Table of Contents Sec. 52-549a. Application for hearing before a commissioner of the Superior
Court. (a) In any small claims action, the parties may, by agreement, submit such matter
to a commissioner of the Superior Court chosen on a rotating basis by the clerk of the
court to which such small claim is returned, from a list of such commissioners approved
by the Chief Court Administrator, in accordance with section 52-549d, and submitted
to the parties by the clerk in the small claims area in which such matter is filed. If the
parties fail to agree on the first commissioner so chosen, the clerk shall choose another
upon whom the parties may agree on such rotating basis. Sec. 52-549b. Where hearing may be held. Upon the filing of the statement provided for in section 52-549a, the clerk of the court shall notify the commissioner so
appointed, who shall forthwith proceed to hear such controversy. Such hearing shall be
heard in a courtroom unless no courtroom is available, in which case it may be heard
in a law office of the commissioner or at any other place upon which the commissioner
and the parties may agree. Sec. 52-549c. Hearing before commissioner. Procedure. Counsel. Withdrawal. Award and judgment. (a) A commissioner of the Superior Court appointed
to hear a small claim shall not be bound by the rules regarding the admissibility of
evidence, but all testimony shall be given under oath or affirmation. Either party may
be represented by counsel but no record of the proceeding before the commissioner shall
be required to be kept. No expense may be incurred by the commissioner except upon
the consent in writing of the parties. Sec. 52-549d. List of names of commissioners to conduct hearings. Compensation. (a) Any commissioner of the Superior Court, admitted to practice in this state for
at least two years, who is able and willing to hear small claims, may submit his name
to the clerk of the superior court for any small claims area in which the commissioner
may have a law office or in which he is convenient and available to the litigants and
counsel of the small claims area. The name shall be submitted to the Chief Court Administrator for approval to be placed on a list of available commissioners in any small claims
area for hearing of small claims. The approved name shall thereupon be returned to the
clerk who shall maintain a list of all approved names.
Sec. 52-549a. Application for hearing before a commissioner of the Superior Court.
Sec. 52-549b. Where hearing may be held.
Sec. 52-549c. Hearing before commissioner. Procedure. Counsel. Withdrawal. Award and
judgment.
Sec. 52-549d. List of names of commissioners to conduct hearings. Compensation.
Secs. 52-549e to 52-549m.
(b) If the parties consent to a hearing before a commissioner of the Superior Court,
they shall sign a statement, to be filed with the clerk of the superior court in which such
action is filed, containing the following: (1) Consent to hearing before such commissioner, which shall contain the name of the commissioner; (2) a brief recital of the nature
of the controversy to be determined; and (3) an agreement of the parties to abide by the
decision of such commissioner.
(P.A. 76-298, S. 2, 6; P.A. 77-452, S. 30, 68, 72; P.A. 00-191, S. 6.)
History: P.A. 77-452 made chief court administrator rather than chief judge of court of common pleas responsible for
approving list of superior court commissioners in Subsec. (a) and required that statement be filed by clerk of superior court
rather than clerk of common pleas court in Subsec. (b), reflecting reorganization of judicial system, effective July 1, 1978;
P.A. 00-191 amended Subsec. (a) by changing "geographical area" to "small claims area".
See Sec. 51-15 re procedure and jurisdictional limit for small claims matters.
See Sec. 52-259 re court fees for entry and transfer of small claims cases.
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(P.A. 76-298, S. 3, 6.)
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(b) After the commencement of the hearing neither party may withdraw from the
hearing unless both parties consent to the withdrawal, or the commissioner directs a
discontinuance of the proceeding.
(c) The commissioner shall make his award in writing and file the award promptly,
together with his opinion, if any, with the clerk of the superior court in which the action
is filed within fifteen days of the conclusion of the hearing. Unless both parties file a
request in writing not to enter judgment, the clerk shall, within two days after the filing
of the award and opinion, if any, enter judgment in accordance with the award and mail
notice of judgment and a copy of the opinion, if any, to the parties.
(P.A. 76-298, S. 4, 6; P.A. 77-452, S. 69, 72; 77-604, S. 34, 84; P.A. 82-160, S. 216.)
History: P.A. 77-452 required filing of award with clerk of superior court rather than clerk of common pleas court in
subsec. (c), reflecting reorganization of judicial system, effective July 1, 1978; P.A. 77-604 made technical grammatical
correction in Subsec. (c); P.A. 82-160 rephrased the section.
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(b) Except as provided in section 52-549c, no commissioner may receive compensation or reimbursement for any expense incurred or for any services performed in accordance with the provisions of this chapter and section 51-15.
(P.A. 76-298, S. 5, 6; P.A. 77-452, S. 31, 72; P.A. 82-160, S. 217; P.A. 00-191, S. 7, 16.)
History: P.A. 77-452 required submission of name to superior court clerk and to chief court administrator rather than
to common pleas court clerk and chief judge of common pleas court, reflecting reorganization of judicial system, effective
July 1, 1978; P.A. 82-160 deleted the "On or after June 4, 1976" at the beginning of the section, rephrased the section and
inserted Subsec. indicators; P.A. 00-191 amended Subsec. (a) by changing "geographical area" to "small claims area",
effective September 1, 2000.
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