CHAPTER 882
SUPERIOR COURT

PART I
GENERAL PROVISIONS

      Sec. 51-164s. Superior Court sole trial court. Jurisdiction transferred from Court of Common Pleas and Juvenile Court. The Superior Court shall be the sole court of original jurisdiction for all causes of action, except such actions over which the courts of probate have original jurisdiction, as provided by statute. All jurisdiction heretofore conferred upon and exercised by the Court of Common Pleas and the Juvenile Court prior to July 1, 1978 shall be transferred to the Superior Court on July 1, 1978.

      (P.A. 76-436, S. 1, 681.)

      Cited. 179 C. 406. Cited. 180 C. 114. Cited. 189 C. 29. Cited. 192 C. 234; Id., 704. Cited. 194 C. 43. Cited. 206 C. 323. Cited. 209 C. 679; Id., 724. Cited. 211 C. 416. Cited. 214 C. 256. Cited. 222 C. 299. Cited. 227 C. 175. Cited. 229 C. 691. Cited. 237 C. 758.

      Cited. 2 CA 308; Id., 355. Cited. 3 CA 201. Cited. 6 CA 530. Cited. 15 CA 185. Cited. 24 CA 195. Cited. 30 CA 45. Cited. 35 CA 769. Cited. 45 CA 324. Statute expressly confers to Superior Court all jurisdiction previously held by Juvenile Court. 77 CA 246.

      Cited. 39 CS 347.

      Sec. 51-164t. Composition of Superior Court established by rule. (a) The Superior Court shall consist of such divisions and parts thereof as shall be provided by the rules of the Superior Court to provide the highest standards of justice and the most efficient operation of the court.

      (b) The Chief Court Administrator shall assign to each division or part thereof as many judges as he deems advisable and shall designate the holding of sessions of divisions and parts at such times and localities as he deems to be in the best interest of court business, taking into consideration the convenience of litigants and their counsel, and the efficient use of courthouse personnel and facilities.

      (P.A. 76-436, S. 7, 10a, 681; P.A. 82-248, S. 84.)

      History: P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs. but made no substantive change.

      Cited. 214 C. 256.

      Cited. 39 CS 347.

      Sec. 51-164u. Transfer of matters and appeals pending on July 1, 1978. Section 51-164u is repealed, effective October 1, 2002.

      (P.A. 76-436, S. 2, 681; P.A. 77-347, S. 10, 11; S.A. 02-12, S. 1.)

      Sec. 51-164v. (Formerly Sec. 51-141b). Use of Circuit Court and Court of Common Pleas forms in the Superior Court. Any form which was valid for use with respect to any court of common pleas proceeding on July 1, 1978, including but not limited to arrest warrant and search warrant forms, shall be valid for use with respect to proceedings in the Superior Court on and after July 1, 1978, and wherever the words "Circuit Court" or "Court of Common Pleas" appear on any such form used on and after July 1, 1978, they shall be construed to mean "Superior Court".

      (P.A. 75-149, S. 1, 2; P.A. 76-436, S. 107, 681.)

      History: P.A. 76-436 replaced previous provisions concerning transfer of circuit court functions to court of common pleas with provisions concerning subsequent transfer of court of common pleas functions to superior court, effective July 1, 1978; Sec. 51-141b transferred to Sec. 51-164v in the 1977 Court Reorganization Supplement.

      Sec. 51-164w. Juvenile Court, Circuit Court and Court of Common Pleas construed to mean Superior Court as of July 1, 1978. Section 51-164w is repealed, effective October 1, 2002.

      (P.A. 76-436, S. 245, 668, 681; S.A. 02-12, S. 1.)

      Sec. 51-164x. Review of order prohibiting attendance at court session; review of certain orders sealing or limiting disclosure to court documents, affidavits or files. (a) Any person affected by a court order which prohibits any person from attending any session of court, except any session of court conducted pursuant to section 46b-11, 46b-49, 46b-122 or 54-76h or any other provision of the general statutes under which the court is authorized to close proceedings, whether at a pretrial or trial stage, shall have the right to the review of such order by the filing of a petition for review with the Appellate Court within seventy-two hours from the issuance of such court order.

      (b) No order subject to review pursuant to subsection (a) of this section shall be effective until seventy-two hours after it has been issued, and the timely filing of any petition for review shall stay the order.

      (c) Any person affected by a court order that seals or limits the disclosure of any files, affidavits, documents or other material on file with the court or filed in connection with a court proceeding, except (1) any order issued pursuant to section 46b-11 or 54-33c or any other provision of the general statutes under which the court is authorized to seal or limit the disclosure of files, affidavits, documents or materials, whether at a pretrial or trial stage, and (2) any order issued pursuant to a court rule that seals or limits the disclosure of any affidavit in support of an arrest warrant, shall have the right to the review of such order by the filing of a petition for review with the Appellate Court within seventy-two hours from the issuance of such court order.

      (d) The Appellate Court shall provide an expedited hearing on such petitions filed pursuant to subsections (a) and (c) of this section in accordance with such rules as the judges of the Appellate Court may adopt, consistent with the rights of the petitioner and the parties to the case.

      (P.A. 80-234, S. 1; P.A. 81-89; June Sp. Sess. P.A. 83-29, S. 39, 82; P.A. 97-178, S. 1.)

      History: P.A. 81-89 exempted any session of court conducted pursuant to Sec. 46b-11, 46b-49, 46b-122 or 54-76h or any other provision under which court is authorized to close proceedings, and added provision that petition for review shall be filed within seventy-two hours from issuance of court order and specified that the appellate session of the superior court shall provide hearing in accordance with rules adopted by judges of the superior court; June Sp. Sess. P.A. 83-29 deleted reference to appellate session of the superior court and added reference to appellate court; P.A. 97-178 amended Subsec. (a) by changing right to "appeal" order to right to "the review of" order, amended Subsec. (b) by changing reference to "such order" to "order subject to review pursuant to subsection (a) of this section" and by requiring "timely" filing of petition, and added Subsec. (c) re review of orders sealing or limiting disclosure of files, affidavits, documents or other material on file with the court and exceptions and amended Subsec. (d), formerly Subsec. (c), re expedited hearing on petitions filed pursuant to Subsecs. (a) and (c).

      Cited. 208 C. 365. Cited. 222 C. 331. Cited. 230 C. 441. Cited. 233 C. 44. Cited. 237 C. 339. Cited. 240 C. 623.

      Cited. 18 CA 273. Cited. 23 CA 433. Cited. 26 CA 758. Cited. 43 CA 851. Cited. 45 CA 142. Section does not provide expedited review of protective order issued pursuant to Sec. 13-5 of the Practice Book. 51 CA 287. Confers jurisdiction for court to review order permitting use of pseudonyms regardless of whether the order is separate or connected to an order sealing a file or any portion thereof. Subsec. (c) provides court with jurisdiction to review a court order that limits disclosure of any material on file. Defendants' names are "material on file" and omitting those names and permitting them to be replaced with pseudonyms constitutes limiting their disclosure. Whole purpose of statute is to afford expedited review of a court order that limits disclosure, and its express provisions do not contain an exception for nondisclosure of the identity of others. 96 CA 399.

      Order for closure too broad where included presentation of evidence on newspaper circulation, prior publicity and publishing policies. 37 CS 627. Cited. Id., 705. Cited. 38 CS 546.

      Subsec. (a):

      Cited. 229 C. 178.

      Sec. 51-165. Number of judges. Retired judges. Assignment to hear housing matters and juvenile matters. (a) (1) On and after July 1, 1998, the Superior Court shall consist of one hundred eighty-one judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.

      (2) On and after October 1, 1998, the Superior Court shall consist of one hundred eighty-three judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.

      (3) On and after January 1, 1999, the Superior Court shall consist of one hundred eighty-six judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.

      (4) On and after October 1, 1999, the Superior Court shall consist of one hundred ninety-one judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.

      (5) On and after October 1, 2000, the Superior Court shall consist of one hundred ninety-six judges, including the judges of the Supreme Court and the Appellate Court, who shall be appointed by the General Assembly upon nomination of the Governor.

