CHAPTER 901*
DAMAGES, COSTS AND FEES

*See notes to Secs. 52-257, 52-265.
Cited. 235 C. 1, 40.
In statutory proceedings, if there is no provision of law or rule governing taxation of costs, costs may be awarded in court's discretion. 21 CS 331.

Table of Contents

Sec. 52-236. Actions on contract; evidence of damages since suit.
Sec. 52-237. Damages in actions for libel.
Sec. 52-238. Damages in actions on penal bonds.
Sec. 52-239. When broadcasting stations, networks, CATV systems liable for defamation.
Sec. 52-240. Effect of damages on costs.
Sec. 52-240a. Award of attorney's fees in product liability action.
Sec. 52-240b. Punitive damages in product liability actions.
Secs. 52-241 and 52-242. Municipal courts; costs in contract actions. Costs on appeal from justice or municipal court.
Sec. 52-243. Costs when plaintiff is partly successful.
Sec. 52-244. When plaintiff not to recover costs.
Sec. 52-245. False statement concerning defense. Costs.
Sec. 52-246. Costs for service by indifferent person.
Sec. 52-247. Officer's fees on foreign attachment when garnishee not cited in.
Sec. 52-248. Costs when there are more civil actions than necessary.
Sec. 52-249. Costs and attorney's fees in actions for foreclosure and substitution of bond.
Sec. 52-250. Costs of application to dissolve injunction.
Sec. 52-251. Expenses and counsel fees in action to construe will or for advice concerning will or trust.
Sec. 52-251a. Costs, attorney's fees on small claims matter transferred to regular docket.
Sec. 52-251b. Costs and attorney's fees in action for deprivation of civil rights.
Sec. 52-251c. Limitation on attorney contingency fees in personal injury, wrongful death and property damage actions.
Sec. 52-251d. Attorney's fees in action to establish paternity or establish, modify or enforce child support orders in TANF cases.
Sec. 52-252. Costs for nonappearance of party giving notice of deposition.
Sec. 52-253. Costs in suit against manufacturers for nuisance.
Sec. 52-254. Costs in amicable suit.
Sec. 52-255. Costs on motion to expunge.
Sec. 52-256.
Sec. 52-256a. (Formerly Sec. 46-27). Award of attorney's and officer's fees in contempt action.
Sec. 52-256b. Award of attorney's and officer's fees in contempt action.
Sec. 52-257. Fees of parties in civil actions.
Sec. 52-257a. Fees in Circuit Court.
Sec. 52-258. Jury fees.
Sec. 52-259. Court fees.
Sec. 52-259a. Attorneys employed by the state not required to pay certain fees. Immigration and Naturalization Service not required to pay fee for certified copy of criminal record.
Sec. 52-259b. Waiver of fees and payment of the cost of service of process for indigent party.
Sec. 52-259c. Fee to open, set aside, modify, extend or reargue judgment.
Sec. 52-260. Witness fees.
Sec. 52-261. Fees and expenses of officers and persons serving process or performing other duties.
Sec. 52-261a. Fees and expenses of officers and persons serving process or performing other duties for the Judicial Department or Division of Criminal Justice.
Sec. 52-262. Fees for signing process, administering oaths, acknowledgments.


Sec. 52-236. Actions on contract; evidence of damages since suit. In any action founded on contract, for the recovery of damages, the plaintiff may offer evidence of any damages that may have accrued from the same cause of action subsequent to the bringing of the action, provided he shall have given reasonable notice to the defendant of the damages which he intends to prove, and may recover judgment for the full amount of damages he may prove that he has sustained. The plaintiff, upon giving such notice, may, by leave of the court, increase the statement of amount in demand in the writ subject to the provisions of sections 52-91 and 52-259.
(1949 Rev., S. 7982; P.A. 82-160, S. 219.)
History: P.A. 82-160 rephrased the section and deleted a provision which prohibited the plaintiff from increasing his demand by an amount which would carry it beyond the jurisdiction of the court and replaced it with a provision making an increase in the amount in demand "subject to the provisions of section 52-91 and section 52-259".
Applies to damage set up under a counterclaim. 64 C. 563. Has no application to a cause of action nonexistent when the suit was begun. 71 C. 425. Applied to action for breach of covenant in deed by lease not expiring until after action brought. 87 C. 169. Cited. 225 C. 804, 813, 814.
Cited. 7 CS 247. Action for damages for breach of lease not within scope of a "debt or liquidated demand in money"; authorities reviewed. 17 CS 35. Cited. 37 CS 840, 842.
Cited. 4 Conn. Cir. Ct. 284.

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Sec. 52-237. Damages in actions for libel. In any action for a libel the defendant may give proof of intention; and unless the plaintiff proves either malice in fact or that the defendant, after having been requested by him in writing to retract the libelous charge, in as public a manner as that in which it was made, failed to do so within a reasonable time, he shall recover nothing but such actual damage as he may have specially alleged and proved.
(1949 Rev., S. 7983.)
"Malice in fact" defined. 27 C. 27, 28; 106 C. 132. Publishing a false charge of crime against another, in a newspaper, proves such malice. 30 C. 419. Evidence of special damage. 27 C. 26; 30 C. 419. "Malice in fact" is not malignity or personal ill will, but an improper and unjustifiable motive. 57 C. 73; 85 C. 24; 88 C. 251. What evidence admissible as a justification under "proof of intention." 57 C. 92. Circumstances held to justify a finding of "malice in fact." 60 C. 491. Existence of malice in fact is for the trial court. 60 C. 493; 87 C. 222. Proof of malice considered in reference to the claim of a privileged communication. 66 C. 175; 67 C. 510; 81 C. 293; 85 C. 24; 87 C. 220; 91 C. 430; 106 C. 132. Rule of damages where no special damages proved. 85 C. 23; 79 C. 523; 107 C. 123. Repetition of words as evidence of actual malice. 86 C. 261. Exemplary damages proper when. 72 C. 731. Privilege. 64 C. 223; 72 C. 335; 78 C. 365; 88 C. 247. Defendant may testify to motive or feeling prompting his conduct. 91 C. 432. Words libelous per se; presumption of malice and damages; compensatory and punitive damages where actual malice shown; 92 C. 236; 107 C. 123; effect of privileged occasion as to malice; actual malice question of fact. 92 C. 331. Cited. 97 C. 38; 106 C. 129. Libel per se against attorney. 106 C. 131. Words slanderous per se will support substantial recovery without proof of special damage. 107 C. 123. A charge of a person having committed a crime is libelous per se, from which the law presumes damage without special proof. 113 C. 580. When a libel is expressed in clear and unambiguous terms, the question whether it is libelous per se is one of law for the court. 136 C. 557. No basis for appeal where plaintiff failed to make clear objections to charge by court below concerning effect of statute. 157 C. 507. Cited. 162 C. 388.
Cited. 11 CA 584, 604−606. Cited. 25 CA 16, 18.
If special damages are not alleged, malice in fact must be proved. 15 CS 448. A libel is actionable per se if it charges improper conduct or lack of skill or integrity in one's profession or business and is of such a nature that it is calculated to cause injury to one in his profession or business. 22 CS 248. The essential elements of a qualifiedly privileged communication are good faith, an interest to be upheld, a statement limited in its scope to that purpose, a proper occasion, and publication in a proper manner to proper parties. Id. Cited. 33 CS 4.

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Sec. 52-238. Damages in actions on penal bonds. (a) In any action on a penal bond, containing any condition which has been broken, such damages only shall be assessed as are equitably due, and judgment shall not be rendered for the whole penalty, unless it appears to be due.
(b) If, upon a bond with conditions the breach of which may happen at different times, an action is brought upon the first breach, the court, upon finding a forfeiture of the bond, shall render judgment for what is due in equity at the time, with costs, and award execution. Upon any further or other breach of condition, the obligee, his executors or administrators may take out a scire facias against the obligor, his executors or administrators, from the clerk of the court in which the judgment was given, to show cause why execution should not be awarded for the money then due, or damages then sustained. The court shall thereupon render judgment for what appears to be due in equity and grant execution thereon, and may so render judgment and grant execution, from time to time, until the condition is fully performed. The whole amount of the judgments shall not exceed the penalty of the bond with interest.
(1949 Rev., S. 7984; P.A. 82-160, S. 222.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
A tender of the amount justly due on a bond, though less than its face, is good. 2 C. 662. No judgment can be rendered on any bond for more than the penalty, with interest. 4 D. 36. Interest on probate bond may run from time of demand. 38 C. 324. A technical breach of bond resulting in no damage is not ground for a new trial. 60 C. 482. Statute does not apply to actions of replevin. 48 C. 140. Applies to recognizance or bond made to release attachment. 74 C. 175. Scope of equities considered. 74 C. 338; 77 C. 70. Same doctrine applied to penalty stated in injunction. 83 C. 427. Applies to obligations of surety. 78 C. 698. Does not apply to criminal bond. 83 C. 686. Right to chancer a bond exists only where liability is admitted. 72 C. 607. When recovery not limited to penalty. 81 C. 252. Cited. 71 C. 452. Legal interest as measure of damages where impossible to ascertain profits made by improper use of trust funds. 120 C. 337. To be available in defense to suit on probate bond, credits for payments to creditors and legatees must have been authenticated by probate court through settlement of executor's account. 124 C. 111. Cited. 128 C. 322. Damages "equitably due" means "justly due." 148 C. 569. Cited. 177 C. 527, 535, 536.
Cited. 19 CS 130. Recovery limited to amount of bond, with possible addition of interest. Id., 457.

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Sec. 52-239. When broadcasting stations, networks, CATV systems liable for defamation. The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, licensee or operator of such a station or network of stations, or the owner, licensee or operator of a community antenna television system, or the agents or employees of any such owner of a community antenna television system, shall not be liable for any damages for any defamatory statement uttered over the facilities of the station, network or community antenna television system by or on behalf of a candidate for public office or by any other person. This section shall not apply to any such owner, licensee, operator, agent or employee who wilfully, knowingly and with intent to defame participates in the broadcast of a defamatory statement.
(1955, S. 3191d; P.A. 75-120; P.A. 82-160, S. 220.)
History: P.A. 75-120 applied provisions to owners, licensees or operators of community antenna television systems and to their agents or employees; P.A. 82-160 rephrased the section.

