee making the confidential communication waives the
privilege.
(c) No person in any civil or criminal case or proceeding or in any legislative or
administrative proceeding may request or require information from any employee of the
Judicial Department relating to an employee's participation in an employee assistance
program, including whether or not such employee at any time participated in such employee assistance program.
(P.A. 88-190.)
Cited. 211 C. 555, 560.
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(b) Consent of the patient or his authorized representative shall not be required for
the disclosure of such communication or information (1) pursuant to any statute or
regulation of any state agency or the rules of court, (2) by a physician, surgeon or other
licensed health care provider against whom a claim has been made, or there is a reasonable belief will be made, in such action or proceeding, to his attorney or professional
liability insurer or such insurer's agent for use in the defense of such action or proceeding,
(3) to the Commissioner of Public Health for records of a patient of a physician, surgeon
or health care provider in connection with an investigation of a complaint, if such records
are related to the complaint, or (4) if child abuse, abuse of an elderly individual, abuse
of an individual who is physically disabled or incompetent or abuse of an individual
with mental retardation is known or in good faith suspected.
(P.A. 90-177; P.A. 91-141; P.A. 96-47, S. 13.)
History: P.A. 91-141 rephrased provisions re exceptions to the prohibition on disclosure and amended Subsec. (b) by
adding Subdiv. (2) re disclosure to the attorney or professional liability insurer of a physician, surgeon or licensed health
care provider and Subdiv. (3) re disclosure when abuse of certain individuals is known or suspected; P.A. 96-47 deleted
"or other licensed health care provider" in Subsec. (a), adding reference to definitions in Subsec. (b) of Sec. 20-7b and
inserted new Subdiv. (3) in Subsec. (b) authorizing disclosure to Commissioner of Public Health, renumbering former
Subdiv. as Subdiv. (4) (Revisor's note: In Subsec. (a) the phrase "..., a physician, surgeon, as defined in ..." was corrected
editorially to "..., a physician or surgeon, as defined in ...").
Cited. 225 C. 700, 703. Cited. 240 C. 658.
Subsec. (a):
Cited. 240 C. 658.
Subsec. (b):
Cited. 240 C. 658. Subdiv. (3) cited. Id.
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(1) "Person" means an individual who consults a marital and family therapist for
purposes of diagnosis or treatment;
(2) "Marital and family therapist" means an individual certified as a marital and
family therapist pursuant to chapter 383a;
(3) "Communications" means all oral and written communications and records
thereof relating to the diagnosis and treatment of a person between such person and a
marital and family therapist or between a member of such person's family and a marital
and family therapist;
(4) "Consent" means consent given in writing by the person or his authorized representative;
(5) "Authorized representative" means (A) an individual empowered by a person
to assert the confidentiality of communications which are privileged under this section,
or (B) if a person is deceased, his personal representative or next of kin, or (C) if a person
is incompetent to assert or waive his privileges under this section, (i) a guardian or
conservator who has been or is appointed to act for the person, or (ii) for the purpose
of maintaining confidentiality until a guardian or conservator is appointed, the person's
nearest relative.
(b) Except as provided in subsection (c) of this section, all communications shall be
privileged and a marital and family therapist shall not disclose any such communications
unless the person or his authorized representative consents to waive the privilege and
allow such disclosure. In circumstances where more than one person in a family is
receiving therapy, each such family member shall consent to the waiver. In the absence
of such a waiver from each such family member, a marital and family therapist shall
not disclose communications with any family member. The person or his authorized
representative may withdraw any consent given under the provisions of this section at
any time in a writing addressed to the individual with whom or the office in which the
original consent was filed. The withdrawal of consent shall not affect communications
disclosed prior to notice of the withdrawal.