      (b) In addition thereto, each judge of the Supreme Court, Appellate Court, or judge of the Superior Court who elects to retain his office but retire from full-time active service shall continue to be a member of the Superior Court during the remainder of his term of office and during the term of any reappointment under section 51-50i, until he attains the age of seventy years. He shall be entitled to participate in the meetings of the judges of the Superior Court and to vote as a member thereof.

      (c) Any judge assigned to hear housing matters should have a commitment to the maintenance of decent, safe and sanitary housing and, if practicable, shall devote full time to housing matters. If practicable, he should be assigned to hear matters for not less than eighteen months. Any judge assigned to housing matters in a judicial district should reside in one of the judicial districts served by the housing session after he is assigned thereto.

      (d) Any judge assigned to hear juvenile matters should have a commitment to the prompt resolution of disputes affecting the care and custody of children with full understanding of all factors affecting the best interests of children and, if practicable, shall devote full time to juvenile matters. If practicable, any such judge should be assigned to hear juvenile matters for not less than eighteen months.

      (1949 Rev., S. 7621; 1953, S. 3110d; 1957, P.A. 476, S. 1; February, 1965, P.A. 331, S. 16; 1967, P.A. 243, S. 2; P.A. 73-91, S. 1, 2; P.A. 74-183, S. 8, 291; 74-309, S. 11, 17; P.A. 76-436, S. 6, 681; P.A. 78-365, S. 3, 13; P.A. 80-448, S. 5, 8; P.A. 81-312, S. 1, 2; 81-419, S. 7; P.A. 82-248, S. 85; 82-389, S. 1, 3; 82-461, S. 8; June Sp. Sess. P.A. 83-25, S. 4, 9; June Sp. Sess. P.A. 83-29, S. 10, 82; P.A. 85-280; 85-451, S. 1, 4; 85-468, S. 1, 2; P.A. 86-328, S. 1, 3; P.A. 87-508, S. 1, 10; P.A. 89-335, S. 1, 2; 89-390, S. 23, 37; P.A. 93-225, S. 2, 4; May Sp. Sess. P.A. 94-6, S. 12, 28; July 13 Sp. Sess. P.A. 94-1, S. 2, 9; P.A. 97-257, S. 8, 13; P.A. 98-197, S. 1, 8.)

      History: 1965 act increased number of judges from twenty-seven to thirty-six; 1967 act increased number to forty-one; P.A. 73-91 increased number of judges to judges to forty-six, effective April 19, 1973, with terms to commence the first of June, July, August, September and October, 1973 and nominations to be made by governor on or before May 15, 1973; P.A. 74-183 increased number of judges to fifty-one, effective May 24, 1974, for purpose of appointment for terms effective December 31, 1974; P.A. 74-309 added provisions re judges who retain office but retire from full-time active service; P.A. 76-436 increased number of judges to one hundred and eighteen, effective July 1, 1978; P.A. 78-365 increased number of judges to one hundred and nineteen and added provisions re judges assigned to hear housing matters; P.A. 80-448 required that judge hearing housing matters should be assigned to do so for not less than eighteen months, deleting reference to July 1, 1980, as duration of time during which housing matters assigned to particular judge; P.A. 81-312 increased the number of judges from one hundred nineteen to one hundred twenty-seven; P.A. 81-419 deleted a reference to the judge assigned to hear housing matters in the judicial district of Hartford-New Britain and clarified the language concerning residency to make it applicable to any judge hearing housing matters; P.A. 82-248 divided section into Subsecs.; P.A. 82-389 increased number of superior court judges from one hundred twenty-seven to one hundred thirty-one; P.A. 82-461 provided that a judge assigned to hear housing matters in a judicial district should reside in one of the judicial districts served by the housing session rather than in that judicial district; June Sp. Sess. P.A. 83-25 amended Subsec. (c) by adding "if practicable" to requirement that housing judge should devote full time to housing matters; June Sp. Sess. P.A. 83-29 increased number of superior court judges from one hundred thirty-one to one hundred thirty-six and added references to appellate court; P.A. 85-280 added Subsec. (d) re assignment of judges to hear juvenile matters; P.A. 85-451 increased number of judges from one hundred thirty-six to one hundred thirty-seven; P.A. 85-468 increased number of superior court judges from one hundred thirty-six to one hundred forty-three, thereby repealing by implication the increase in P.A. 85-451; P.A. 86-328 increased number of superior court judges from one hundred forty-three to one hundred forty-six; P.A. 87-508 increased number of superior court judges from one hundred forty-six to one hundred fifty-five; P.A. 89-335 increased number of superior court judges from one hundred fifty-five to one hundred sixty-three; P.A. 89-390 increased number of superior court judges from one hundred sixty-three to one hundred sixty-six; P.A. 93-225 amended Subsec. (a) by increasing number of superior court judges from one hundred sixty-six to one hundred sixty-eight, effective July 1, 1993; May Sp. Sess. P.A. 94-6 amended Subsec. (a) to increase the number of judges from one hundred sixty-eight to one hundred seventy-two, effective July 1, 1994; July 13 Sp. Sess. P.A. 94-1 amended Subsec. (a) to increase number of superior court judges from one hundred seventy-two to one hundred seventy-four, effective July 15, 1994; P.A. 97-257 amended Subsec. (a) by increasing number of judges from one hundred seventy-four to one hundred seventy-seven on and after January 1, 1998, effective July 1, 1997; P.A. 98-197 amended Subsec. (a) by increasing number of judges to one hundred eighty-one, on and after July 1, 1998, to one hundred eighty-three on and after October 1, 1998, to one hundred eighty-six on and after January 1, 1999, to one hundred ninety-one on and after October 1, 1999 and to one hundred ninety-six on and after October 1, 2000, effective July 1, 1998.

      Is one court throughout state. 76 C. 327; 108 C. 77. Cited. 193 C. 670. Cited. 217 C. 57.

      Subsec. (a):

      Cited. 41 CS 1.

      Subsec. (b):

      Cited. 41 CS 1.

      Subsec. (d):

      Cited. 206 C. 323.

      Sec. 51-166. Annual meeting of judges. The judges of the Superior Court shall meet annually in June. The Chief Justice of the Supreme Court shall give notice of the date, place and hour of meeting and shall preside at the meeting. A majority of all of the judges of the Superior Court shall constitute a quorum for the transaction of business. In the event of the absence or disability of the Chief Justice, the Chief Court Administrator shall act in his place.

      (1949 Rev., S. 7653; 1967, P.A. 656, S. 29; P.A. 76-436, S. 10a, 84, 681; P.A. 82-248, S. 86.)

      History: 1967 act specified that chief justice is to preside at meeting and that chief court administrator may act in his place and replaced provision whereby judges fixed number which constituted a quorum with provision requiring that majority of entire number of judges be considered as a quorum; P.A. 76-436 allowed meetings to be held at any time during June where previously the first Monday in June was the date, effective July 1, 1978; P.A. 82-248 rephrased section but made no substantive change.

      Sec. 51-167. Special meetings of the judges. The Chief Justice or presiding judge of the Supreme Court may call a meeting of the judges of the Superior Court at such time and place as he may designate, and, when convened, they may transact any business that might be done at the annual meeting.

      (1949 Rev., S. 7654.)

      Sec. 51-168. Transferred to Chapter 873, Sec. 51-51v.

      Secs. 51-169 to 51-171. Salaries of clerks and assistant clerks; traveling expenses; full-time, part-time requirements. Clerks of Superior Court to be county and judicial district clerks; custody of records of former county courts. Certification re authority of notaries public who recorded commissions prior to July 1, 1982. Custody of files and judgments in Stamford. Sections 51-169 to 51-171, inclusive, are repealed.

      (1949 Rev., S. 3605, 3608, 7668; 1957, P.A. 445, S. 5, 6; September, 1957, P.A. 11, S. 36; March, 1958, P.A. 27, S. 57; 1972, P.A. 165, S. 4, 24; June, 1972, P.A. 1, S. 20; P.A. 73-635, S. 2; P.A. 81-34, S. 5, 9; P.A. 82-248, S. 163; P.A. 90-154, S. 21.)