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Sec. 52-240. Effect of damages on costs. (a) In any action founded on tort tried in the Superior Court, if the damages found do not exceed fifty dollars, the plaintiff shall recover no more costs than damages, subject to the provisions of this section.
(b) If the title to property, or a right-of-way, or to the use of water, is in question, or if the damages were reduced so as not to exceed fifty dollars by reason of an act of the defendant pending the action, the plaintiff shall recover full costs.
(c) Judgment for nominal damages upon a hearing after a default or a demurrer overruled shall entitle the party in whose favor damages are given to the full taxable costs of the action.
(1949 Rev., S. 7985; 1959, P.A. 28, S. 117; 1963, P.A. 642, S. 53; P.A. 74-183, S. 89, 291; P.A. 76-436, S. 135, 681; P.A. 82-160, S. 127.)
History: 1959 act substituted circuit court for municipal court; 1963 act deleted stipulation section apply only to tort actions not brought to courts on appeal; P.A. 74-183 removed actions tried in circuit court from purview of section, reflecting transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 76-436 removed actions tried in court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased provisions and added Subsec. indicators.
See Sec. 47-41 re consideration of notice as disturbance of right.
The title or right must be so brought in question that the record may show that it was decided. 18 C. 394; 1 R. 525; 52 C. 255; 54 C. 57, 58. If brought up under a plea and notice, it may be sufficient. 21 C. 80. Trespass qu. cl. fr. 21 C. 80; 25 C. 249. Case for diversion of water. 36 C. 151. Payment, pending suit. 19 C. 529; 39 C. 462. Return of property, pending suit. 1 R. 136. Retrospective law. 30 C. 326. Applied where count in tort beyond jurisdiction of court was added to count in tort and verdict was rendered for one dollar damages; 79 C. 305; and to action on statute for killing registered dog; 80 C. 435; or for bite of dog. 86 C. 710. Though charter of city gives its court same powers as justices of the peace, this section applies. 80 C. 437. Amendment of 1907 held to apply to pending case. 81 C. 216. "Default" and "demurrer overruled" have different meanings. 63 C. 266. Nominal damages. 119 C. 496. Cited. 218 C. 309, 318.
Tort defined. 7 CS 521.

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Sec. 52-240a. Award of attorney's fees in product liability action. If the court determines that the claim or defense is frivolous, the court may award reasonable attorney's fees to the prevailing party in a products liability action.
(P.A. 79-483, S. 7.)
Cited. 187 C. 363, 371. Cited. 210 C. 189−191, 193. Product liability act cited. Id. Cited. 239 C. 284. Cited. 240 C. 58.
P.A. 79-483 (products liability law) cited. 16 CA 558, 562.
Cited. 39 CS 132, 134.

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Sec. 52-240b. Punitive damages in product liability actions. Punitive damages may be awarded if the claimant proves that the harm suffered was the result of the product seller's reckless disregard for the safety of product users, consumers or others who were injured by the product. If the trier of fact determines that punitive damages should be awarded, the court shall determine the amount of such damages not to exceed an amount equal to twice the damages awarded to the plaintiff.
(P.A. 79-483, S. 8.)
Cited. 187 C. 363, 371. Cited. 210 C. 189−191, 193. Product liability act cited. Id. Cited. 212 C. 509, 532, 562, 569. Cited. 221 C. 674, 681. Cited. 241 C. 199. Cited. 243 C. 168.
Cited. 8 CA 642, 654−656. P.A. 79-483 (products liability law) cited. 16 CA 558, 562. Cited. 43 CA 1.
Legislative meaning attributed to words "claimant" and "harm", in Sec. 52-572m(c) and (d) are sufficiently broad to permit an award of punitive damages in connection with a product liability claim involving only damage to property. 39 CS 269−272. Cited. 42 CS 153−155.

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Secs. 52-241 and 52-242. Municipal courts; costs in contract actions. Costs on appeal from justice or municipal court. Sections 52-241 and 52-242 are repealed.
(1949 Rev., S. 7986, 7987; 1949, S. 3189d; 1959, P.A. 28, S. 204.)

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Sec. 52-243. Costs when plaintiff is partly successful. If a verdict is found on any issue joined in an action in favor of the plaintiff, costs shall be allowed to him, though on some other issue the defendant should be entitled to judgment, unless the court which tried the issue is of the opinion that the defendant had probable cause to plead the matter found against him.
(1949 Rev., S. 7988; P.A. 82-160, S. 118.)
History: P.A. 82-160 replaced "the cause" with "an action" and rephrased the section.
Practice act changed former method of pleading defenses. 67 C. 377. Cited. 71 C. 198. Cited. 192 C. 301, 306.

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Sec. 52-244. When plaintiff not to recover costs. Costs shall not be recovered by the plaintiff in any case in which he has begun an action with counts in fraud only and afterwards amends his complaint by substituting or adding counts in contract. In such case the defendant shall recover his taxable costs, and the court may, in its discretion, tax double costs in favor of the defendant.
(1949 Rev., S. 7989; P.A. 82-160, S. 119.)
History: P.A. 82-160 rephrased the section.
Cited. 63 C. 370.

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Sec. 52-245. False statement concerning defense. Costs. In any case in which an affidavit has been filed by the defendant, or a statement that he has a bona fide defense has been made to the court by his attorney, and the plaintiff recovers judgment, if the court is of the opinion that such affidavit was filed or statement made without just cause or for the purpose of delay, it may allow to the plaintiff, at its discretion, double costs, together with a reasonable counsel fee to be taxed by the court.
(1949 Rev., S. 7990.)
Cited. 186 C. 673, 676, 682.
Cited. 4 CA 669−671.
Award of double costs and counsel fee under this section is in trial court's discretion and its decision will not be disturbed on appeal. 5 Conn. Cir. Ct. 150.

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Sec. 52-246. Costs for service by indifferent person. Costs shall not be taxed, without the written consent of the defendant, for service by an indifferent person of process commencing a civil action, if the court before which it is returnable finds that no sufficient reason existed for the deputation of an indifferent person to serve the process.
(1949 Rev., S. 7991; P.A. 82-160, S. 120.)
History: P.A. 82-160 rephrased the section.

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Sec. 52-247. Officer's fees on foreign attachment when garnishee not cited in. In any action commenced by process of foreign attachment or garnishment in which any garnishee is not cited in to disclose, the court may tax and allow, or disallow, all or any part of the fees of the officer for service of the writ upon the garnishee. The fees, if disallowed by the court, shall be paid to the officer by the plaintiff.
(1949 Rev., S. 7992; P.A. 82-160, S. 121.)
History: P.A. 82-160 added "or garnishment" after "foreign attachment" and made minor technical changes.

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Sec. 52-248. Costs when there are more civil actions than necessary. When two or more civil actions are pending in the same court at the same time for the recovery of the same demand, or against two or more officers, upon receipts for executions arising from the same original judgment, the court shall not allow any costs in any such action, unless it is of the opinion that the commencement of all of the actions was necessary to secure the demand.
(1949 Rev., S. 7993; P.A. 82-160, S. 122.)
History: P.A. 82-160 replaced "suits" with "civil actions" or "actions", and "suit" with "action".

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Sec. 52-249. Costs and attorney's fees in actions for foreclosure and substitution of bond. (a) The plaintiff in any action of foreclosure of a mortgage or lien, upon obtaining judgment of foreclosure, when there has been a hearing as to the form of judgment or the limitation of time for redemption, shall be allowed the same costs, including a reasonable attorney's fee, as if there had been a hearing on an issue of fact. The same costs and fees shall be recoverable as part of the judgment in any action upon a bond which has been substituted for a mechanic's lien.
(b) In any foreclosure judgment when a lis pendens had been recorded after a title search of real property, the court shall determine a reasonable fee to be paid for the search and tax it as part of the costs.
(1949 Rev., S. 7994; 1969, P.A. 440; P.A. 82-160, S. 123; P.A. 84-282, S. 1; P.A. 99-153, S. 8.)
History: 1969 act added Subsec. (b) re fees for title searches in foreclosure judgments; P.A. 82-160 replaced real "estate" with real "property"; P.A. 84-282 amended Subsec. (a) to include reasonable attorney's fees as allowable costs; P.A. 99- 153 amended Subsec. (a) to allow recovery of costs and attorney's fees in cases where a bond has been substituted for a mechanic's lien.
In foreclosure, costs thrown on defendant only if he seeks to redeem. 81 C. 442. Cited. 216 C. 85, 108.
Cited. 22 CA 468, 476.
Subsec. (a):
Cited. 19 CA 8, 9, 15.

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Sec. 52-250. Costs of application to dissolve injunction. The costs of an application to dissolve an injunction may be allowed and taxed by the court, according to its discretion, in making the final decree. In any action in which a motion for the dissolution of a temporary injunction is heard before any judge when the court is not in session, the judge shall be entitled to be paid a reasonable sum for his time and expenses by the party moving for the dissolution, which shall be taxed in the bill of costs in the same manner as other costs in actions for equitable relief.
(1949 Rev., S. 7996; P.A. 82-160, S. 124; P.A. 83-587, S. 63, 96.)
History: P.A. 82-160 rephrased the section; P.A. 83-587 made a technical amendment.
Judgment for costs upon withdrawal is a "final decree." 62 C. 490. The taxation of costs allowable within the discretion of the court is not reviewable. Id.

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Sec. 52-251. Expenses and counsel fees in action to construe will or for advice concerning will or trust. In any action brought to a court of equitable jurisdiction for the construction of a will or for the advice of the court as to the administration of an estate or trust under a will or trust instrument, by any person acting in a fiduciary capacity thereunder, there shall be allowed to each of the parties to the proceeding such reasonable sum for expenses and counsel fees as the court, in its discretion, deems equitable. The allowance shall be taxed as costs in the action, to be paid out of the estate.
(1949 Rev., S. 7997; 1955, S. 3190d; P.A. 82-160, S. 125.)
History: P.A. 82-160 rephrased the section.
Expenses of litigation not payable out of the estate, when. 50 C. 577. After settlement and distribution the executor cannot maintain a suit for a construction of the will. 60 C. 398. Suit can properly be brought only by an executor or trustee claiming under the will. 63 C. 309. Provision de expenses and counsel fees is merely declaratory of existing rules of chancery practice. 65 C. 175. Where decree of lower court in part affirmed, remanding case with directions to enter judgment, with provision for allowance and costs. 65 C. 183. The determination of the amount to be allowed for expenses and counsel fees is a judicial matter for the court; it cannot be left to the clerk or to the parties. 72 C. 32. Cited. Id., 328. Where suit involved only one-third of estate, costs were imposed on that third. 72 C. 494. Trial court, in giving judgment, cannot reserve right to make allowances in case of an appeal. 82 C. 195. Costs taxed against entire estate. 102 C. 508. Against entire residuary estate. 105 C. 756. Superior court has no power to allow counsel fees in contest over admission of will. 131 C. 224. No abuse of discretion in amount allowed by court as counsel fees. 137 C. 516. General estate liable for expenses and counsel fees. If action relates to particular property or fund, equitable principles apply. 141 C. 163. Appeals from decree of probate court not proceedings embraced within this statute. 153 C. 490, 500. Court may not retain jurisdiction by stating in its judgment that determination of expense and counsel fee allowance would take place later. 154 C. 352, 362. Expenses and counsel fees of parties not allowed where trustee sought advice as to transactions extraneous to trust instrument on which claims were based. 157 C. 315. Plea for advice as to distribution of trust renders trust estate subject to provisions of statute. 160 C. 250. Cited. 161 C. 312. Cited. 183 C. 85, 91. Cited. 212 C. 678, 679, 696−698.
Cited. 7 CS 235. In action by executor seeking determination of ownership of certain savings accounts, counsel fees cannot be awarded. 16 CS 391. Counsel fees in action for construction of will not chargeable against portion of will as to which there is no ambiguity. 17 CS 44. Cited. 42 CS 474, 501−504, 507, 509−513.