(c) Consent of the person shall not be required for the disclosure of such person's
communications:
(1) Where mandated by any other provision of the general statutes;
(2) Where a marital and family therapist believes in good faith that the failure to
disclose such communications presents a clear and present danger to the health or safety
of any individual;
(3) Where a marital and family therapist makes a claim for collection of fees for
services rendered, the name and address of the person and the amount of the fees may
be disclosed to individuals or agencies involved in such collection, provided notification
that such disclosure will be made is sent, in writing, to the person not less than thirty
days prior to such disclosure. In cases where a dispute arises over the fees or claims or
where additional information is needed to substantiate the claim, the disclosure shall
be limited to the following: (A) That the person was receiving services from a marital
and family therapist, (B) the dates of such services, and (C) a general description of the
types of services.
(P.A. 92-225, S. 1, 5.)
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(1) "Person" means an individual who consults a social worker for purposes of
evaluation or treatment;
(2) "Social worker" means an individual licensed as a clinical social worker pursuant to chapter 383b or an individual reasonably believed by the person to be so licensed;
(3) "Communications and records" means all oral and written communications and
records thereof relating to the evaluation or treatment of a person between such person
and a social worker, or between a member of such person's family and a social worker, or
between such person or a member of such person's family and an individual participating
under the supervision of a social worker in the accomplishment of the objectives of
evaluation or treatment, wherever made;
(4) "Consent" means consent given in writing by the person or his authorized representative;
(5) "Authorized representative" means (A) an individual empowered by a person
to assert the confidentiality of communications and records under this section, or (B) if
a person is deceased, his administrator or executor or, in the absence of such fiduciary,
his next of kin, or (C) if a person has been declared incompetent to assert or waive his
privileges under this section, a guardian or conservator who is duly appointed to act for
the person;
(6) "Mental health facility" includes any hospital, clinic, ward, social worker's office or other facility, public or private, which provides inpatient or outpatient service,
in whole or in part, relating to the diagnosis or treatment of a person's mental condition.
(b) All communications and records shall be confidential and, except as provided
in subsection (c) of this section, a social worker shall not disclose any such communications and records unless the person or his authorized representative consents to such
disclosure. Any consent given shall specify the individual or agency to which the communications and records are to be disclosed, the scope of the communications and records to be disclosed, the purpose of the disclosure and the expiration date of the consent.
A copy of the consent form shall accompany any communications and records disclosed.
The person or his authorized representative may withdraw any consent given under the
provisions of this section at any time by written notice to the individual with whom or
the office in which the original consent was filed. The withdrawal of consent shall not
affect communications and records disclosed prior to notice of the withdrawal, except
that such communications and records may not be redisclosed after the date of the notice
of withdrawal.
(c) Consent of the person shall not be required for the disclosure or transmission
of such person's communications and records in the following situations as specifically
limited:
(1) Communications and records may be disclosed to other individuals engaged in
the diagnosis or treatment of the person or may be transmitted to a mental health facility
to which the person is admitted for diagnosis or treatment if the social worker in possession of the communications and records determines that the disclosure or transmission
is needed to accomplish the objectives of diagnosis or treatment, or when a social worker,
in the course of evaluation or treatment of the person, finds it necessary to disclose the
communications and records for the purpose of referring the person to a mental health
facility. The person shall be informed that the communications and records have been
so disclosed or transmitted. For purposes of this subdivision, individuals in professional
training are to be considered as engaged in the diagnosis or treatment of the person.
(2) Communications and records may be disclosed when a social worker determines
that there is a substantial risk of imminent physical injury by the person to himself or
others, or when disclosure is otherwise mandated by any provision of the general statutes.
(3) Communications and records made in the course of an evaluation ordered by a
court may be disclosed at judicial proceedings in which the person is a party provided
the court finds that the person has been informed before making the communications
that any communications and records may be so disclosed and provided further that
communications and records shall be admissible only on issues involving the person's
mental condition.
(4) Communications and records may be disclosed in a civil proceeding in which
the person introduces his mental condition as an element of his claim or defense or, after
the person's death, when his condition is introduced by a party claiming or defending
through or as a beneficiary of the person. For any disclosure under this subdivision, the
court shall find that it is more important to the interests of justice that the communications
and records be disclosed than that the relationship between the person and the social
worker be protected.