      See Sec. 51-51w re salaries and expenses of Superior Court clerks.

      See Secs. 51-52, 51-52a, 51-57 re powers and duties of clerks and clerical assistants.

      Sec. 51-171a. Transferred to Chapter 873, Sec. 51-52b.

      Secs. 51-172 to 51-174. Records and files at Waterbury. Civil actions on appeals brought in Ansonia filed in Waterbury. Records and seal of court at Winchester. Sections 51-172 to 51-174, inclusive, are repealed.

      (1949 Rev., S. 7669-7671; 1957, P.A. 603, S. 4; P.A. 76-436, S. 91, 681; P.A. 77-452, S. 44, 72; P.A. 78-280, S. 126, 127; 78-331, S. 54, 58.)

      Sec. 51-175. Transferred to Chapter 886, Sec. 51-278.

      Secs. 51-175a and 51-175b. Transferred to Chapter 886, Secs. 51-287 and 51-288, respectively.

      Secs. 51-176 to 51-179. Special state's attorney. Circuit Court prosecutors not to be state's attorneys. Expenses of state's attorneys. Civil term. Sections 51-176 to 51-179, inclusive, are repealed.

      (1949 Rev., S. 3613, 7622, 7665, 7666; 1955, S. 3112d; 1957, P.A. 445, S. 1; 1961, P.A. 517, S. 34; 1963, P.A. 642, S. 51; February, 1965, P.A. 331, S. 20; 1969, P.A. 364, S. 1; 1972, P.A. 165, S. 14; June, 1972, P.A. 1, S. 20; P.A. 73-116, S. 11, 12; 73-122, S. 26, 27; 73-667, S. 1, 2; P.A. 77-576, S. 29, 65; P.A. 78-280, S. 4, 127; P.A. 82-248, S. 163.)

      See Sec. 51-278 re appointment, salaries and removal of prosecutorial officials.

      See Sec. 51-285 re appointment of special assistant state's attorneys and special assistant United States attorney.

      Sec. 51-180. Criminal terms and sessions. (a) There shall be a term of the Superior Court for criminal business on the first Tuesday of each month in each judicial district.

      (b) The court shall sit during any term in a judicial district for the trial of any person confined to a community correctional center on the first day of the term for want of bail who applies to the court for such trial.

      (1949 Rev., S. 7622; 1951, 1955, S. 3111d; November, 1955, S. N227; 1967, P.A. 656, S. 30; 1969, P.A. 297; 1972, P.A. 165, S. 15; June, 1972, P.A. 1, S. 20; P.A. 78-280, S. 4, 127; P.A. 82-248, S. 87.)

      History: 1967 act changed sessions from three to four times each year; 1969 act substituted "community correctional center" for "jail"; 1972 acts added reference to judicial districts and deleted specific reference to sessions in Waterbury in New Haven county, effective September 5, 1972; P.A. 78-280 deleted references to counties; P.A. 82-248 reworded section, divided section into Subsecs. and deleted provision re sitting of court for criminal sessions as fixed by judges.

      See Sec. 51-180a re special session held when accused is confined for want of bail.

      See Sec. 51-183a re procedure when a judge is unable to hold court.

      Sec. 51-180a. (Formerly Sec. 51-153). Special session when accused confined for want of bail. Whenever any person confined to a community correctional center for want of bail applies for trial under the provisions of section 51-180 and the court having jurisdiction of such person is not then sitting for the transaction of criminal business, the Chief Court Administrator shall assign a judge of such court to hold a session of such court for the transaction of criminal business for the purpose of such trial.

      (November, 1955, S. N228; 1963, P.A. 642, S. 46; 1967, P.A. 656, S. 31; 1969, P.A. 297; P.A. 76-436, S. 10a, 85, 681.)

      History: 1963 act deleted reference to section 51-152 which was repealed; 1967 act substituted chief court administrator for chief justice or associate justice; 1969 act substituted "community correctional center" for "jail"; P.A. 76-436 made no change, Sec. 10a of the act cancelling out amendment called for by Sec. 85. (Revisor's note: Sec. 51-153 transferred to Sec. 51-180a prior to the 1959 revision of the general statutes, revised to 1968.)

      Sec. 51-181. Times and places for the sitting of the Superior Court. (a) The Superior Court shall sit continuously throughout the year, at such times and places and for such periods as are set by the Chief Court Administrator or, with the approval of the Chief Court Administrator, his designee, in the following cities or towns except as otherwise provided by law: (1) In the judicial district of Ansonia-Milford, at Ansonia or Derby and at Milford; (2) in the judicial district of Danbury, at Danbury; (3) in the judicial district of Fairfield, at Bridgeport; (4) in the judicial district of Hartford, at Hartford and, whenever suitable accommodations are provided without expense to the state, at Manchester; (5) in the judicial district of Litchfield, at Litchfield, New Milford, Winchester and Torrington; (6) in the judicial district of Middlesex, at Middletown; (7) in the judicial district of New Britain, at New Britain and Bristol; (8) in the judicial district of New Haven, at New Haven and Meriden; (9) in the judicial district of New London, at Norwich and New London; (10) in the judicial district of Stamford-Norwalk, at Stamford; (11) in the judicial district of Tolland, at Rockville; (12) in the judicial district of Waterbury, at Waterbury; and (13) in the judicial district of Windham, at Putnam and Willimantic.

      (b) The court shall sit not less than forty weeks in Bristol and Stamford.

      (1949 Rev., S. 7623; 1951, 1953, 1955, S. 3113d; 1957, P.A. 44 5, S. 2; 452, S. 1; 603, S. 1; 1959, P.A. 152, S. 70; 1963, P.A. 465; February, 1965, P.A. 331, S. 21; 1967, P.A. 386, S. 1; 1972, P.A. 165, S. 16; June, 1972, P.A. 1, S. 20; P.A. 73-290; 73-603, S. 4; P.A. 75-530, S. 30, 35; P.A. 76-436, S. 10a, 86, 681; P.A. 77-411, S. 3, 6; 77-576, S. 27, 65; 77-604, S. 59, 84; P.A. 78-280, S. 82, 127; 78-379, S. 6, 27; P.A. 80-201, S. 4, 9; P.A. 82-248, S. 88; P.A. 88-230, S. 6, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4-6; P.A. 98-81, S. 15, 20.)

      History: 1959 act substituted state for county in regard to expenses, county government having been abolished; 1963 act deleted provision session at Meriden be held only when quarters are provided without expense to the state; 1965 act provided the court be continuously in session and substituted the chief court administrator for the chief justice; 1967 act changed dates for sessions from second Tuesday of September, December, March and June; 1972 acts added reference to judicial districts and deleted reference to sessions at Waterbury in New Haven county, effective September 5, 1972; P.A. 73-290 required three sessions in New Britain rather than two; P.A. 73-603 increased number of sessions at Danbury from two to four; P.A. 75-530 deleted requirement for once-a-year naturalization session in New Britain; P.A. 76-436 transferred power to fix times, places and duration of sessions from chief judge of superior court to chief court administrator or his designee, effective July 1, 1978; P.A. 77-411 required four sessions annually at Bristol; P.A. 77-576 amended section to replace counties with specified judicial districts and to replace provision requiring four sessions with provision requiring court to sit continuously, similarly replacing provisions requiring certain localities required to have three or four sessions with provision requiring that court sit at least forty weeks at Danbury and thirty weeks at Stamford, effective July 1, 1978; P.A. 77-604 made technical grammatical correction; P.A. 78-280 continued substitution of specific judicial districts for counties, required that court sit forty weeks in Bristol and Stamford, replacing provision requiring that it sit forty weeks in Danbury and thirty weeks in Stamford and deleted provisions re specific purposes, i.e. civil business and naturalization of aliens, for which court sits; P.A. 78-379 essentially reiterated changes of P.A. 78-280; P.A. 80-201 added judicial district of Stamford-Norwalk; P.A. 82-248 divided section into Subsecs. and placed judicial districts in alphabetical order; P.A. 88-230 added requirement that the court sit in the judicial district of New Britain, at New Britain and Bristol, and changed reference to the judicial district of Hartford-New Britain to the judicial district of Hartford to reflect the division of the judicial district of Hartford-New Britain into two separate judicial districts, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 98-81 deleted phrase "whenever suitable accommodations are provided without expense to the state at" before "Torrington" in Subdiv. (5) of Subsec. (a).