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Sec. 52-251a. Costs, attorney's fees on small claims matter transferred to regular docket. Whenever the plaintiff prevails in a small claims matter which was transferred to the regular docket in the Superior Court on the motion of the defendant, the court may allow to the plaintiff his costs, together with reasonable attorney's fees to be taxed by the court.
(P.A. 73-52; P.A. 74-183, S. 167, 291; P.A. 76-436, S. 146, 681.)
History: P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978.
Cited. 206 C. 542, 548. Cited. 216 C. 85, 108. Cited. 220 C. 162, 168, 169.
Cited. 12 CA 353−355, 363.
Cited. 33 CS 609. Court abused its discretion by awarding "reasonable attorneys' fees" of $300 after finding at least fifty hours of preparation were required and that reasonable rate of compensation for legal services at that time was $40 per hour. 36 CS 619, 623. Cited. 37 CS 574, 575; id., 873, 875, 876.

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Sec. 52-251b. Costs and attorney's fees in action for deprivation of civil rights. (a) In any civil action to recover damages for injury to the person or to real or personal property arising out of a violation of section 46a-58, the court may allow the prevailing party his costs, together with a reasonable attorney's fee to be taxed by the court.
(b) The provisions of subsection (a) of this section shall not be deemed: (1) To create a new cause of action against any individual, the state or any municipality, or against any officer, official or employee of the state or any municipality; or (2) to confer any new jurisdiction upon the Superior Court in any action against any individual, the state or any municipality or any officer, official or employee thereof.
(P.A. 84-36, S. 1, 2.)
Cited. 204 C. 17, 22, 26−28. Cited. 216 C. 85, 107, 110.
Subsec. (a):
Cited. 216 C. 85, 110.
Subsec. (b):
Cited. 204 C. 17, 28. Cited. 216 C. 85, 110.

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Sec. 52-251c. Limitation on attorney contingency fees in personal injury, wrongful death and property damage actions. (a) In any claim or civil action to recover damages resulting from personal injury, wrongful death or damage to property occurring on or after October 1, 1987, the attorney and the claimant may provide by contract, which contract shall comply with all applicable provisions of the rules of professional conduct governing attorneys adopted by the judges of the Superior Court, that the fee for the attorney shall be paid contingent upon, and as a percentage of: (1) Damages awarded and received by the claimant; or (2) settlement amount pursuant to a settlement agreement.
(b) In any such contingency fee arrangement such fee shall be the exclusive method for payment of the attorney by the claimant and shall not exceed an amount equal to a percentage of the damages awarded and received by the claimant or of the settlement amount received by the claimant as follows: (1) Thirty-three and one-third per cent of the first three hundred thousand dollars; (2) twenty-five per cent of the next three hundred thousand dollars; (3) twenty per cent of the next three hundred thousand dollars; (4) fifteen per cent of the next three hundred thousand dollars; and (5) ten per cent of any amount which exceeds one million two hundred thousand dollars.
(c) For the purposes of this section, "damages awarded and received" means in a civil action in which final judgment is entered, that amount of the judgment or amended judgment entered by the court that is received by the claimant, except that in a civil action brought pursuant to section 38a-368 such amount shall be reduced by any basic reparations benefits paid to the claimant pursuant to section 38a-365; "settlement amount received" means in a claim or civil action in which no final judgment is entered, the amount received by the claimant pursuant to a settlement agreement, except that in a claim or civil action brought pursuant to section 38a-368 such amount shall be reduced by any basic reparations benefits paid to the claimant pursuant to section 38a-365; and "fee" shall not include disbursements or costs incurred in connection with the prosecution or settlement of the claim or civil action, other than ordinary office overhead and expense.
(P.A. 86-338, S. 1; P.A. 87-227, S. 1; P.A. 91-380, S. 1.)
History: P.A. 87-227 amended Subsec. (a) to change the applicability of the section from "In any claim or civil action accruing on or after October 1, 1986, seeking damages as compensation for personal injury or wrongful death" to "In any claim or civil action to recover damages resulting from personal injury, wrongful death or damage to property occurring on or after October 1, 1987", to require the contract to comply with applicable provisions of the rules of professional conduct and to replace "damages awarded pursuant to a determination by the trier of fact" with "damages awarded and received by the claimant" and "amounts pursuant to a settlement agreement" with "settlement amount pursuant to a settlement agreement", amended Subsec. (b) to replace "percentage of the award or settlement amount" with "percentage of the damages awarded and received by the claimant or of the settlement amount received by the claimant", and added Subsec. (c) to define "damages awarded and received", "settlement amount received" and "fee"; P.A. 91-380 amended Subsec. (c) by revising the definitions of "damages awarded and received" and "settlement amount received" to provide that the amount received by a claimant in a claim or civil action brought pursuant to Sec. 38a-368 shall be reduced by any basic reparations benefits paid to the claimant pursuant to Sec. 38a-365.
P.A. 86-338 cited. 214 C. 1, 6, 7. Cited. 223 C. 786, 824. Cited. Id., 484, 489. Cited. Id., 786, 788, 789, 822, 824, 829−832. Cited. 231 C. 77, 78. Cited. 235 C. 107, 120.
Cited. 28 CA 693, 705. Cited. 43 CA 184. Cited. 45 CA 237. Section intended to regulate the attorney-client relationship in order to protect plaintiffs from excessive legal fees, and defendant insurer mayassert section as a special defense in action by an attorney for interference with a contractual relation. 48 CA699.
Benefits of section can be waived. 42 CS 526, 528, 530−534.
Subsec. (a):
Cited. 43 CA 184. Cited. 45 CA 237.
Subsec. (b):
Cited. 223 C. 786, 792, 830.
Cited. 42 CS 526, 527.

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Sec. 52-251d. Attorney's fees in action to establish paternity or establish, modify or enforce child support orders in TANF cases. (a) In any civil action to establish paternity or to establish, modify or enforce child support orders in TANF cases pursuant to sections 17b-745, 46b-86, 46b-160, 46b-171, 46b-172, 46b-215 and 46b-231, the court may allow the state, when it is the prevailing party, a reasonable attorney's fee.
(b) The provisions of subsection (a) of this section shall not be deemed: (1) To create a new cause of action against any individual; or (2) to confer any new jurisdiction upon the Superior Court in any action against any individual.
(P.A. 92-253, S. 9; June 18 Sp. Sess. P.A. 97-1, S. 70, 75; June 18 Sp. Sess. P.A. 97-2, S. 109, 165; June 18 Sp. Sess. P.A. 97-7, S. 27, 38.)
History: June 18 Sp. Sess. P.A. 97-1 deleted reference to Sec. 46b-180 in Subsec. (a) and made a technical change in Subsec. (b), effective January 1, 1998; June 18 Sp. Sess. P.A. 97-2 replaced reference to "AFDC" with "TANF" in Subsec. (a), effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by replacing reference to Sec. 17b-748 with Sec. 17b-745, effective July 1, 1997.

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Sec. 52-252. Costs for nonappearance of party giving notice of deposition. When a notice is given to an adverse party or his known agent or attorney, or left at his usual place of abode, that a deposition will be taken at a certain time and place, and the adverse party, or his agent or attorney, appears at such time and place for that purpose and the party giving notice does not appear or for any reason does not take the deposition at such time and place, costs shall be allowed to the adverse party at the discretion of the court before which the action is pending.
(1949 Rev., S. 7998; P.A. 82-160, S. 126.)
History: P.A. 82-160 replaced "such" with "the" where appearing.

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Sec. 52-253. Costs in suit against manufacturers for nuisance. Costs upon a complaint against a manufacturer under section 52-481, to abate or discontinue a nuisance, may be taxed at the discretion of the court.
(1949 Rev., S. 7999.)

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Sec. 52-254. Costs in amicable suit. All costs incurred in any amicable suit, under chapter 908, shall be borne equally by the contesting parties.
(1949 Rev., S. 8000.)

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Sec. 52-255. Costs on motion to expunge. Section 52-255 is repealed.
(1949 Rev., S. 8001; P.A. 82-160, S. 259.)

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Sec. 52-256. Transferred to Chapter 900, Sec. 52-195a.

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Sec. 52-256a. (Formerly Sec. 46-27). Award of attorney's and officer's fees in contempt action. Section 52-256a is repealed.
(1957, P.A. 23; 1959, P.A. 159; P.A. 73-373, S. 43.)
See Sec. 46b-87 re contempt of orders concerning child custody and support.

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Sec. 52-256b. Award of attorney's and officer's fees in contempt action. (a) When any person is found in contempt of any order or judgment of the Superior Court, the court may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.
(b) This section shall not apply to the case of any person found in contempt of an order of the Superior Court entered under sections 46b-60 to 46b-62, inclusive, 46b-81 to 46b-83, inclusive, or 46b-86, which is provided for under section 46b-87.
(P.A. 76-435, S. 7, 82; P.A. 77-452, S. 27, 72; P.A. 82-160, S. 128.)
History: P.A. 77-452 removed reference to orders or judgments of court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 inserted Subsec. indicators and made minor technical changes.
Cited. 11 CA 610, 619. Cited. 18 CA 119, 125. Cited. 22 CA 136, 138. Cited. 26 CA 326, 329.
Subsec. (a):
Cited. 22 CA 136, 139.
Subsec. (b):
Cited. 22 CA 136, 139.

