CHAPTER 883
SUPREME COURT

      Sec. 51-198. Constitution of Supreme Court; retired judges, terms, participation in meetings; deliberation and participation in disposition of case after age of seventy. (a) The Supreme Court shall consist of one Chief Justice and six associate judges, who shall, at the time of their appointment, also be appointed judges of the Superior Court.

      (b) In addition thereto, each Chief Justice or associate judge of the Supreme Court who elects to retain office but to retire from full-time active service shall continue to be a member of the Supreme Court during the remainder of his or her term of office and during the term of any reappointment under section 51-50i, until he or she attains the age of seventy years. He or she shall be entitled to participate in the meetings of the judges of the Supreme Court and vote as a member thereof, but only with respect to matters for which he or she has been summoned pursuant to subsection (b) of section 51-207.

      (c) A judge of the Supreme Court who has attained the age of seventy years may continue to deliberate and participate in all matters concerning the disposition of any case which the judge heard prior to attaining said age, until such time as the decision in any such case is officially released. The judge may also participate in the deliberation of a motion for reconsideration in such case if such motion is filed within ten days of the official release of such decision.

      (1949 Rev., S. 7672; February, 1965, P.A. 331, S. 26; P.A. 74-309, S. 10, 17; P.A. 82-248, S. 101; P.A. 87-508, S. 3, 10; P.A. 00-191, S. 11, 16; P.A. 01-195, S. 53, 181; P.A. 06-152, S. 13.)

      History: 1965 act increased number of associate judges from four to five; P.A. 74-309 added provisions re powers and privileges of chief justice or associate judge of supreme court who retains office but retires from full-time service; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs., but made no substantive change; P.A. 87-508 increased number of associate judges from five to six; P.A. 00-191 added Subsec. (c) providing that judge of Supreme Court who has attained age of seventy may continue to deliberate and participate in all matters concerning disposition of case which judge heard prior to attaining age seventy, until decision is released and may participate in deliberation if motion for reconsideration is filed, effective May 26, 2000; P.A. 01-195 made technical changes in Subsec. (b) for purposes of gender neutrality, effective July 11, 2001; P.A. 06-152 amended Subsec. (b) by making a technical change and inserting "but only with respect to matters for which he or she has been summoned pursuant to subsection (b) of section 51-207", effective June 6, 2006.

      Cited. 135 C. 267.

      Sec. 51-198a. Law clerks. Section 51-198a is repealed.

      (1959, P.A. 623, S. 1; 1963, P.A. 286; 1971, P.A. 588; P.A. 76-436, S. 10a, 382, 681; P.A. 78-130, S. 1, 2.)

      Sec. 51-199. Jurisdiction. (a) The Supreme Court shall have final and conclusive jurisdiction of all matters brought before it according to law, and may carry into execution all its judgments and decrees and institute rules of practice and procedure as to matters before it.

      (b) The following matters shall be taken directly to the Supreme Court: (1) Any matter brought pursuant to the original jurisdiction of the Supreme Court under section 2 of article sixteen of the amendments to the Constitution; (2) an appeal in any matter where the Superior Court declares invalid a state statute or a provision of the state Constitution; (3) an appeal in any criminal action involving a conviction for a capital felony, class A felony, or other felony, including any persistent offender status, for which the maximum sentence which may be imposed exceeds twenty years; (4) review of a sentence of death pursuant to section 53a-46b; (5) any election or primary dispute brought to the Supreme Court pursuant to section 9-323 or 9-325; (6) an appeal of any reprimand or censure of a probate judge pursuant to section 45a-65; (7) any matter regarding judicial removal or suspension pursuant to section 51-51j; (8) an appeal of any decision of the Judicial Review Council pursuant to section 51-51r; (9) any matter brought to the Supreme Court pursuant to section 52-265a; (10) writs of error; and (11) any other matter as provided by law.

      (c) The Supreme Court may transfer to itself a cause in the Appellate Court. Except for any matter brought pursuant to its original jurisdiction under section 2 of article sixteen of the amendments to the Constitution, the Supreme Court may transfer a cause or class of causes from itself, including any cause or class of causes pending on July 1, 1983, to the Appellate Court. The court to which a cause is transferred has jurisdiction.