      See Sec. 51-180 re criminal terms and sessions.

      See Sec. 51-183a re procedure when a judge is unable to hold court.

      Annotations to former statute:

      Cited. 139 C. 260. Cited. 143 C. 688.

      Annotations to present section:

      Cited. 174 C. 567. Cited. 199 C. 417.

      Superior court is continuously in session with four sessions held on first Tuesdays of September, January and April and on first Tuesday following July 4. A session is only part of a "term". 28 CS 118.

      Sec. 51-181a. Sessions at Bristol. Section 51-181a is repealed.

      (February, 1965, P.A. 339, S. 1; 1967, P.A. 656, S. 32; P.A. 76-436, S. 88, 681; P.A. 77-411, S. 4, 6; 77-576, S. 29, 65.)

      Sec. 51-181b. Drug docket and drug courts. (a) The Chief Court Administrator may establish in any court location or juvenile matters court location a docket separate from other criminal or juvenile matters for the hearing of criminal or juvenile matters in which a defendant is a drug-dependent person, as defined in section 21a-240. The docket shall be available to offenders who could benefit from placement in a substance abuse treatment program.

      (b) The Chief Court Administrator shall establish, within the appropriations designated in public act 03-1 of the June 30 special session* for said purpose, one or more drug courts for the hearing of criminal or juvenile matters in which a defendant is a drug-dependent person, as defined in section 21a-240, who could benefit from placement in a substance abuse treatment program.

      (P.A. 95-131; P.A. 97-248, S. 6, 12; June 30 Sp. Sess. P.A. 03-6, S. 164.)

      *Note: Public act 03-1 of the June 30 special session is entitled "An Act Concerning Expenditures and Revenue for the Biennium Ending June 30, 2005". (See Reference Table captioned "June 30, 2003" in Volume 16 which indicates the appropriations sections in said act.)

      History: P.A. 97-248 replaced provision requiring Chief Court Administrator to designate a court location in which a pilot program for a separate drug docket is to be established with provision authorizing said administrator to establish in any geographical area court location or juvenile matters court location such a docket, specified that the docket shall be separate from other juvenile matters, authorized the docket to hear juvenile matters in which a defendant is a drug-dependent person, specified that the availability of the docket to offenders sixteen to twenty-one years of age is only in a geographical area court location and deleted former Subsec. (b) requiring the implementation of the pilot program and a report re its expansion, effective July 1, 1997; June 30 Sp. Sess. P.A. 03-6 designated existing provisions as Subsec. (a) and amended said Subsec. to delete provision that limited the docket to a "geographical area" court location and revise provision re availability of the docket by replacing "shall be available to, but not be limited to, offenders who are sixteen to twenty-one years of age and who could benefit from placement in a substance abuse treatment program" with "shall be available to offenders who could benefit from placement in a substance abuse treatment program" and added new Subsec. (b) re establishment of one or more drug courts, effective August 20, 2003.

      Sec. 51-181c. Community court pilot program. (a) The Chief Court Administrator shall designate one court location in which a community court pilot program is to be established where there shall be a docket separate from other criminal matters for the hearing of (1) criminal matters which are misdemeanor cases, (2) misdemeanor cases transferred by the housing session of the Superior Court, and (3) violations of municipal ordinances referred by municipalities, in accordance with policies and procedures established by the Chief Court Administrator.

      (b) The community court may accept transfers and referrals of cases pursuant to subdivisions (1) and (2) of subsection (a) of this section. The community court may order any person to participate in a community service program, (1) if the person has not previously been placed in such program, the court may suspend prosecution and place such person in such program or, upon a plea of guilty without trial, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with section 53a-30, or (2) if such person has previously been placed in such program, the court may, upon a plea of guilty without trial, suspend any sentence of imprisonment and make participation in such program a condition of probation or conditional discharge in accordance with said section 53a-30.

      (c) Any person for whom prosecution is suspended and who is placed in the community service program pursuant to subdivisions (1) and (2) of subsection (a) of this section shall agree to the tolling of the statute of limitations with respect to such crime and to a waiver of such person's right to a speedy trial. If the program monitor certifies to the court that such person successfully completed the community service program, the court shall make a finding of such satisfactory completion and dismiss the charges. If the program monitor certifies to the court that such person did not successfully complete the community service program to which such person was assigned or is no longer amenable to participating in such program, the court shall enter a plea of not guilty for such person and transfer the case to the regular criminal docket and immediately place the case on the trial list, except that cases accepted from the housing session pursuant to subdivision (2) of subsection (a) of this section shall be returned to the housing session.

      (d) The community court may accept transfers and referrals of violations of municipal ordinances under subdivision (3) of subsection (a) of this section whether or not any such person has been found guilty of such violation prior to such referral to community court. The community court may order any such person to participate in a community service program up to a maximum of twenty hours in lieu of, or in addition to, a fine for such violation. If the program monitor certifies to the court that such person successfully completed the community service program, the court shall make a finding of such satisfactory completion and dismiss the charges.

      (P.A. 97-199, S. 2; June 18 Sp. Sess. P.A. 97-11, S. 62, 65; P.A. 02-89, S. 81; P.A. 03-19, S. 115.)

      History: June 18 Sp. Sess. P.A. 97-11 changed effective date of P.A. 97-199 from October 1, 1997, to July 1, 1997, effective July 1, 1997; P.A. 02-89 deleted as obsolete Subsec. (e) requiring Chief Court Administrator to establish policies and procedures to implement pilot program and to report on or before January 1, 1998, recommendations for expansion of program to two additional sites; P.A. 03-19 made technical changes in Subsec. (c), effective May 12, 2003.

      Sec. 51-181d. Truancy docket. Implementation. (a) The Chief Court Administrator shall designate a docket separate from the other juvenile matters for the hearing of truancy matters and petitions filed pursuant to section 46b-149 in court locations throughout the state.

      (b) The Chief Court Administrator shall establish policies and procedures to implement such truancy docket.

      (P.A. 97-253.)

      Sec. 51-182. Notice of sessions. Special sessions. Short calendar. (a) The judges of the Superior Court shall provide for the giving of reasonable notice of the times and places when court is to be held.

      (b) The Chief Court Administrator or his designee shall assign judges to divisions or parts thereof. The Chief Court Administrator may vary any such assignment.

      (c) The Chief Court Administrator or his designee shall provide, so far as it may be practicable, necessary and consistent with the performance by each judge of the usual circuit duty, for the presence of a judge in each judicial district to hold short calendar sessions, small claims sessions, night sessions and other special sessions under such regulations as the Chief Court Administrator may, from time to time, establish.

      (d) The regulations established by the Chief Court Administrator shall provide for at least one short calendar session in each judicial district in each month during the year.

      (1949 Rev., S. 7624; 1957, P.A. 651, S. 26; February, 1965, P.A. 331, S. 22; P.A. 76-436, S. 10a, 87, 681; P.A. 78-280, S. 83, 127; P.A. 82-248, S. 89.)

      History: 1965 act substituted chief court administrator for chief justice and eliminated prohibition against short calendar sessions in July and August; P.A. 76-436 deleted requirement that assignment of judges be made at their annual meeting, added references to districts and geographical areas generally, to the judicial district of Waterbury specifically, to small claims, night and special sessions and replaced chief judge of superior court with chief court administrator or his designee where appearing, effective July 1, 1978; P.A. 78-280 deleted detailed provisions re sessions of courts, reflecting fact that court now sits continuously (see Sec. 51-181) and replaced references to counties and to judicial district of Waterbury with general reference to judicial districts; P.A. 82-248 made technical revision, rewording some provisions and dividing section in Subsecs. but made no substantive change.

      In absence of required notice or agreement, judgment for substantial damages on default is erroneous. 78 C. 286. Cited. 97 C. 557. Cited. 113 C. 382.