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Sec. 52-257. Fees of parties in civil actions. (a) The fees of parties in civil actions in which the matter in demand is not less than fifteen thousand dollars shall be: For each complaint, exclusive of signing and bond, five dollars for the first page and, for each succeeding page, two dollars; for each judgment file, two dollars for the first page and, for each additional page, one dollar and fifty cents. The prevailing party in any such civil action shall receive, by way of indemnity, the following sums: (1) For all proceedings before trial, fifty dollars; (2) for the trial of an issue of law or fact, seventy-five dollars, but if more than one issue of fact is tried at one time, only one trial fee shall be allowed; and (3) in difficult or extraordinary cases in the Superior Court, where a defense has been interposed, a further allowance, in the discretion of the court, not to exceed two hundred dollars.
(b) Parties shall also receive: (1) For each witness attending court, his legal fee and mileage; (2) for each deposition taken out of the state, forty dollars, and for each deposition within the state, thirty dollars; (3) on an application for the sale of property attached, the expenses incurred; (4) in any civil action affecting the title to real property situated in this state, or affecting any mortgage or lien thereon, the actual expense, not exceeding the sum of one hundred fifty dollars, of an examination of the land records concerning the title to the real property in question and such amount as the court or judge determines to be reasonable for the services of an expert on the value of the land when such value is in dispute; (5) for maps, plans, mechanical drawings and photographs, necessary or convenient in the trial of any action, a reasonable sum; (6) for copies of records used in evidence, bonds, recognizances and subpoenas, court and clerk's fees; (7) for the signing and service of process, the legal fees payable therefor, except that a fee shall not be allowed for the return of a subpoena to court; (8) the actual expense incurred in publishing orders of notice under direction of the court; (9) for each interpreter necessarily employed in the trial of any civil action, twenty dollars per diem; (10) for premiums upon all bonds or undertakings provided pursuant to statute, rule of court, order of court or stipulation of parties, including bonds in lieu of or in release or dissolution of attachment, the actual amount paid, not exceeding a reasonable amount; and (11) documented investigative costs and expenses, not exceeding the sum of two hundred dollars.
(c) In all civil actions in which the matter in demand is less than fifteen thousand dollars, the prevailing party shall receive, by way of indemnity, the following sums: (1) For all proceedings before trial, ten dollars; and (2) for the trial of an issue of fact or law, fifteen dollars, but, if more than one issue of fact or law is tried at one time, only one trial fee shall be allowed.
(d) The following sums may be allowed to the prevailing party in causes on appeal, in the discretion of the court: (1) For all proceedings, one hundred dollars; (2) for expenses actually incurred in printing or photoduplicating copies of briefs, a sum not exceeding two hundred dollars; and (3) to the plaintiff in error, plaintiff in a cause reserved, or appellant, as the case may be, the record fee, provided judgment shall be rendered in his favor. Such costs in the Superior Court in appealed causes and in the Supreme Court or Appellate Court shall be in the discretion of the court on reservation of a cause for advice, or when a new trial is granted.
(e) The provisions of this section shall not interfere with the discretion of the court in taxing costs in actions in which equitable relief is demanded.
(1949 Rev., S. 3602; 1955, S. 1970d; 1959, P.A. 28, S. 177; 473, S. 2; 1961, P.A. 517, S. 125; 1963, P.A. 416, S. 3; 1967, P.A. 89; 1969, P.A. 430; 1971, P.A. 302; P.A. 74-183, S. 157, 291; P.A. 76-436, S. 559, 681; P.A. 77-497, S. 5, 6, 7; 77-604, S. 61, 84; P.A. 82-160, S. 129; P.A. 83-295, S. 10; 83-385, S. 2; June Sp. Sess. P.A. 83-29, S. 42, 82; P.A. 95- 176, S. 3.)
History: 1959 acts deleted provisions for appeals from justices of peace and civil actions in town, city and borough courts and doubled fees of parties in civil actions; 1961 act doubled record fee; 1963 act deleted requirement, in proviso re record fee, that judgment be finally rendered in his favor; 1967 act removed maximum limitation of fifty dollars for services of expert in land values, substituting such amount as court or judge determines to be reasonable; 1969 act specified that parties receive an amount determined by judge to be reasonable for examination of land records rather than the actual expense (not exceeding fifty dollars) of such examination and raised payment for interpreters from "ten dollars" to "a sum not exceeding twenty dollars per diem"; 1971 act raised fees for first page of complaint from three to five dollars and for subsequent pages from one dollar and fifty cents to two dollars, raised prevailing parties' award for all proceeding before trial from twenty to fifty dollars, for trial of issue of law or fact from twenty-five to seventy-five dollars, for further allowance in difficult cases from one hundred to two hundred dollars, for all proceedings in causes pending in appellate division or supreme court from thirty to one hundred dollars and for expenses of printing brief copies from one hundred to two hundred dollars, doubled allowances for depositions, restored actual expense of examination of land records as sum allowed but specified maximum of one hundred fifty dollars and specified interpreters' fees as twenty dollars, removing reference to lesser amounts; P.A. 74-183 specified applicability of previously existing provisions to actions "in the court of common pleas where the ad damnum exceeds one thousand dollars" and in the superior court, replacing "appellate division" with superior court and removing specified record fee "of fifty dollars", and added Subsec. (b) re civil actions returnable to court of common pleas where matter in demand exceeds one hundred dollars but is less than one thousand dollars, effective December 31, 1974; P.A. 76-436 amended section to reflect transfer of all trial jurisdiction to superior court, deleting references to court of common pleas, effective July 1, 1978; P.A. 77-497 applied previous dollar limits applicable in common pleas cases to superior court cases, later raising dollar figure to $7500, applied provisions to cases where defendant prevails and deleted provision in Subsec. (b) which had allowed prevailing party three dollars as indemnity in all proceedings where matter in demand is one hundred dollars or less; P.A. 77-604 clarified effective date of P.A. 77- 497 provisions, i.e. $1000 limit applies from October 1, 1977 to June 30, 1978, and $7500 limit takes effect on July 1, 1978; P.A. 82-160 rephrased and reorganized section; P.A. 83-295 amended Subsecs. (a) and (c) to increase from $7500 to $15,000 the amount in demand which determines the fees of parties; P.A. 83-385 amended Subsec. (b) by adding Subdiv. (11) re documented investigative costs and expenses not exceeding two hundred dollars; June Sp. Sess. P.A. 83-29 included reference to appellate court; P.A. 95-176 amended Subsec. (d) by adding reference to "photoduplicating".
In equity, costs are in discretion of court; 28 C. 466; also where legal and equitable relief sought, but latter prevails; 80 C. 233; but ordinarily they are awarded on same basis as action at law; 119 C. 367. At law, costs are the creature of statute. 73 C. 614; 81 C. 213; 82 C. 392. "Action" in statute includes one to compel support of parent. 73 C. 608. Action on statute for penalty. 39 C. 486. Law in force at termination of action controls. 81 C. 213. If no rule for measuring costs given, court has discretion. 4 C. 80; 67 C. 257; 68 C. 220. Costs go to prevailing party; 39 C. 484; and Practice Act has not changed this. 67 C. 74. Discretion of court as to costs on probate appeal. 76 C. 654. No costs allowed accused who prevails on appeal. 82 C. 392. Matter in demand as determining. 57 C. 59. Costs properly taxable where plea in abatement or to jurisdiction is sustained. 64 C. 74; 82 C. 378. Where plea of tender is joined with general denial. 67 C. 74. In supreme court; where cases heard together; 70 C. 443; 74 C. 274; when new trial ordered, where costs taxed; 73 C. 475; costs on plea in abatement or motion to erase; 82 C. 378; id., 483; costs unnecessarily incurred need not be taxed. 88 C. 260. Where two distinct causes of action are tried together by mutual agreement, a jury fee and trial fee should be taxed for each cause of action. 93 C. 659. Costs not taxable in habeas corpus proceeding. 113 C. 740. No costs in mandamus unless return made and hearing had. 115 C. 98. Where supreme court found error only in inclusion of costs, held sufficient to make appellant prevailing party. Id., 99. Where no reason for reservation to supreme court other than speedy disposition, costs taxed for prevailing party. 115 C. 530. Where party upon reasonable ground sought correction in finding, costs of printing allowed. 130 C. 247. Against policy of supreme court to amend rescript to state no costs against loser. Id. Held proper to allow defendant costs on counterclaim when he lost on complaint. 131 C. 680. Cited. 136 C. 255. In equity, costs are at discretion of court. Id., 645. Nonsuit entered on court's own motion. No costs against defendant except for printing evidence. 139 C. 429; 144 C. 21. Where the prevailing defendants shared a common defense, a single counsel, one pleading, one trial and one judgment, the defendants were entitled to be indemnified only to the extent of a single bill of costs. 166 C. 325. Statutory authorization of imposition of costs do not apply against the state without specific inclusion thereof. 176 C. 362− 364, 366. Cited. 187 C. 591, 601. Cited. 188 C. 213, 216, 217. Cited. 204 C. 17, 32. Cited. 205 C. 542, 559. Cited. 215 C. 286, 291. Cited. 240 C. 58.
Municipality is not exempt from the taxation of costs; unlike the state a municipality has no sovereign immunity in absence of specific statutory exception or prohibition. 4 CA 30, 32. Cited. 18 CA 618, 622. Cited. 25 CA 67, 79. Cited. 35 CA 239, 245.
When two or more cases between the same parties are tried together, only one indemnity for trial of issues of fact may be taxed. 3 CS 85. Cited. 4 CS 167; 5 CS 330; 6 CS 208; 7 CS 521; 8 CS 31; id., 324. Witness fees chargeable if witnesses are summoned in good faith ready to testify. 6 CS 261. Allowance for searching title cannot be allowed unless the action is one affecting title or a mortgage or a lien on real estate. 9 CS 425. Former limitation on fees paid to experts on land did not apply to appraisal fees granted under section 13-150 (now section 13a-76). 21 CS 343. Cited. 24 CS 391; 27 CS 288. Usual costs plus two hundred dollar allowance awarded to plaintiff-member of nonstock corporation who successfully challenged corporation's exclusion of women as members and guests as ultra vires, in case of first impression; no basis found for awarding attorneys' fees. 33 CS 150, 157, 158. Where the trial of the issues on a counterclaim involved an action where the ad damnum was in excess of $1,000, subsection (a) of this section was the appropriate provision for taxation of costs. Id., 538.
Subsec. (a):
Cited. 188 C. 213, 215. Subdiv. (1) cited. 204 C. 17, 22. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id.
Cited. 15 CA 185, 192.
Subsec. (b):
Subdiv. (5) cited. 215 C. 197, 205.
Subsec. (c):
Cited. 15 CA 185, 192. Cited. 37 CA 865, 867, 868.
Subsec. (e):
Cited. 225 C. 804, 814. Cited. 240 C. 58.

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Sec. 52-257a. Fees in Circuit Court. Section 52-257a is repealed.
(1959, P.A. 28, S. 37; 1963, P.A. 9; 1967, P.A. 628, S. 1; 1971, P.A. 870, S. 130; 1972, P.A. 108, S. 12; 281, S. 32; P.A. 74-183, S. 280, 291.)