(5) If a social worker makes a claim for collection of fees for services rendered, the
name and address of the person and the amount of the fees may be disclosed to individuals
or agencies involved in such collection, provided written notification that such disclosure will be made is sent to the person not less than thirty days prior to such disclosure.
In cases where a dispute arises over the fees or claims or where additional information
is needed to substantiate the fees or claims, the disclosure of further information shall
be limited to the following: (A) That the person did in fact receive the services of the
social worker, (B) the dates and duration of such services, and (C) a general description
of the types of services.
(P.A. 92-225, S. 2, 5; P.A. 95-116, S. 9.)
History: P.A. 95-116 redefined "social worker", changing reference to "certified independent" social workers to "licensed clinical" social workers.
Cited. 37 CA 213, 216.
Subsec. (b):
Cited. 37 CA 213, 216.
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(1) "Authorized representative" means an individual empowered by a public agency
to assert the confidentiality of communications that are privileged under this section;
(2) "Confidential communications" means all oral and written communications
transmitted in confidence between a public official or employee of a public agency
acting in the performance of his or her duties or within the scope of his or her employment
and a government attorney relating to legal advice sought by the public agency or a
public official or employee of such public agency from that attorney, and all records
prepared by the government attorney in furtherance of the rendition of such legal advice;
(3) "Government attorney" means a person admitted to the bar of this state and
employed by a public agency or retained by a public agency or public official to provide
legal advice to the public agency or a public official or employee of such public
agency; and
(4) "Public agency" means "public agency" as defined in section 1-200.
(b) In any civil or criminal case or proceeding or in any legislative or administrative
proceeding, all confidential communications shall be privileged and a government attorney shall not disclose any such communications unless an authorized representative of
the public agency consents to waive the privilege and allow such disclosure.
(P.A. 99-179, S. 1.)
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(1) "Person" means an individual who consults a professional counselor for purposes of diagnosis or treatment;
(2) "Professional counselor" means an individual licensed as a professional counselor pursuant to chapter 383c;
(3) "Communications" means all oral and written communications and records
thereof relating to the diagnosis and treatment of a person between such person and a
professional counselor or between a member of such person's family and a professional
counselor;
(4) "Consent" means consent given in writing by the person or such person's authorized representative;
(5) "Authorized representative" means (A) an individual empowered by a person
to assert the confidentiality of communications which are privileged under this section,
or (B) if a person is deceased, the personal representative or next of kin of such person,
or (C) if a person is incompetent to assert or waive such person's privileges hereunder,
(i) a guardian or conservator who has been or is appointed to act for the person, or
(ii) for the purpose of maintaining confidentiality until a guardian or conservator is
appointed, the person's nearest relative.
(b) Except as provided in subsection (c) of this section, a professional counselor
shall not disclose any such communications unless the person or the authorized representative of such person consents to waive the privilege and allow such disclosure. The
person or the authorized representative of such person may withdraw any consent given
under the provisions of this section at any time in writing addressed to the individual
with whom or the office in which the original consent was filed. The withdrawal of
consent shall not affect communications disclosed prior to notice of the withdrawal.
(c) Consent of the person shall not be required for the disclosure of such person's
communications:
(1) If a judge finds that a person, after having been informed that the communications would not be privileged, has made the communications to a professional counselor
in the course of a mental health assessment ordered by the court, provided the communications shall be admissible only on issues involving the person's mental health condition;
(2) If, in a civil proceeding, a person introduces such person's mental health condition as an element of the claim or defense of such person or, after a person's death, the
condition of such person is introduced by a party claiming or defending through or as
a beneficiary of the person, and the judge finds that it is more important to the interests
of justice that the communications be disclosed than that the relationship between the
person and professional counselor be protected;
(3) Where mandated by any other provision of the general statutes;
(4) Where the professional counselor believes in good faith that the failure to disclose such communication presents a clear and present danger to the health or safety of
any individual;
(5) If the professional counselor believes in good faith that there is risk of imminent
personal injury to the person or to other individuals or risk of imminent injury to the
property of other individuals;
(6) If child abuse, abuse of an elderly individual or abuse of an individual who is
disabled or incompetent is known or in good faith suspected; or
(7) Where a professional counselor makes a claim for collection of fees for services
rendered, the name and address of the person and the amount of the fees may be disclosed
to individuals or agencies involved in such collection, provided notification that such
disclosure will be made is sent, in writing, to the person not less than thirty days prior
to such disclosure. In cases where a dispute arises over the fees or claims or where
additional information is needed to substantiate the claim, the disclosure of further information shall be limited to the following: (A) That the person was in fact receiving
professional counseling, (B) the dates of such services, and (C) a general description
of the types of services.