      Secs. 51-182a and 51-182b. Family relations term. Family relations sessions. Sections 51-182a and 51-182b are repealed.

      (1959, P.A. 531, S. 1, 2; February, 1965, P.A. 331, S. 23, 24; 1969, P.A. 365, S. 1, 2; 1972, P.A. 165, S. 17; June, 1972, P.A. 1, S. 20; P.A. 76-436, S. 503, 681; P.A. 77-576, S. 29, 65.)

      Sec. 51-182c.* Transferred to Chapter 815, Sec. 46b-1.

      *Note: Originally renumbered as Sec. 51-330 in the 1977 Court Reorganization Supplement.

      Sec. 51-182d. Length of family relations sessions; assignment of judges. Section 51-182d is repealed.

      (1959, P.A. 531, S. 4; February, 1965, P.A. 331, S. 25; P.A. 76-436, S. 90, 681; P.A. 77-411, S. 5, 6; 77-576, S. 29, 65.)

      Secs. 51-182e and 51-182f.* Transferred to Chapter 815, Secs. 46b-3 and 46b-4, respectively.

      *Note: Originally renumbered as Secs. 51-332 and 51-333, respectively, in the 1977 Court Reorganization Supplement.

      Sec. 51-182g. Transferred to Chapter 889, Sec. 51-334.

      Sec. 51-182h.* Transferred to Chapter 815, Sec. 46b-11.

      *Note: Originally renumbered as Sec. 51-335 in the 1977 Court Reorganization Supplement.

      Secs. 51-182i to 51-182k.* Transferred to Chapter 815, Secs. 46b-5 to 46b-7, inclusive.

      *Note: Originally renumbered as Secs. 51-336 to 51-338, inclusive, in the 1977 Court Reorganization Supplement.

      Sec. 51-182l.* Transferred to Chapter 815, Sec. 46b-10.

      *Note: Originally renumbered as Sec. 51-339 in the 1977 Court Reorganization Supplement.

      Sec. 51-182m.* Transferred to Chapter 815, Sec. 46b-9.

      *Note: Originally renumbered as Sec. 51-340 in the 1977 Court Reorganization Supplement.

      Secs. 51-182n and 51-182o. Hearing of appeals from Juvenile Court. Sessions for appeals from Common Pleas Court. Sections 51-182n and 51-182o are repealed.

      (1959, P.A. 28, S. 31; 531, S. 16-18; 1971, P.A. 870, S. 6, 24; P.A. 73-616, S. 39; P.A. 74-183, S. 47, 291; P.A. 76-435, S. 34, 82; 76-436, S. 117, 657, 681.)

      Sec. 51-182p.* Transferred to Chapter 815, Sec. 46b-8.

      *Note: Originally renumbered as Sec. 51-341 in the 1977 Court Reorganization Supplement.

      Sec. 51-183. Substitute judge. Any judge of the Superior Court may hold any term or session or part of any term or session of court to which another judge has been assigned, when the latter is unable to hold or complete it; and any judge may try any action when the judge holding court is disqualified or declines to try it.

      (1949 Rev., S. 7635; P.A. 82-248, S. 90.)

      History: P.A. 82-248 reworded section but made no substantive change.

      Cited. 213 C. 686.

      Cited. 16 CA 684. Cited. 39 CA 635. Cited. 44 CA 125.

      Sec. 51-183a. (Formerly Sec. 51-28). Judge's inability to hold court. When any judge assigned to hold the Superior Court in any judicial district or geographical area is unable to hold or continue court for such a period as business may require, he shall notify the Chief Court Administrator or his designee of such inability. The Chief Court Administrator or his designee shall immediately assign and direct some other judge or senior judge to hold or continue court. The judge so assigned shall hold or continue court accordingly.

      (1949 Rev., S. 7701; 1967, P.A. 656, S. 24; P.A. 74-183, S. 21, 291; P.A. 76-436, S. 10a, 54, 681; P.A. 78-280, S. 84, 127; P.A. 82-248, S. 91.)

      History: 1967 act required that judge who is unable to hold or continue court notify chief court administrator rather than chief justice of supreme court; P.A. 74-183 deleted provisions governing procedure for adjournment of court when a judge fails to appear on first day of session and required that judge who is unable to hold or continue court notify chief judge rather than chief court administrator, effective December 31, 1974; P.A. 76-436 added reference to judicial districts, required notification of chief court administrator or his designee rather than chief judge when judge is unable to hold court and allowed assignment of senior judges to hold or continue court, effective July 1, 1978; Sec. 51-28 transferred to Sec. 51-183a in the 1977 Court Reorganization Supplement; P.A. 78-280 deleted provision prohibiting adjournment or discontinuance of term or session of court because judge assigned to preside is absent, reflecting fact that court now sits continuously, (see Sec. 51-181), deleted reference to counties and added reference to geographical areas; P.A. 82-248 reworded section but made no substantive change.

      Annotation to former section 51-28:

      Cited. 97 C. 559.

      Sec. 51-183b. (Formerly Sec. 51-29). Judgments in civil actions. Time limit. Any judge of the Superior Court and any judge trial referee who has the power to render judgment, who has commenced the trial of any civil cause, shall have power to continue such trial and shall render judgment not later than one hundred and twenty days from the completion date of the trial of such civil cause. The parties may waive the provisions of this section.

      (1949 Rev., S. 7706; 1959, P.A. 28, S. 80; 1963, P.A. 209; P.A. 74-183, S. 22, 291; P.A. 76-436, S. 55, 681; P.A. 77-576, S. 26, 65; P.A. 81-52; P.A. 83-295, S. 6; P.A. 96-37, S. 7.)

      History: 1959 act applied provisions to judges of newly created circuit court; 1963 act removed circuit court judges from purview of previously existing provisions and added provision specifically applicable to circuit court judges; P.A. 74-183 deleted provision requiring that judgment be rendered within ninety days of the conclusion of a civil trial in the circuit court, reflecting transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 76-436 removed common pleas court judges from purview of section, reflecting transfer of common pleas court functions to superior court, effective July 1, 1978; P.A. 77-576 replaced provision which had allowed continuance of trial and rendering of judgment after expiration of term or session at which trial commenced but required end of trial and judgment before the close of the next term or session with requirement that judgment be rendered not later than eight months from trial's commencement and added provision allowing parties to waive provisions of section, effective July 1, 1978; Sec. 51-29 transferred to Sec. 51-183b in the 1977 Court Reorganization Supplement; P.A. 81-52 changed the requirement that judgment be rendered not later than eight months from the commencement of the trial to not later than one hundred and twenty days from the completion of the trial; P.A. 83-295 applied provisions to any state trial referee who has the power to render judgment; P.A. 96-37 changed "state trial referee" to "judge trial referee".

      Annotations to former section 51-29:

      A court has control over its judgments only during the term in which they are rendered. 47 C. 429; 108 C. 282. A judge has power to retain a case for consideration and decision after the close of the term. 47 C. 579. Amending memo of judgment at subsequent term. 74 C. 23. Violation may be waived. 76 C. 305; 86 C. 560. Violation of this section makes judgment erroneous, not void. 97 C. 556. This statute expressly authorizes a judge to finish a trial and render judgment therein at any time prior to the close of the next succeeding term or session. 107 C. 383. Judgment must be rendered and trial ended before close of next term or session. 109 C. 54; But see 123 C. 15. In construing this statute as to superior court, the word "term" is the equivalent of the word "session". 109 C. 54. If no timely and appropriate advantage of delay is taken, consent of parties will be assumed. 112 C. 154. Cited. 115 C. 623. Judgment erroneous if not rendered during next session after that at which trial commenced, where no act or omission of the parties constitutes consent, waiver or estoppel. 117 C. 639, 645. When too late for court to render judgment, case may be claimed for trial as though no hearing had been held. 118 C. 418. Cited. 123 C. 583. Lack of jurisdiction after time expires does not pertain to subject matter but to the parties; subsequent filing of pleadings and participation in hearings held waiver. 132 C. 438. Cited. 134 C. 183. A judge must decide a case before the end of the session of court next succeeding the session at which it is tried, and a judgment rendered after that time is erroneous. 139 C. 263. On date of rendering, judgment was valid as in compliance with statute in effect while action was pending. 157 C. 434. Cited. Id., 525. Cited. 162 C. 534. Not applicable to state trial referees. Prior constructions restated. History. 164 C. 360. Statute applies only to cases tried to the court and not to cases tried to a jury. Id., 554. Judge not continuing a trial to its end before close of next session of circuit court, lost jurisdiction. Case properly determined by another judge sitting fifteen months later. 168 C. 74. Cited. Id., 560.