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Sec. 52-258. Jury fees. The jury fee in civil actions shall be three hundred dollars to be paid at the time the case is claimed for the jury by the party at whose request the case is placed upon the jury docket. The jury fee shall be taxed in favor of the party paying the jury fee in the bill of costs in the action, if final judgment thereon is rendered in his favor.
(1949 Rev., S. 3603; 1953, 1955, S. 1971d; 1959, P.A. 28, S. 212; 1967, P.A. 628, S. 2; 1971, P.A. 40, S. 12; 1972, P.A. 281, S. 33; P.A. 74-183, S. 90, 291; P.A. 76-436, S. 136, 681; P.A. 77-576, S. 63, 65; P.A. 80-387, S. 2; P.A. 82-160, S. 130; P.A. 83-577, S. 3; P.A. 89-219, S. 3, 10; May Sp. Sess. P.A. 92-6, S. 84, 117; P.A. 97-309, S. 12, 23; 97-322, S. 7, 9.)
History: 1959 act included circuit court; 1967 act increased jury fee from twenty to thirty dollars for jury of six and from fifty to one hundred dollars for jury of twelve; 1971 act deleted provisions re fees for juries of twelve, the option for full jury having been repealed; 1972 act raised jury fee from thirty to forty dollars, effective September 1, 1972; P.A. 74- 183 removed circuit court actions from scope of section, reflecting transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 76-436 amended section to reflect transfer of all trial jurisdiction to superior court by deleting specific reference to actions in superior court or court of common pleas, effective July 1, 1978; P.A. 77- 576 raised jury fee to forty-five dollars, effective July 1, 1978; P.A. 80-387 raised fee to sixty dollars, effective October 1, 1980; P.A. 82-160 rephrased the section; P.A. 83-577 raised fee from sixty to eighty dollars; P.A. 89-219 raised fee from eighty dollars to one hundred dollars; May Sp. Sess. P.A. 92-6 raised fee from one hundred to two hundred fifty dollars; P.A. 97-309 increased fee from two hundred fifty to three hundred dollars, effective July 1, 1997; P.A. 97-322 changed effective date of P.A. 97-309 but without affecting this section.
Requirement that defendant in paternity action pay jury fee did not deprive him of fundamental right. 170 C. 367. Cited. Id., 367−369, 377.
Cited. 28 CA 693, 696, 702, 703.

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Sec. 52-259. Court fees. There shall be paid to the clerks for entering each appeal or writ of error to the Supreme Court, or entering each appeal to the Appellate Court, as the case may be, two hundred fifty dollars, and for each civil cause in the Superior Court, one hundred eighty-five dollars; except (1) seventy-five dollars for entering each case in the Superior Court in which the sole claim for relief is damages and the amount, legal interest or property in demand is less than two thousand five hundred dollars and for summary process, landlord and tenant and paternity actions, and (2) there shall be no entry fee for making an application to the Superior Court for relief under section 46b-15 or for making an application to modify or extend an order issued pursuant to section 46b-15. If the amount, legal interest or property in demand by the plaintiff is alleged to be less than two thousand five hundred dollars, a new entry fee of seventy- five dollars shall be charged if the plaintiff amends his complaint to state such demand is not less than two thousand five hundred dollars. The fee for the entry of a small claims case shall be thirty dollars. If a motion is filed to transfer a small claims case to the regular docket, the moving party shall pay a fee of seventy-five dollars. There shall be paid to the clerk of the Superior Court by any party who requests a finding of fact by a judge of such court to be used on appeal the sum of twenty-five dollars, to be paid at the time the request is filed. There shall be paid to the clerk of the Superior Court a fee of seventy-five dollars for a petition for certification to the Supreme Court and Appellate Court. Such clerks shall also receive for receiving and filing an assessment of damages by appraisers of land taken for public use or the appointment of a commissioner of the Superior Court, two dollars; for recording the commission and oath of a notary public or certifying under seal to the official character of any magistrate, ten dollars; for certifying under seal, two dollars; for exemplifying, twenty dollars; for making all necessary records and certificates of naturalization, the fees allowed under the provisions of the United States statutes for such services; and for making copies, one dollar a page. There shall be paid to the clerk of the Superior Court for a copy of a judgment file a fee of fifteen dollars, inclusive of the fees for certification and copying, for a certified copy and a fee of ten dollars, inclusive of the fee for copying, for a copy which is not certified; for a copy of a certificate of judgment in a foreclosure action, as provided by the rules of practice and procedure, twenty dollars, inclusive of the fees for certification and copying. There shall be paid to the clerk of the court a fee of fifty dollars at the time any application for a prejudgment remedy is filed. A fee of twenty dollars for any check issued to the court in payment of any fee which is returned as uncollectible by the bank on which it is drawn may be imposed. The tax imposed under chapter 219 shall not be imposed upon any fee charged under the provisions of this section.
(1949 Rev., S. 3604; 1955, S. 1972d; November, 1955, S. N195; 1957, P.A. 57, S. 1; 385, S. 1; 1959, P.A. 199; 544; 670, S. 2; 1967, P.A. 628, S. 3; P.A. 74-183, S. 158, 291; P.A. 75-530, S. 4, 35; P.A. 76-368, S. 6, 9; 76-436, S. 560, 681; P.A. 77-347, S. 9, 11; 77-497, S. 3, 7; 77-576, S. 62, 65; 77-604, S. 61, 70, 84; P.A. 78-379, S. 18, 27; P.A. 79-574; P.A. 80-387, S. 1; P.A. 81-129, S. 2; 81-472, S. 92, 159; Nov. Sp. Sess. P.A. 81-4, S. 26, 32; 81-6, S. 2, 4; P.A. 82-325, S. 3, 6, 7; P.A. 83-196; 83-577, S. 1; June Sp. Sess. P.A. 83-29, S. 11, 82; June Sp. Sess. P.A. 83-35, S. 8; P.A. 85-548, S. 5; P.A. 88-103, S. 1, 4; P.A. 89-219, S. 4, 10; 89-251, S. 189, 203; May Sp. Sess. P.A. 92-6, S. 76, 117; P.A. 93-396, S. 7; P.A. 94-135, S. 3; P.A. 95-176, S. 4; P.A. 97-309, S. 13, 23; 97-322, S. 7, 9.)
History: 1959 acts added exception to charge for second judgment after judgment reopened for cases where reopening was for court error in prior judgment and where court reopened on own motion, added fee for foreclosure by sale, raised entry fee in supreme and superior courts from sixteen to twenty-two dollars and in court of common pleas from sixteen to twenty dollars; 1967 act increased entry fee in supreme and superior courts to forty-five dollars and in common pleas court to thirty dollars, eliminated fees for recording judgments, taking recognizance or bond for prosecution or special bail, signing writs of habeas corpus, making records, taking bail bonds and furnishing copies and for orders of notice, and further provided for furnishing copy of judgment to parties without charge; P.A. 74-183 applied forty-five dollar fee paid to superior or supreme court clerks to appeals, reduced fee for entering civil cause in common pleas court from thirty to twenty dollars and added provision re payment of record fee in appeals from common pleas court to superior court, effective December 31, 1974; P.A. 75-530 clarified fee provisions, imposed twenty-dollar entry fee in appeals from common pleas court to superior court and deleted provision which had specified that there is no charge for one plain or certified copy of judgment to any party to the action, effective June 30, 1975; P.A. 76-368 raised fees for entering civil causes and entry fee in appeals from common pleas court to superior court by five dollars each, effective July 1, 1976; P.A. 76-436 amended section to reflect transfer of common pleas court functions to superior court, deleting provisions previously applicable to actions in common pleas court, and added provisions re cases where entry fee is twenty dollars and re new entry fee for amended addendum, effective July 1, 1978; P.A. 77-347 raised new entry fee from forty-five to fifty dollars and substituted "ad damnum" for "addendum" in provision added by P.A. 76-436 and added provisions re fees for entry and transfer of small claims cases, effective July 1, 1978, through June 30, 1979; P.A. 77-497 restated provision re new entry fee to refer to amended complaint rather than amended ad damnum, effective July 1, 1978; P.A. 77-576 raised all fees, except fee for entry of small claims case, record fees in appeals to superior court appellate session and various fees associated with documentation by five dollars, effective July 1, 1978; P.A. 77-604 made technical correction; P.A. 78-379 reduced record fee in appeals to superior court appellate session from thirty to twenty-five dollars, correcting a mistake resulting from misreading of P.A. 77-576, and specified that tax imposed under Ch. 219 does not apply to fees charged under section, effective July 1, 1978; P.A. 79-574 based fees on amount, legal interest or property in demand equally $2,500 rather than $7,500, effective October 1, 1979; P.A. 80-387 raised most fees, except those for appeals to superior court appellate session or for finding of fact or for various charges associated with documentation and except fee for entry of small claims case (raised from six dollars to eight dollars), by five dollars, effective October 1, 1980; P.A. 81-129 increased the fee for the entry of a small claims case from eight to ten dollars; P.A. 81-472 made technical changes; Nov. Sp. Sess. P.A. 81-4 raised fees (1) for entering appeal to supreme court from sixty to seventy-five dollars, (2) for entering appeal to superior court in exception from thirty-five to forty-five dollars, (3) for new entry fee in amended complaint from sixty to seventy-five dollars, (4) for transfer of small claims case to regular docket from thirty-five to forty-five dollars and (5) for entry of appeal in appellate session of superior court from thirty to forty-five dollars; Nov. Sp. Sess. P.A. 81-6 added Subsec. (b) re collection fees in non-AFDC support cases; P.A. 82-325 changed effective date of Nov. Sp. Sess. P.A. 81-6, S. 2 from January 27, 1982, to sixty days following effective date of regulations adopted to effectuate purposes of Subsec. (b) enacted by that act and revised effective date of certain sections of Nov. Sp. Sess. P.A. 81-4 as well but without affecting this section; P.A. 83-196 amended Subsec. (b) by changing "shall impose" to "may impose", deleting provisions re computation of amount of collection fee and adding provision that collection fee be in an amount necessary to meet the cost of providing support services and paid by person against whom the support order was issued; P.A. 83-577 raised fees (1) for appeal to the supreme court from seventy-five to one hundred dollars, (2) for civil actions from sixty to ninety dollars, (3) for civil actions where the sole claim is for damages and the amount in demand is less than $2500 and summary process, landlord and tenant, paternity and support actions from forty-five to fifty-five dollars, and (4) for small claims cases from ten to twenty dollars; June Sp. Sess. P.A. 83-29 added reference to appellate court, deleted reference to appellate session of the superior court and deleted provision re entry fee of forty-five dollars in Subsec. (a); June Sp. Sess. P.A. 83-35 amended Subsec. (a) by providing the entry fee for a small claims case which is a housing matter shall be fifteen dollars; P.A. 85- 548 amended Subsec. (b) to make imposition of fee mandatory rather than discretionary to describe fee as an "application" fee and to provide for determination, payment and reimbursement of such fee which shall not exceed twenty-five dollars, deleting prior provisions specifying that "collection" fee should meet the cost of providing support services and should be paid by person against whom an order of support was issued; P.A. 88-103 amended Subsec. (a) by adding Subdiv. (2) exempting applications to superior court for relief under Sec. 46b-15 from entry fee; P.A. 89-219 raised fees (1) for appeal to the supreme court or appellate court from one hundred to one hundred fifty dollars, (2) for civil actions from ninety to one hundred twenty-five dollars, (3) for civil actions where the sole claim is for damages and the amount in demand is less than twenty-five hundred dollars and summary process, landlord and tenant, paternity and support actions from fifty- five to sixty dollars, and (4) for small claims cases from fifteen to twenty dollars for any housing matter and from twenty to twenty-five dollars for any other matter; P.A. 89-251 amended Subsec. (b) to increase the maximum fee from twenty- five to thirty dollars; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to increase various fees and to add fees for a copy of a judgment file, certification and copying an application for a prejudgment remedy; P.A. 93-396 deleted former Subsec. (b) concerning the state imposition of application fees in non-AFDC child support cases; P.A. 94-135 imposed fee of seventy-five dollars for petition for certification to supreme court and appellate court and fee of twenty dollars for exemplifying and deleted recording fee for appeals to appellate court; P.A. 95-176 added fee for entering writ of error to Supreme Court, eliminated seventy-five dollar fee for entering support action, added provision of no entry fee for application to modify or extend order issued under section 46b-15 and authorized twenty-dollar fee for check to court in payment of fee returned as uncollectible by bank; P.A. 97-309 increased fee for civil cause in Superior Court from one hundred fifty to one hundred eighty-five dollars effective July 1, 1997; P.A. 97-322 changed effective date of P.A. 97-309 but without affecting this section.
Cited. 135 C. 412. Cited. 194 C. 43, 50. Cited. 223 C. 68, 69, 75. Cited. 237 C. 758.
Cited. 15 CA 185, 189, 192.
Cited. 8 CS 31.
Subsec. (a):
Cited. 223 C. 68, 69, 75, 76, 78.