(P.A. 00-190.)
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(1949 Rev., S. 7870; 1959, P.A. 541.)
History: 1959 act required name and address of person taking statement.
Provides only for recovery of damages for personal injuries and does not apply in an action to recover for breach of
contract. 143 C. 372. Retroactive effect should not be given to 1959 amendment re name and address of person taking
statement. 148 C. 447. Cited. 211 C. 555, 560.
Work-product privilege is accorded only to product of lawyers; hence statement obtained by claims adjuster of defendant's insurer from defendant operator was ordered produced upon plaintiff's motion for disclosure and production. 28
CS 212.
A printed form sent by defendant's liability insurer to plaintiffs and filled out by them was properly excluded from
evidence in personal injury action of named plaintiff because no copy was given to him as required by this section. 3 Conn.
Cir. Ct. 366.
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(1949 Rev., S. 7871; 1955, S. 3152d; 1957, P.A. 212; 1961, P.A. 505, S. 1; 1963, P.A. 98; 642, S. 83; P.A. 76-80, S.
2, 3; 76-273, S. 6.)
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(b) If the party initiating the action or proceeding seeks to take a deposition prior
to the expiration of twenty days after the return day in civil actions or prior to twenty
days after service of the notice of deposition in a probate proceeding, he shall obtain an
order of the court, except such order shall not be required (1) if an adverse party has
served a notice of taking a deposition or otherwise sought discovery, or (2) if special
notice has been given as provided in subsection (b) of section 52-148b.
(c) The deposition of a person confined in prison may be taken only by an order of
the court on such terms as the court prescribes.
(P.A. 76-273, S. 1.)
Cited. 211 C. 555, 560. Cited. 216 C. 483, 488. Cited. 229 C. 716, 752. Cited. 230 C. 1, 5.
Cited. 25 CA 126, 128.
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(b) An order of the court is not required for the taking of a deposition by the party
initiating a civil action or probate proceeding if the notice (1) states that the person to
be examined is about to go out of this state, or is bound on a voyage to sea, and will be
unavailable for examination unless his deposition is taken before expiration of the
twenty-day period, and (2) sets forth facts to support such statements. The attorney for
the party seeking to take the deposition shall sign the notice, and his signature constitutes
a certification by him that to the best of his knowledge, information, and belief the
statement and supporting facts are true.
(c) Whenever the whereabouts of any adverse party is unknown, a deposition may
be taken pursuant to section 52-148a after such notice as the court, in which such deposition is to be used, or, when such court is not in session, any judge thereof, may direct.
(P.A. 76-273, S. 2.)
Cited. 211 C. 555, 560. Cited. 216 C. 483, 488. Cited. 229 C. 716, 752.
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(b) In any other state or country, depositions for use in a civil action or probate
proceeding within this state shall be taken before a notary public, a commissioner appointed by the Governor of this state, any magistrate having power to administer oaths
or a person commissioned by the court before which such action or proceeding is pending, or when such court is not in session, by any judge thereof. Any person so commissioned shall have the power by virtue of his commission to administer any necessary
oath and to take testimony. Additionally, if a deposition is to be taken out of the United
States, it may be taken before any foreign minister, secretary of a legation, consul or
vice-consul, appointed by the United States or any person by him appointed for the
purpose and having authority under the laws of the country where the deposition is to
be taken; and the official character of any such person may be proved by a certificate
from the Secretary of State of the United States.
(P.A. 76-273, S. 3.)
Cited. 205 C. 542, 552. Cited. 211 C. 555, 560. Cited. 229 C. 716, 752.