      Cited. 13 CS 121. Section not applicable to proceedings before state trial referee. 33 CS 560.

      Order vacating judgment rendered by circuit court seventeen months after completion of trial and ordering new trial was interlocutory and not a final judgment from which appeal lies. 4 Conn. Cir. Ct. 474, 475.

      Annotations to present section:

      Civil cause should be construed to encompass administrative appeals. 179 C. 415. Cited. 192 C. 484. Determination of "the completion date" discussed; availability of all elements directly or indirectly to be considered in rendering a decision included. Id., 601. Cited. 194 C. 187. Cited. 195 C. 174. Cited. 208 C. 21. Cited. 213 C. 813. Cited. 214 C. 801. Cited. 215 C. 435. Initial refusal to consent to late judgment rendered judgment void; judgment of appellate court in Waterman v. United Caribbean, Inc., 20 CA 283, reversed. 215 C. 688. Cited. 220 C. 86. Cited. 233 C. 153. Cited. 234 C. 1. Cited. 237 C. 378. As long as order of trial court is issued within one hundred twenty days after completion of trial, order constitutes timely judgment within meaning of statute regardless of whether order is accompanied by memorandum of decision explaining legal and factual basis for order. 243 C. 495. Order of trial court constituted a "judgment" within meaning of this section where order resolved the dispute and determined appeal in favor of plaintiff. 246 C. 251.

      Cited. 2 CA 689. Cited. 3 CA 531. Cited. 7 CA 136. Cited. 12 CA 702. Cited. 20 CA 283; judgment reversed; Id., 425. Cited. 21 CA 545. Cited. 26 CA 426. Cited. 28 CA 745. Does not violate separation of powers provision of Article second of the Connecticut Constitution (now Article XVIII of the Amendments to the Connecticut Constitution) 29 CA 157. Cited. 30 CA 204. Absent waiver of provisions of statute, a judgment rendered by a court beyond the time period permitted lacks personal jurisdiction over defendants. 39 CA 635. Cited. 40 CA 89; Id., 374. Cited. 44 CA 542. Cited. 45 CA 626. Court's order that parties submit their positions on release of judgment lien constituted request for briefs which, when filed, began 120-day period. 72 CA 692. Court, by ordering defendant attorney and Statewide Grievance Committee to appear at a subsequent hearing on the issue of sanctions against defendant, implicitly opened the case, which was within its province within the one hundred twenty days after trial's completion. 74 CA 464. Statutory time period runs from completion date of trial, not from time of filing of briefs on motion for judgment of dismissal. 82 CA 483. General Assembly did not intend to include within definition of "trial", for purposes of the 120-day rule, arguments on motions addressed to whether plaintiff is precluded from an evidentiary hearing or trial because of prior trial on the same or similar issues between the same parties. 88 CA 795. Section does not apply to timeliness of judgment rendered following short calendar proceeding. 95 CA 713.

      Cited. 44 CS 312.

      Sec. 51-183c. (Formerly Sec. 51-41). Same judge not to preside at new trial. No judge of any court who tried a case without a jury in which a new trial is granted, or in which the judgment is reversed by the Supreme Court, may again try the case. No judge of any court who presided over any jury trial, either in a civil or criminal case, in which a new trial is granted, may again preside at the trial of the case.

      (1949 Rev., S. 7697; P.A. 74-183, S. 282, 291; P.A. 76-436, S. 60, 681; P.A. 82-248, S. 92.)

      History: P.A. 74-183 prohibited judge who tried case in which judgment was reversed in appellate session of superior court from trying case again, effective December 31, 1974; P.A. 76-436 deleted provision added by P.A. 74-183, effective July 1, 1978; Sec. 51-41 transferred to Sec. 51-183c in the 1977 Court Reorganization Supplement; P.A. 82-248 rephrased section but made no substantive change.

      Annotations to former section 51-41:

      Applies though offenses not in all respects the same. 75 C. 109. Does not create a jurisdictional infirmity which the parties are powerless to remedy by waiver or consent. 147 C. 296. Where judge who tried defendant had been a member of the sentence review division which had heard defendant's application for a review of his sentence on a previous conviction, there was not even a technical infraction of this section since the powers of the sentence review division are limited to a review of the sentence imposed and have nothing to do with the ascertainment of guilt or innocence. 152 C. 629.

      Section does not prevent original presiding judge from discontinuing case at regular annual call of docket. 3 CS 420.

      Annotations to present section:

      Cited. 186 C. 426. Cited. 188 C. 354. Cited. 216 C. 813. Cited. 227 C. 784. Cited. 242 C. 617. Sentencing hearing does not constitute a trial within meaning of section and defendant's motion that case be assigned to a new judge for resentencing is without merit. 260 C. 93.

      Cited. 10 CA 103. Term "trial" not intended to include pretrial or short calendar proceedings. 27 CA 15. Section does not apply to pretrial or short calendar proceedings, and accordingly, court unwilling to unilaterally extend its legislative policy to arbitration process. 66 CA 202.

      Sec. 51-183d. (Formerly Sec. 51-42). Disqualified judge; proceedings not void. If a judge acts in any legal proceeding in which he is disqualified, the proceeding shall not by reason thereof be void, but such action shall constitute an irregularity of which advantage may be taken by appeal or, where no appeal lies, by proceedings in error.

      (1949 Rev., S. 7698; 1959, P.A. 28, S. 85; P.A. 82-248, S. 93.)

      History: 1959 act deleted justice of the peace from application of section; Sec. 51-42 transferred to Sec. 51-183d in the 1977 Court Reorganization Supplement; P.A. 82-248 made minor technical changes in language but made no substantive change.

      Annotations to former section 51-42:

      Cited. 152 C. 630.

      Cited. 3 CS 424.

      Annotations to present section:

      Cited. 27 CA 15.

      Sec. 51-183e. (Formerly Sec. 51-43). Presiding judge or arbitrator to have casting vote. The Chief Justice, or the presiding judge of a court, when there is an equal division of opinion among all the judges of the court including the Chief Justice or presiding judge on any question before it, shall have a casting vote except where it is otherwise specially provided by law. A person presiding in an arbitration or civil proceeding shall in the like case have a casting vote.

      (1949 Rev., S. 7696; P.A. 82-248, S. 94.)

      History: Sec. 51-43 transferred to Sec. 51-183e in the 1977 Court Reorganization Supplement; P.A. 82-248 rephrased section made no substantive changes.

      Cited. 189 C. 42.

      Sec. 51-183f. (Formerly Sec. 51-44). Expiration of term, disability retirement, death or resignation of judge. If the term of office of any judge of the Superior Court expires during the pendency of any proceeding before him, or if any judge of the Superior Court is retired because of a disability, dies or resigns during the pendency of any proceeding before him, any other judge of that court, upon application, shall have power to proceed therewith as if the subject matter had been originally brought before him.

      (1949 Rev., S. 7705; 1959, P.A. 28, S. 86; 1967, P.A. 218; P.A. 74-183, S. 26, 291; P.A. 76-436, S. 58, 681.)

      History: 1959 act included circuit court judge; 1967 act extended section to include disability retirement, death and resignation; P.A. 74-183 removed judges of 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 common pleas court judges from purview of section, reflecting transfer of common pleas court functions to superior court, effective July 1, 1978; Sec. 51-44 transferred to Sec. 51-183f in the 1977 Court Reorganization Supplement.

      Annotation to former section 51-44:

      Former statute did not apply when judge died during pendency of proceeding. 25 CS 60.