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Sec. 52-259a. Attorneys employed by the state not required to pay certain fees. Immigration and Naturalization Service not required to pay fee for certified copy of criminal record. (a) Any member of the Division of Criminal Justice, the Division of Public Defender Services or the Family Division or Support Enforcement Division of the Superior Court, the Attorney General, an assistant attorney general, the Consumer Counsel, any attorney employed by the Office of Consumer Counsel within the Department of Public Utility Control, the Department of Revenue Services, the Commission on Human Rights and Opportunities, the Freedom of Information Commission, the Board of Labor Relations or the Office of Protection and Advocacy for Persons with Disabilities, or any attorney appointed by the court to assist any of them or to act for any of them in a special case or cases, while acting in his official capacity or in the capacity for which he was appointed, shall not be required to pay the fees specified in sections 52-258, 52-259 and 52-259c, subsection (a) of section 52-356a, subsection (a) of section 52-361a and subsection (n) of section 46b-231.
(b) The Immigration and Naturalization Service shall not be required to pay any fees specified in section 52-259 for any certified copy of any criminal record.
(1959, P.A. 170; 1967, P.A. 515, S. 1; 1969, P.A. 19, S. 1; P.A. 74-183, S. 159, 291; P.A. 76-180, S. 2; 76-436, S. 561, 681; P.A. 77-404; 77-614, S. 164, 610; P.A. 79-334, S. 1, 2; P.A. 80-482, S. 338, 348; 80-483, S. 134, 186; P.A. 83-8; 83- 385, S. 1, 3; 83-581, S. 38, 40; P.A. 86-403, S. 115, 132; P.A. 88-22, S. 5; P.A. 89-32; 89-144, S. 16; P.A. 90-213, S. 37, 56; P.A. 92-239, S. 2, 3; May Sp. Sess. P.A. 92-6, S. 77, 117; P.A. 97-203, S. 19, 20.)
History: 1967 act added prosecuting and assistant prosecuting attorneys and assistant public defenders; 1969 act exempted attorney general and assistant attorney general from fee requirements; P.A. 74-183 deleted reference to fees specified in Sec. 52-257a, that section having been repealed; P.A. 76-180 exempted consumer counsel and attorneys employed by office of consumer counsel from fee requirements; P.A. 76-436 replaced exemption for the various state's attorneys, prosecuting attorneys and public defenders with exemption for any member of criminal justice division or public defenders services, effective July 1, 1978; P.A. 77-404 exempted attorneys employed by commission on human rights and opportunities from fee requirements; P.A. 77-614 replaced office of consumer counsel with division of consumer counsel within the department of business regulation, effective January 1, 1979; P.A. 79-334 exempted attorneys employed by freedom of information commission from fee requirements; P.A. 80-482 placed division of consumer counsel within newly created department of public utility control and abolished the department of business regulation; P.A. 80-483 made technical grammatical correction; P.A. 83-8 included attorneys employed by the state board of labor relations within the fee exemption provisions of this section; P.A. 83-385 exempted members of the family division of the superior court from the fee requirements and included fees specified in Sec. 52-259c among the fees certain attorneys employed by the state are not required to pay; P.A. 83-581 included fees specified in "subsection (a) of section 52-356a and subsection (a) of section 52-361a" among fees certain attorneys are not required to pay; P.A. 86-403 added reference to Subsec. (n) of Sec. 46b-231; P.A. 88-22 substituted office of consumer counsel for division of consumer counsel; P.A. 89-32 exempted attorneys employed by the office of protection and advocacy for handicapped and developmentally disabled persons from the fee requirement; P.A. 89-144 substituted the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; P.A. 90-213 added provision concerning the support enforcement division; P.A. 92-239 added Subsec. (b) re exemption of immigration and naturalization service from the payment of fees for copies of criminal records; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to delete reference to Sec. 52-269; (Revisor's note: In 1997 the words "Division of" were inserted editorially by the Revisors in the phrase "Division of Public Defender Services" for consistency with customary statutory usage); P.A. 97-203 amended Subsec. (a) to add attorneys employed by the Department of Revenue Services, effective July 1, 1997.
Cited. 152 C. 503; 154 C. 631, 636.

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Sec. 52-259b. Waiver of fees and payment of the cost of service of process for indigent party. (a) In any civil or criminal matter, if the court finds that a party is indigent and unable to pay a fee or fees payable to the court or to pay the cost of service of process, the court shall waive such fee or fees and the cost of service of process shall be paid by the state.
(b) There shall be a rebuttable presumption that a person is indigent and unable to pay a fee or fees or the cost of service of process if (1) such person receives public assistance or (2) such person's income after taxes, mandatory wage deductions and child care expenses is one hundred twenty-five per cent or less of the federal poverty level. For purposes of this subsection, "public assistance" includes, but is not limited to, general assistance, state-administered general assistance, temporary family assistance, aid to the aged, blind and disabled, food stamps and Supplemental Security Income.
(c) Nothing in this section shall preclude the court from finding that a person whose income does not meet the criteria of subsection (b) of this section is indigent and unable to pay a fee or fees or the cost of service of process. If an application for the waiver of the payment of a fee or fees or the cost of service of process is denied, the court clerk shall, upon the request of the applicant, schedule a hearing on the application.
(Nov. Sp. Sess. P.A. 81-4, S. 28, 32; P.A. 82-325, S. 3, 7; P.A. 90-261, S. 14, 19; P.A. 99-119.)
History: P.A. 82-325 changed effective date of Nov. Sp. Sess. P.A. 81-4 but without affecting this section; P.A. 90- 261 made provisions of section applicable "In any civil or criminal matter"; P.A. 99-119 designated existing provisions as Subsec. (a), added Subsec. (b) establishing a rebuttable presumption of indigency if certain criteria are met, and added Subsec. (c) providing that nothing precludes a court from finding a person whose income does not meet such criteria is indigent and requiring the court clerk upon the applicant's request to schedule a hearing on an application for a fee waiver that has been denied.

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Sec. 52-259c. Fee to open, set aside, modify, extend or reargue judgment. (a) There shall be paid to the clerk of the Superior Court upon the filing of any motion to open, set aside, modify or extend any civil judgment rendered in Superior Court a fee of thirty-five dollars for any housing matter and a fee of sixty dollars for any other matter, except no fee shall be paid upon the filing of any motion to open, set aside, modify or extend judgments in small claims and juvenile matters or orders issued pursuant to section 46b-15. Such fee may be waived by the court.
(b) Upon the filing of a motion to open or reargue a judgment in any civil appeal rendered by the Supreme Court or Appellate Court or to reconsider any other civil matter decided in either court, the party filing the motion shall pay a fee of sixty dollars.
(Nov. Sp. Sess. P.A. 81-4, S. 27, 32; P.A. 82-325, S. 1, 3, 7; P.A. 83-577, S. 4; P.A. 89-219, S. 5, 10; May Sp. Sess. P.A. 92-6, S. 78, 117; P.A. 93-178; 93-396, S. 8; P.A. 95-176, S. 5.)
History: P.A. 82-325 rephrased the section, specified that the fee was payable upon the filing of the motion and that it applied to motions concerning "civil" judgments, made an exception for judgments in small claims and juvenile matters and provided that the section was applicable to fees payable on or after February 1, 1982; P.A. 83-577 raised fee from fifteen to twenty-five dollars; P.A. 89-219 retained fee of twenty-five dollars for any housing matter and increased fee from twenty-five to fifty dollars for any other matter; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to increase fees and added new Subsecs. (b) and (c) concerning payment of fees upon the filing of motions for contempt and exceptions from those fees in child support cases; P.A. 93-178 deleted former Subsecs. (b) and (c) re the fee for filing a motion for contempt and an exception from the fee in child support cases; P.A. 93-396 would have made Subsec. (c) applicable to non-IV-D support cases, but failed to take effect since P.A. 93-178 took precedence; P.A. 95-176 amended Subsec. (a) by applying provisions to extensions of judgments and to specify that no fee will be charged re orders issued pursuant to Sec. 46b-15 and added Subsec. (b) re sixty-dollar fee for filing motion to open, reargue or reconsider judgment in appeal rendered by Supreme or Appellate Court.
Cited. 196 C. 517, 519. Cited. 223 C. 68, 77, 78. Cited. 224 C. 263, 282.
Cited. 10 CA 669, 675. Cited. 31 CA 260, 266.