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(b) The authority taking a deposition shall: (1) Attest the subscribing of the deposition and oath of the person deposed, (2) certify whether each adverse party or his agent
was present and notified, (3) certify the reason for taking the deposition, and (4) seal
the deposition and direct it to the court where it is to be used and deliver it, if requested,
to the party at whose request it was taken.
(c) The party on whose behalf the deposition of an adverse party is taken shall be
subject to having his deposition taken on behalf of such adverse party. The party on
whose behalf a deposition is taken shall at his expense provide a copy of the deposition
to each adverse party.
(P.A. 76-273, S. 4; P.A. 82-160, S. 70.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Cited. 211 C. 555, 560. Cited. 229 C. 716, 752.
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(b) The subpoena may command the person to whom it is directed to produce and
permit inspection and copying of designated books, papers, documents or tangible things
which are material to the cause of action or the defense of the party at whose request the
subpoena was issued and within the possession or control of the person to be examined.
However, no subpoena may compel the production of matters which are privileged or
otherwise protected by law from discovery.
(c) Any person to whom a subpoena commanding production of books, papers,
documents or tangible things has been directed may, within fifteen days after the service
thereof or on or before the time specified in the subpoena for compliance if such time
is less than fifteen days after service, serve upon the issuing authority designated in the
subpoena written objection to inspection or copying of any or all of the designated
materials. If objection is made, the party at whose request the subpoena was issued shall
not be entitled to inspect and copy the disputed materials except pursuant to an order
of the court in which the cause is pending. The party who requested the subpoena may,
if objection has been made, move upon notice to the deponent for an order at any time
before or during the taking of the deposition.
(d) The court in which the cause is pending may, upon motion made promptly and
in any event at or before the time for compliance specified in a subpoena authorized by
subsection (b) of this section, (1) quash or modify the subpoena if it is unreasonable
and oppressive or if it seeks the production of materials not subject to production under
the provisions of subsection (b) of this section, or (2) condition denial of the motion
upon the advancement by the party who requested the subpoena of the reasonable cost
of producing the materials which he is seeking.
(e) If any person to whom a lawful subpoena is issued under any provision of this
section fails without just excuse to comply with any of its terms, the court before which
the cause is pending, or any judge thereof, may issue a capias and cause him to be
brought before such court or judge, as the case may be, and, if the person subpoenaed
refuses to comply with said subpoena, such court or judge may commit him to jail until
he signifies his willingness to comply with it.
(f) Deposition of witnesses living in this state may be taken in like manner to be
used as evidence in a civil action or probate proceeding pending in any court of the
United States or of any other state of the United States or of any foreign country, on
application of any party to such civil action or probate proceeding.
(P.A. 76-273, S. 5; P.A. 77-604, S. 32, 84.)
History: P.A. 77-604 made technical correction.
Cited. 211 C. 555, 560. Cited. 216 C. 483, 489. Cited. 230 C. 1, 5.
Subsec. (a):
Cited. 216 C. 483, 488.
Subsec. (f):
Cited. 216 C. 483, 485, 488.
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(1949 Rev., S. 7872; 1955, S. 3153d; 1961, P.A. 505, S. 2; P.A. 76-273, S. 6.)
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(b) Whenever the deposition of a physician, psychologist, chiropractor, natureopathic physician or dentist is so taken, the party requesting the deposition shall pay to
the medical expert the fee for giving testimony for the deposition.
(P.A. 76-423; P.A. 77-210; P.A. 79-376, S. 71; P.A. 82-160, S. 71; P.A. 99-102, S. 47.)
History: P.A. 77-210 added Subsec. (b) re payment of fee for testimony to medical experts; P.A. 79-376 substituted
"workers' compensation" for "workmen's compensation" where appearing; P.A. 82-160 made minor technical changes;
P.A. 99-102 deleted obsolete references to osteopathic physicians and made a technical change re gender neutrality.
Cited. 211 C. 555, 560. Cited. 229 C. 716, 752.
Cited. 45 CA 165.
Subsec. (a):
Cited. 203 C. 554, 564.
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