      Annotations to present section:

      Cited. 22 CA 363. Outlines steps to be taken by successor judge pursuant to the section. 29 CA 378. Cited. 34 CA 673. Cited. 39 CA 429.

      Applies where judge dies after a jury verdict but before case is completed. 46 CS 650.

      Sec. 51-183g. (Formerly Sec. 51-46). Retiring judge; unfinished matters. Any judge of the Superior Court may, after ceasing to hold office as such judge, settle and dispose of all matters relating to appeal cases, as well as any other unfinished matters pertaining to causes theretofore tried by him, as if he were still such judge.

      (1949 Rev., S. 8010; 1959, P.A. 28, S. 87; P.A. 74-183, S. 27, 291; P.A. 76-436, S. 59, 681.)

      History: 1959 act substituted circuit court judge for municipal court judge, latter court having been abolished; P.A. 74-183 removed circuit court judges from purview of section, reflecting transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 76-436 removed common pleas court judges from purview of section, reflecting transfer of common pleas court functions to superior court, effective July 1, 1978; Sec. 51-46 transferred to Sec. 51-183g in the 1977 Court Reorganization Supplement.

      Annotations to former section 51-46:

      The rule was otherwise before its passage. 41 C. 96. This statute is constitutional. 53 C. 237; 97 C. 565. Making a finding is a ministerial act and may constitutionally be performed by a judge retired because of constitutional limitations as to age. Id. See 105 C. 719. Does not apply to judges of town courts. 130 C. 472. Retired judge has duty to make a finding just as though he were still the judge. 76 C. 388; 143 C. 582.

      Annotation to present section:

      Judge trial referee may resentence defendant when he had presided over defendant's trial as a Superior Court judge. 274 C. 727.

      Sec. 51-183h. (Formerly Sec. 51-41a). Judge not to hear motion attacking bench warrant which he signed. No judge may preside at the hearing of any motion attacking the validity or sufficiency of any bench warrant of arrest which he has signed.

      (1967, P.A. 24, S. 1; P.A. 82-248, S. 95.)

      History: Sec. 51-41a transferred to Sec. 51-183h in 1979; P.A. 82-248 changed "warrant or arrest warrant" to "warrant of arrest".

      Annotation to former section 51-41a:

      Cited. 191 C. 360.

      Annotations to present section:

      Cited. 227 C. 784.

      Cited. 37 CA 672.

      Sec. 51-184. Adjournment of court. In any judicial district where the Superior Court may lawfully be held in more than one place, the judge holding court, civil or criminal, may adjourn court to any such lawful place.

      (1949 Rev., S. 7636; P.A. 78-280, S. 2, 127; P.A. 82-248, S. 96.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-248 rephrased section but made no substantive changes.

      Sec. 51-185. Disposition of civil business at criminal sessions. Each criminal session of the Superior Court may hear and determine both criminal and civil actions. At each criminal session, upon the conclusion of the criminal business before the court, or during a recess of the court in the disposition of criminal business, the presiding judge or, in the event of his disability for any cause, any other judge of the Superior Court upon the designation of the Chief Court Administrator or of the judges of the Superior Court may dispose of civil jury business before the same or another jury duly summoned, or, if the jury business is not ready, civil business to the court.

      (1949 Rev., S. 7625; 1967, P.A. 656, S. 34; P.A. 76-436, S. 10a, 97, 681; P.A. 82-248, S. 97.)

      History: 1967 act substituted chief court administrator for chief justice as authority empowered to designate judge to act for presiding judge; P.A. 76-436 referred to criminal sessions of superior court rather than to sessions of criminal superior court, effective July 1, 1978; P.A. 82-248 reworded section but made no substantive change.

      Cited. 113 C. 383.

      Sec. 51-186. Hearings at the Connecticut Correctional Institution, Somers. A hearing on any petition for a writ of habeas corpus may be held at the Connecticut Correctional Institution, Somers.

      (1949 Rev., S. 7626; 1963, P.A. 28, S. 5; 459, S. 1, 3.)

      History: 1963 acts deleted stipulations act applied only to writs brought to superior court for Hartford county and State Prison in town of Wethersfield.

      Sec. 51-187. Court accommodations in Windham County and at Rockville. Section 51-187 is repealed.

      (1949 Rev., S. 7627; 1959, P.A. 152, S. 71; 1961, P.A. 522; February, 1965, P.A. 516, S. 2.)

      Secs. 51-187a and 51-187b. Transferred to Chapter 871, Secs. 51-27c and 51-27d, respectively.

      Sec. 51-188. Transferred to Chapter 871, Sec. 51-27f.

      Sec. 51-189. Transfer of hearings before judges. When, upon any application, petition or matter presented to any judge of the Superior Court for a hearing by him as a judge, notice to the adverse party of the hearing thereon is required, either by statute or in the discretion of the judge, the judge to whom such application, petition or matter has been presented may, in the order of notice issued by him, designate any other judge of the Superior Court to hear the same, the consent thereto of such other judge having first been obtained, and when any application, petition or matter is pending before any judge of the Superior Court, such application, petition or matter may be by him transferred to any other judge of the Superior Court, upon like consent first obtained, and in either case such other judge shall thereupon proceed with such application, petition or matter with the same authority as though the same had originally been presented to him or had theretofore been pending before him.

      (1949 Rev., S. 7650.)

      Cited. 186 C. 125.

      Sec. 51-190. Trial before judge; papers filed where. Section 51-190 is repealed.

      (1949 Rev., S. 7649; P.A. 82-248, S. 163.)

      See Sec. 51-190a for successor provisions.

      Sec. 51-190a. (Formerly Sec. 51-161). Filing and lodging papers upon decision. (a) In the trial of an action before a judge of the Superior Court that might have been brought to the Superior Court, the judge, when a decision has been reached, shall lodge the file and papers in the action and a memorandum of his decision with the clerk of the Superior Court who would have been the custodian thereof had the action been tried by the court in the judicial district.

      (b) In the trial of an action before a judge of the Superior Court that could not have been brought to the Superior Court, the judge, when a decision has been reached, if the action relates to an interest in land, shall lodge the file and papers in the action and a memorandum of his decision with the clerk of the superior court in the judicial district in which the land affected is located.

      (c) When an action is tried by a judge of the Superior Court other than those mentioned in subsections (a) and (b) of this section, and it is not otherwise provided by law where the file and papers shall be lodged, the judge, when a decision has been reached, shall designate a clerk of the Superior Court with whom the file and papers shall be lodged and shall thereupon lodge them and a memorandum of his decision with the clerk.

      (d) The clerk of the Superior Court with whom a file, papers and memorandum of decision are lodged pursuant to this section is the lawful custodian thereof.

      (1949 Rev., S. 7607; P.A. 76-436, S. 660, 681; P.A. 78-280, S. 1, 127; P.A. 82-248, S. 55; P.A. 05-288, S. 172.)

      History: P.A. 76-436 replaced court of common pleas with superior court, reflecting transfer of common pleas court functions to superior court, effective July 1, 1978; Sec. 51-161 transferred to Sec. 51-190a in the 1977 Court Reorganization Supplement; P.A. 78-280 deleted reference to counties; P.A. 82-248 rephrased section and changed "cause" to "action"; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005.

      Secs. 51-191 to 51-193. Cause affecting land; documents lodged in Superior Court. Clerk designated by judge to take papers. Records may be rewritten. Sections 51-191 to 51-193, inclusive, are repealed.

      (1949 Rev., S. 7651, 7652, 7667; 1972, P.A. 165, S. 19; June, 1972, P.A. 1, S. 20; P.A. 78-280, S. 126, 127; 78-331, S. 54, 58.)

      Sec. 51-193a. Transferred to Chapter 877, Sec. 51-95a.

      Sec. 51-193b. Payment of fees, costs and fines by credit card. Payment of any fees, costs, fines or other charges to the Superior Court may be made by means of a credit card, and the payor may be charged a service fee for any payment made by credit card. The service fee shall not exceed any charge by the credit card issuer, including any discount rate. Payments by credit card shall be made at such time and under such conditions as the Office of the Chief Court Administrator may prescribe.

      (P.A. 94-135, S. 4.)