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Sec. 52-260. Witness fees. (a) The fees of a witness for attendance before any court, the General Assembly or any committee thereof, when summoned by the state, or before any legal authority, shall be fifty cents a day, and for travel to the place of trial, shall be the same amount per mile as provided for state employees pursuant to section 5-141c. Whenever a garnishee is required to appear before any court, such garnishee shall receive the same fees as a witness in a civil action and be paid in the same manner. The clerk of the Superior Court, upon request, shall, on the day of attendance, pay the fee of any witness summoned by the state to appear before the court.
(b) When any regular or supernumerary policeman or any regular, volunteer or substitute fireman of any town, city or borough is summoned to testify in any criminal proceeding pending before the Superior Court or the Department of Consumer Protection and the policeman or fireman receives no compensation from the town, city or borough by which he is employed for the time so spent by him, the policeman or fireman shall be allowed and paid forty dollars, together with the mileage allowed by law to witnesses in criminal cases, for each day he is required to attend the proceedings.
(c) When any regular or supernumerary policeman or any regular or substitute fireman is summoned to testify in his capacity as a policeman or fireman in any court in a civil action and the policeman or fireman receives no compensation from the municipality by which he is employed for the time he is in attendance at court, there shall be allowed and paid to the policeman or fireman a witness fee of forty dollars, together with the mileage allowed by law to witnesses in criminal cases, for each day he is required to attend court. If the policeman or fireman testifies in any such proceeding or civil action on a vacation day or compensatory day off, he shall be paid the sum of forty dollars, together with the mileage allowed by law, notwithstanding the fact that he is receiving compensation for such day from the town, city or borough by which he is employed.
(d) The amounts paid under subsections (b) and (c) of this section shall be taxed as a part of the costs, and shall be in lieu of all other witness fees payable to such policeman or fireman.
(e) When any person is confined in a community correctional center upon the allegation of the state's attorney that he will be a material witness in a pending criminal proceeding, he shall receive, in addition to his legal fees as a witness, two dollars for each day that he is so confined.
(f) When any practitioner of the healing arts as defined in section 20-1, dentist, registered nurse or licensed practical nurse, as defined in section 20-87a, or real estate appraiser is summoned to give expert testimony in any action or proceeding, the court shall determine a reasonable fee to be paid to the practitioner of the healing arts, dentist, registered nurse or licensed practical nurse, as defined in section 20-87a, or real estate appraiser and taxed as part of the costs in lieu of all other witness fees payable to the practitioner of the healing arts, dentist, registered nurse or licensed practical nurse, as defined in section 20-87a, or real estate appraiser.
(g) When any public accountant licensed under chapter 389 is subpoenaed by any party, other than the state, to testify in his capacity as a public accountant in any action or proceeding, the court shall determine a reasonable fee to be paid to the public accountant and such fee shall be paid by the party issuing such subpoena.
(1949 Rev., S. 3611; 1953, S. 1975d; 1957, P.A. 56; February, 1965, P.A. 574, S. 41; 1967, P.A. 273; 889; 1969, P.A. 297; 397; 720; P.A. 73-596; P.A. 74-183, S. 91, 291; P.A. 75-479, S. 3, 25; P.A. 76-436, S. 137, 681; P.A. 77-614, S. 165, 610; P.A. 78-289, S. 3; P.A. 80-190, S. 12; 80-482, S. 4, 170, 191, 339, 345, 348; P.A. 82-160, S. 131; 82-378; P.A. 83- 251; P.A. 85-127; P.A. 86-182; P.A. 95-195, S. 82, 83; P.A. 00-45.)
History: 1965 act deleted obsolete references to criminal court of common pleas, its criminal jurisdiction having been abolished; 1967 acts provided compensation for policemen testifying in circuit court and added provision re fees paid to physicians or real estate appraisers for expert testimony; 1969 acts substituted "community correctional center" for "jail", referred to practitioners of healing arts and dentists rather than to physicians in provision added in 1967 re fees for expert testimony, authorized compensation for policemen summoned to testify "in any proceeding pending before the juvenile court", specified that policeman receives minimum witness fee if his attendance is required for less than four hours rather than two hours and added provision re fee paid to policeman summoned to testify on his regular day(s) off; P.A. 73-596 clarified applicability of provisions concerning policemen to firemen; P.A. 74-183 substituted court of common pleas for circuit court in provision re fees paid to policemen and firemen, reflecting transfer of circuit court functions to common pleas court, effective December 31, 1974; P.A. 75-479 replaced previous provisions which had based witness payments to policemen and firemen on their salaries and had applied only when they were not compensated for serving as witnesses by the town, city or borough employing them with provisions for payment of set fee of twenty dollars regardless of whether or not employing town, city or borough is also compensating them and imposed same fee for serving as witness on days off where previously compensation for service on such days was a minimum witness fee "equivalent to the payment for eight hours' attendance"; P.A. 76-436 divided section into Subsecs. and removed references to proceedings in court of common pleas or juvenile court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 77-614 replaced liquor control commission with division of liquor control within the department of business regulation in Subsec. (b), effective January 1, 1979; P.A. 78-289 raised witness fee for policemen and firemen from twenty to forty dollars and deleted former Subsec. (e) which had allowed witnesses summoned under Sec. 54-26 fee of two dollars per day and ten cents per mile for travel to and from court, relettering remaining Subsecs. accordingly; P.A. 80-190 deleted reference to proceedings before coroner in Subsec. (b); P.A. 80-482 made division of liquor control an independent department following abolition of department of business regulation, cancelling provision of the act which would have placed the division within the department of public safety; P.A. 82-160 rephrased the section; P.A. 82-378 amended Subsec. (b) to include witness fees for volunteer firemen; P.A. 83-251 added Subsec. (g) re fees for licensed public accountants; P.A. 85-127 amended Subsec. (f) to authorize payment of witness fees for registered nurse or licensed practical nurse; P.A. 86- 182 amended Subsec. (g) to replace "subpoenaed by an adverse party" with "subpoenaed by any party"; P.A. 95-195 substituted Department of Consumer Protection for Department of Liquor Control in Subsec. (b), effective July 1, 1995; P.A. 00-45 amended Subsec. (a) to replace the fee for travel to the place of trial of "ten cents a mile" with provision that the fee "shall be the same amount per mile as provided for state employees pursuant to section 5-141c", to delete provision that a witness in a criminal trial shall receive for travel at said rate for one day only and for each day thereafter for travel shall be paid only his actual traveling expenses, not exceeding ten cents a mile, to delete provision that prohibited fees being allowed to bystanders called as witnesses in criminal trials, and to make a technical change for purposes of gender neutrality.
Cited. 219 C. 204, 207, 208.
Agreement to pay witness more than legal fees will not ordinarily be enforced; exceptional cases considered. 26 CS 463. Statute, as amended, read in conjunction with section 48-12, as amended, entitled property owner to reasonable appraisal fees in condemnation proceedings. 27 CS 288. Cited. 37 CA 865, 867−869.
Subsec. (a):
Cited. 219 C. 204, 213.
Subsec. (f):
Cited. 188 C. 213, 215. Cited. 236 C. 710−712, 714, 715, 717. Cited. 239 C. 708.
Cited. 45 CA 305.

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Sec. 52-261. Fees and expenses of officers and persons serving process or performing other duties. (a) Except as provided in subsection (b) of this section and section 52-261a, each officer or person who serves process, summons or attachments shall receive a fee of not more than twenty dollars for each process served and an additional fee of ten dollars for the second and each subsequent defendant upon whom the process is served. Each such officer or person shall also receive the fee set by the Department of Administrative Services for state employees for each mile of travel, to be computed from the place where such officer or person received the process to the place of service, and thence in the case of civil process to the place of return. If more than one process is served on one person at one time by any such officer or person, the total cost of travel for the service shall be the same as for the service of one process only. Each officer or person who serves process shall also receive the moneys actually paid for town clerk's fees on the service of process. Any officer or person required to summon jurors by personal service of a warrant to attend court shall receive for the first ten miles of travel while so engaged, such mileage to be computed from the place where such officer or person receives the process to the place of service, twenty-five cents for each mile, and for each additional mile, ten cents. For summoning any juror to attend court otherwise than by personal service of the warrant, such officer or person shall receive only the sum of fifty cents and actual disbursements necessarily expended by such officer or person in making service thereof as directed. Notwithstanding the provisions of this section, for summoning grand jurors, such officer or person shall receive only such officer's or person's actual expenses and such reasonable sum for services as are taxed by the court. The following fees shall be allowed and paid: (1) For taking bail or bail bond, one dollar; (2) for copies of writs and complaints, exclusive of endorsements, one dollar per page, not to exceed a total amount of nine hundred dollars in any particular matter; (3) for endorsements, forty cents per page or fraction thereof; (4) for service of a warrant for the seizure of intoxicating liquors, or for posting and leaving notices after the seizure, or for the destruction or delivery of any such liquors under order of court, twenty dollars; (5) for the removal and custody of such liquors so seized, reasonable expenses, and twenty dollars; (6) for levying an execution, when the money is actually collected and paid over, or the debt secured by the officer to the acceptance of the creditor, ten per cent on the amount of the execution, provided the minimum fee for such execution shall be twenty dollars; (7) on the levy of an execution on real property and on application for sale of personal property attached, to each appraiser, for each half day of actual service, reasonable and customary expenses; (8) for causing an execution levied on real property to be recorded, fees for travel, twenty dollars and costs; (9) for services on an application for the sale of personal property attached, or in selling mortgaged property foreclosed under a decree of court, the same fees as for similar services on executions; (10) for committing any person to a community correctional center, in civil actions, twenty-one cents a mile for travel, from the place of the court to the community correctional center, in lieu of all other expenses; and (11) for summoning and attending a jury for reassessing damages or benefits on a highway, three dollars a day. The court shall tax as costs a reasonable amount for the care of property held by any officer under attachment or execution. The officer serving any attachment or execution may claim compensation for time and expenses of any person, in keeping, securing or removing property taken thereon, provided such officer shall make out a bill. The bill shall specify the labor done, and by whom, the time spent, the travel, the money paid, if any, and to whom and for what. The compensation for the services shall be reasonable and customary and the amount of expenses and shall be taxed by the court with the costs.
(b) Each officer or person shall receive the following fees: (1) For service of an execution on a summary process judgment, not more than fifty dollars; and (2) for removal under section 47a-42 of a defendant or other occupant bound by a summary process judgment, and the possessions and personal effects of such defendant or other occupant, not more than seventy-five dollars per hour.
(1949 Rev., S. 3622; 1953, S. 1979d; 1959, P.A. 28, S. 178; 152, S. 75; 615, S. 10; 1961, P.A. 122; 311; February, 1965, P.A. 574, S. 42; 1969, P.A. 297; P.A. 74-183, S. 92, 291; P.A. 75-479, S. 1, 25; P.A. 81-80, S. 1; 81-410, S. 5; P.A. 82-160, S. 132; P.A. 91-350, S. 2; June 18 Sp. Sess. P.A. 97-11, S. 60, 65; P.A. 99-157, S. 3.)
History: 1959 acts deleted provisions for attending trials before justice of the peace and excepted state employees in classified service from payment for arrest in criminal cases; 1961 acts added proviso setting cost of travel at same amount where one, or more than one, process is served on one person at one time and added fee for setting prisoner at bar of circuit court for trial on indictment or information; 1965 act deleted reference to setting prisoner at bar of criminal court of common pleas, its criminal jurisdiction having been abolished; 1969 act substituted "community correctional center" for "jail"; P.A. 74-183 removed reference to personal service of warrant summoning juror "under the provisions of section 51-230" and replaced circuit court with court of common pleas, reflecting transfer of circuit court functions to common pleas court, effective December 1, 1974; P.A. 75-479 amended provisions to add proviso allowing increased mileage allowance where more than one prisoner is transported at same time and to delete reference to fee for setting prisoner at bar of superior court or court of common pleas for trial on one indictment or information; P.A. 81-80 increased the fee for service of process to not more than twenty dollars for each process served and an additional five dollars for the second and each subsequent defendant upon whom process is served, increased the fee for copies of writs and complaints from sixty cents to one dollar per page; increased the fee for levying an execution from three to six per cent on the amount of execution and exempted officers or persons who serve process for the state or transport prisoners from the provisions of this section, deleting former provisions re fees for transporting and holding prisoners, etc.; P.A. 81-410 eliminated provision re fee of two per cent of execution when execution is levied on the body of the debtor and he is committed to a community correctional center; P.A. 82-160 rephrased the section and inserted Subdiv. indicators; P.A. 91-350 added "summons or attachments" after "process", increased fee for second and subsequent defendant upon whom process is served from five to ten dollars, increased fee for travel from twenty cents to twenty-one cents for each mile, deleted fee of twenty cents for serving summons or attachment by reading or copy, added limit of nine hundred dollars in any particular matter for fees for copies of writs and complaints, increased fee for service of warrant and seizure of liquor from one to twenty dollars, increased the fee for removal and custody of seized liquor from one to twenty dollars, increased the fee for levying an execution from six to ten per cent of the amount of execution and added a minimum fee of twenty dollars, deleted specific fees for levy of execution on real property and added "reasonable and customary expenses", increased fee for recording execution on real property from fifty cents to twenty dollars and costs, increased fee for committing person to correctional center in civil actions from twenty to twenty-one cents a mile for travel and changed the compensation for services of property held by any officer under attachment or execution from "fixed on the basis of two dollars per hour" to "reasonable and customary"; June 18 Sp. Sess. P.A. 97-11 changed travel allowance from twenty-one cents per mile to fee set by Department of Administrative Services for state employees per mile, effective July 1, 1997; P.A. 99-157 designated existing provisions as Subsec. (a) and amended said Subsec. to add exception re Subsec. (b) and make provisions gender neutral and added new Subsec. (b) to establish maximum fee of fifty dollars for service of an execution on a summary process judgment and seventy-five dollars per hour for removal of a tenant or occupant and such tenant's or occupant's property after a summary process judgment.
See Sec. 52-261a re fees for serving process.

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Sec. 52-261a. Fees and expenses of officers and persons serving process or performing other duties for the Judicial Department or Division of Criminal Justice. Any process served by any officer or person for the Judicial Department or Division of Criminal Justice shall be served in accordance with the following schedule of fees: Each officer or person who serves process shall receive twenty cents for each mile of travel, to be computed from the place where he received the process to the place of service, and thence in the case of civil process to the place of return; provided, if more than one process is served on one person at one time by any such officer or person, the total cost of travel for such service shall be the same as for the service of one process only. Each officer or person who serves process shall also receive the moneys actually paid for town clerk's fees on the service of process. Any officer or person required to summon jurors by personal service of a warrant to attend court shall receive for the first ten miles of travel while so engaged, such mileage to be computed from the place where he receives the process to the place of service, twenty-five cents for each mile, and for each additional mile, ten cents. For summoning any juror to attend court otherwise than by personal service of the warrant, such officer or person shall receive only the sum of fifty cents and actual disbursements necessarily expended by him in making service thereof as directed. Notwithstanding the provisions of this section, for summoning grand jurors, such officer or person shall receive only his actual expenses and such reasonable sum for services as are taxed by the court. The following fees shall be allowed and paid: (1) For serving a summons or attachment by reading or copy, twenty cents, except that for serving a summons in support enforcement cases, twenty dollars; (2) for taking bail or bail bond, one dollar; (3) for copies of writs and complaints, exclusive of endorsements, sixty cents per page; (4) for endorsements, forty cents per page or fraction thereof; (5) for service of a warrant for the seizure of intoxicating liquors, or for posting and leaving notices after the seizure, or for the destruction or delivery of any such liquors under order of court, one dollar; (6) for the removal and custody of such liquors so seized, reasonable expenses, and one dollar; (7) for levying an execution, when the money is actually collected and paid over, or the debt secured by the officer to the acceptance of the creditor, three per cent on the amount of the execution; (8) on the levy of an execution on real property and on application for sale of personal property attached, to each appraiser, for each half day of actual service, two dollars, to surveyors when necessarily employed, four dollars per day and to each chain bearer necessarily employed, two dollars per day, which sums, with those paid to the town clerk, shall be, by the officer levying the execution, endorsed thereon, together with his own fees; (9) for causing an execution levied on real property to be recorded, fees for travel, and fifty cents; (10) for services on an application for the sale of personal property attached, or in selling mortgaged property foreclosed under a decree of court, the same fees as for similar services on executions; (11) for committing any person to a community correctional center, in civil actions, twenty cents a mile for travel, from the place of the court to the community correctional center, in lieu of all other expenses; and (12) for summoning and attending a jury for reassessing damages or benefits on a highway, three dollars a day. The court shall tax as costs a reasonable amount for the care of property held by any officer under attachment or execution. The officer serving any attachment or execution may claim compensation for time and expenses of any person, in keeping, securing or removing property taken thereon, provided he shall make out a bill. The bill shall specify the labor done, and by whom, the time spent, the travel, the money paid, if any, and to whom and for what. The compensation for the services shall be fixed on the basis of two dollars per hour and the amount of expenses and shall be taxed by the court with the costs. The following fees shall be allowed and paid, except to state employees in the classified service: For each arrest in criminal cases, one dollar and fifty cents; for any necessary assistants in making criminal arrests, a reasonable sum, the necessity of such assistance to be proved by the oath of the officer; for travel with a prisoner to court or to a community correctional center, forty cents a mile, provided, if more than one prisoner is transported at the same time, the total cost of travel shall be forty cents per mile for each prisoner transported up to a maximum of two dollars per mile, regardless of the number of prisoners transported, and provided further, if a prisoner is transported for commitment on more than one mittimus, the total cost of travel shall be the same as for the transportation of one prisoner committed on one mittimus only; for holding a prisoner in custody upon criminal process for each twelve hours or fraction thereof, to be taxed as expenses in the case, one dollar; for holding a prisoner in custody by order of court, one dollar a day; for keepers, for every twelve hours, in lieu of all other expenses, except in special cases to be approved by the court, five dollars; for executing a mittimus of commitment to the Connecticut Correctional Institution, Somers, for each prisoner, one dollar and fifty cents; for transporting any prisoner from a community correctional center to the Connecticut Correctional Institution, Somers, or for transporting any person under commitment from a community correctional center to the John R. Manson Youth Institution, Cheshire, twenty-five cents a mile, to be taxed as expenses, provided, if more than one prisoner or person is transported, the total cost of travel shall be twenty-five cents per mile for each prisoner or person transported up to a maximum of one dollar per mile, regardless of the number of prisoners or persons transported; for taking samples to a state chemist by order of court, two dollars, and for each mile of travel in going and returning, ten cents; for service of a mittimus to commit to Long Lane School*, necessary expenses and a reasonable compensation; and for producing any prisoner, held by criminal process, in court or before a judge under habeas corpus proceedings, twenty-five cents a mile travel and two dollars and fifty cents a day for attendance, to be taxed and allowed by the court or judge.
(P.A. 81-80, S. 2; P.A. 82-160, S. 133; P.A. 86-186, S. 17; P.A. 88-279, S. 2, 3; P.A. 93-329, S. 13, 14; P.A. 99-26, S. 23, 39.)
*Note: Upon the filing with the Governor and the General Assembly of written certification by the Commissioner of Children and Families that the new Connecticut Juvenile Training School is operational, the words "the Connecticut Juvenile Training School" shall be substituted for the words "Long Lane School".
History: P.A. 82-160 rephrased the section, inserted Subdiv. indicators and deleted "or the Connecticut School for Boys" after "Long Lane School"; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; P.A. 88-279 limited applicability to process served by judicial department or division of criminal justice where previously applicability was stated to be for any process served for the state; P.A. 93- 329 increased fee for serving a summons in support enforcement cases to twenty dollars, effective July 1, 1993; P.A. 99- 26 replaced "Long Lane School" with "the Connecticut Juvenile Training School", effective upon the filing with the Governor and the General Assembly of written certification by the Commissioner of Children and Families that the new Connecticut Juvenile Training School is operational.

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Sec. 52-262. Fees for signing process, administering oaths, acknowledgments. Any person legally authorized, except when otherwise provided and except for judges, prosecutors and clerks of court, shall be paid the following fees: (1) For signing an attachment, summons, warrant or subpoena, taking a bond or recognizance or an affidavit, or administering an oath out of court, ten cents; (2) for taking the acknowledgment of any instrument, or signing and issuing a subpoena or capias, twenty-five cents; and (3) for causing notices of the seizure of intoxicating liquors to be posted, or issuing an order for their destruction, fifty cents.
(1949 Rev., S. 3635; 1959, P.A. 473, S. 1; 1967, P.A. 628, S. 4; P.A. 82-160, S. 134.)
History: 1959 act doubled fee for issuing execution and deleted fees for drawing complaint and warrant for an informing officer, for each succeeding page and for issuing and issuing a mittimus; 1967 act excepted payment to judges, prosecutors and clerks and deleted fee for issuing execution; P.A. 82-160 rephrased the section and inserted Subdiv. indicators.
Cited. 196 C. 451, 452.

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