      Sec. 51-193c. Filing of documents with Superior Court by computer, facsimile transmission or other new technology. Fees. (a) The judicial branch may permit the filing of any document that is required by law to be filed with the Superior Court by computer or facsimile transmission or by employing new technology as it is developed.

      (b) For purposes of this section, the judges of the Superior Court may prescribe alternative methods for the signing, subscribing or verifying of such document by a person so that such document shall have the same validity and status as a paper document that was signed, subscribed or verified by such person.

      (c) Notwithstanding any other provision of the general statutes, the Chief Court Administrator may permit the payment of any fee that is required by law to be paid to the clerk of the Superior Court by use of any existing technology or new technology as it is developed. The payor may be charged a service fee for any such payment. The service fee shall not exceed any charge by the service provider, including any discount rate.

      (d) The judges of the Superior Court may adopt any rules they deem necessary to implement the provisions of this section and the Office of the Chief Court Administrator shall prescribe any forms required to implement such provisions.

      (P.A. 98-13, S. 1.)

      Secs. 51-193d to 51-193k. Reserved for future use.

PART Ia
MAGISTRATES

      Sec. 51-193l. Appointment of magistrates. Submission of names of probate judges for approval as magistrates. The Chief Court Administrator shall make such orders and rules as he deems necessary to provide for the appointment of magistrates to hear and decide cases pursuant to the provisions of sections 51-193t and 51-193u. Any commissioner of the Superior Court, admitted to practice in this state for at least five years, who is able and willing to hear such cases designated in accordance with sections 51-193t and 51-193u may be appointed as a magistrate. Any probate judge who is a commissioner of the Superior Court admitted to practice in this state for at least five years may submit his name to the Probate Court Administrator, who shall submit a list of such names to the Office of the Chief Court Administrator for approval to be placed on a list of available magistrates for one or more judicial districts.

      (P.A. 81-462, S. 1, 13; P.A. 82-441, S. 13, 14, 23; P.A. 85-464, S. 1.)

      History: P.A. 82-441 changed "may" to "shall", added exception of motor vehicle violations punishable by sentence of imprisonment and changed practice requirement from three to five years, effective April 1, 1983; P.A. 85-464 provided that chief court administrator rather than judges of supreme and superior courts regulate the appointment of magistrates, authorized magistrates to rule in small claims matters and added provision re appointment of probate judges as magistrates.

      Cited. 218 C. 729.

      Secs. 51-193m to 51-193q. Prosecutions to be submitted to magistrate. Persons alleged to have committed motor vehicle infractions; payment of fine; plea of not guilty. Request for jury trial; hearing in Superior Court. Notification of magistrate by clerk of court; where hearing may be held. Hearing before magistrate; report; final judgment. Sections 51-193m to 51-193q, inclusive, are repealed.

      (P.A. 81-462, S. 2-6, 13; P.A. 82-441, S. 13, 15, 17-19, 23; P.A. 85-464, S. 6.)

      Sec. 51-193r. Compensation of magistrates. Each commissioner of the Superior Court shall receive, for acting as a magistrate in accordance with the provisions of sections 51-193t and 51-193u the sum of one hundred fifty dollars for each day he is engaged as a magistrate.

      (P.A. 81-462, S. 7, 13; P.A. 82-441, S. 13, 23; P.A. 85-464, S. 2.)

      History: P.A. 82-441 rewrote effective date section of P.A. 81-462 but changes did not affect this section; P.A. 85-464 substituted reference to Secs. 51-193t and 51-193u for reference to Secs. 51-193l to 51-193q, inclusive, and increased compensation from one hundred to one hundred fifty dollars per day.

      Sec. 51-193s. Submission of names of probate judges for approval as magistrates. Section 51-193s is repealed.

      (P.A. 82-441, S. 16, 23; P.A. 85-464, S. 6.)

      Sec. 51-193t. Hearing of small claims matters by magistrate. (a) Notwithstanding the provisions of chapter 922a, the hearing and determination of small claims matters may be assigned to magistrates. Magistrates may handle all aspects of the small claims session including, but not limited to, the determination of all uncontested and contested matters, motions to open judgment, motions to transfer to the regular civil docket, and any motions concerning any postjudgment remedy resulting from a small claims judgment.

      (b) A magistrate appointed to hear a small claims matter 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 proceedings before the magistrate shall be required to be kept.

      (P.A. 85-464, S. 3; P.A. 89-93.)

      History: P.A. 89-93 amended Subsec. (a) by deleting requirement that motions to transfer to regular civil docket shall be handled by the court and permitting magistrates to handle such motions to transfer.

      Sec. 51-193u. Hearing of violations and infractions by magistrate. Authority of magistrate decision. Demand for trial de novo. (a) Cases involving motor vehicle violations, excluding alleged violations of sections 14-215, 14-222, 14-222a, 14-224 and 14-227a and any other motor vehicle violation involving a possible term of imprisonment, or any violation, as defined in section 53a-27, which are scheduled for the entering of a plea may be handled by a magistrate.

      (b) Infractions and violations designated in subsection (a) of this section in which a plea of not guilty has been entered may be heard by a magistrate. Magistrates shall not have the authority to conduct jury trials.

      (c) Magistrates shall have the authority to accept pleas of guilty or of not guilty, to accept pleas of nolo contendere and enter findings of guilty thereon, to impose fines, to set bonds, to forfeit bonds, to continue cases to a date certain, to enter nolles brought by the prosecutorial official, to recommend suspension under section 14-111b, 14-140 or 15-154, to order notices of intention to suspend motor vehicle licenses and registrations, to order issuance of a mittimus if a defendant has been found able to pay and fails to pay, to remit fines, to impose or waive fees and costs, to hear and decide motions, to dismiss cases and to decide cases that are tried before him.

      (d) A decision of the magistrate, including any penalty imposed, shall become a judgment of the court if no demand for a trial de novo is filed. Such decision of the magistrate shall become null and void if a timely demand for a trial de novo is filed. A demand for a trial de novo shall be filed with the court clerk within five days of the date the decision was rendered by the magistrate and, if filed by the prosecutorial official, it shall include a certification that a copy thereof has been served on the defendant or his attorney, in accordance with the rules of court. No record of the proceedings shall be required to be kept.

      (P.A. 85-464, S. 4; P.A. 86-127, S. 1, 2; P.A. 92-116; P.A. 93-142, S. 2.)

      History: P.A. 86-127 amended Subsec. (b) to delete provision which authorized magistrates to hear certain cases "unless a claim has been made for a jury trial at which time the case will be entered in the docket as a jury case" and amended Subsec. (c) to authorize magistrates to accept pleas of nolo contendere and enter findings of guilty thereon, to recommend suspension under Sec. 14-111b or 15-154, and to hear and decide motions, deleting former Subsec. (e) which had prohibited magistrates from conducting jury trials and merging former Subsec. (e) into (c); P.A. 92-116 amended Subsec. (c) to permit waiver of fee for motion to reopen judgment and amended Subsec. (d) to provide that no record of the proceedings shall be required to be kept; P.A. 93-142 broadened authority of magistrates to hear cases involving violations as defined in Sec. 53a-27.

      Cited. 41 CS 356.

      Subsec. (d):

      Statute violates double jeopardy clause. 41 CS 356.

PART II*
SENTENCE REVIEW DIVISION

      Sec. 51-194. Review division, appointment; meetings; disqualification; secretary. The Chief Justice shall appoint three judges of the Superior Court to act as a review division of the court and shall designate one of the judges to act as chairman thereof. The clerk of the Superior Court for the judicial district of Hartford shall record the appointments and shall give notice thereof to the clerk of the court for each other judicial district. Said division shall meet at such times and places as its business requires, as determined by the chairman. The decision of any two of the judges shall be sufficient to determine any matter before the review division. No judge may sit or act on a review of a sentence imposed by him and, in any case in which review of a sentence imposed by any of the judges serving on the review division is to be acted on by the division, the Chief Justice may designate another judge to act in place of the judge. The review division is authorized to appoint a secretary and such clerical help as it deems adequate, whose compensation shall be fixed in accordance with section 51-12.<