      (d) The Supreme Court may issue all writs necessary or appropriate in aid of its jurisdiction and agreeable to the usages and principles of law.

      (1949 Rev., S. 7674; P.A. 82-248, S. 102; June Sp. Sess. P.A. 83-29, S. 2, 82; P.A. 97-178, S. 2; P.A. 98-81, S. 5; P.A. 03-176, S. 1.)

      History: P.A. 82-248 changed "rules of practice for its regulation" to "rules of practice and procedure as to matters before it"; June Sp. Sess. P.A. 83-29 added Subsecs. (b) and (c) concerning matters taken directly to the supreme court and transfers from appellate court; P.A. 97-178 amended Subsec. (b) by deleting provision re appeal of class A felony or other felony, including persistent offender status, for which maximum sentence exceeds twenty years; P.A. 98-81 amended Subdiv. (3) of Subsec. (b) by adding "class A felony, or other felony, including any persistent offender status, for which the maximum sentence which may be imposed exceeds twenty years"; P.A. 03-176 made technical changes in Subsec. (b) and added Subsec. (d) re issuance of writs, effective June 26, 2003.

      See Sec. 51-14 re rules.

      Annotations to former section 52-272:

      Writ of error defined. 59 C. 497. Writ of error cannot be brought on interlocutory judgments. 1 D. 27; 21 C. 284; 24 C. 390; 69 C. 601; 116 C. 24. If erroneous, they can be reversed by writ of error on the final judgment when rendered. 28 C. 465. Error lies from order erasing cause from docket; 34 C. 185; but not from refusing to make such an order. 35 C. 222. A writ of error is not barred by right of appeal. 6 C. 149. Party may sustain writ of error to reverse a void judgment in his own favor. 28 C. 444. But not unless he is injured by it. 16 C. 445. Writs of error were supplanted by motions for new trial, in cases where evidence has been wrongly admitted or rejected, or a wrong charge given. 26 C. 581. On a writ of error the court had not the same discretion as on a motion for a new trial. 7 C. 132; 9 C. 344. No error is predicable on the exercise of judicial discretion. 36 C. 460. "Snap judgments". 16 C. 44. Admission of improper evidence not affecting decree, no ground of error. 15 C. 205; 24 C. 619. Presumptions are in favor of judgment. 3 D. 469; 25 C. 602. Record cannot be contradicted. 5 C. 544; 16 C. 42. Waiver of errors. 5 C. 543. Writ of error lies from a formal judgment awarding a writ of peremptory mandamus. 44 C. 390. Lies upon an adjudication of contempt of court, when. Id., 409. Does not lie from judgment denying a motion to set aside a nonsuit. 46 C. 465. Court may take notice of errors even when not assigned. 47 C. 582. Writ does not operate as a supersedeas of execution, when. 55 C. 156. Must be brought in the county or district in which the case was decided. 59 C. 496. Writ of error only to be taken from final judgment. 69 C. 601; 116 C. 24. Reaches only errors apparent on record. 72 C. 611; 86 C. 229; 87 C. 608; 116 C. 24. Proper method to review judgment of summary process in city court. 79 C. 310; 86 C. 32; 92 C. 150; 95 C. 69; 104 C. 115. Includes equitable proceedings. 83 C. 696. Cannot take place of appeal defeated by death of judge. 87 C. 608. See section 52-268. History of this procedure. 85 C. 622. Does not lie from decision of judge. 88 C. 147. How far replaced by appeal. 69 C. 483; 83 C. 690. Writ proper method to review judgment in contempt; its nature. 84 C. 89. Errors must be specifically assigned. 91 C. 671. Certification of evidence is improper; function of bill of exceptions; 94 C. 452; 96 C. 403; 104 C. 115; 108 C. 144; 109 C. 168. Judgment where case reversed but only one result legally possible on facts stated in bill. 96 C. 403. Effect of reversal on writ of error. 39 C. 308; 85 C. 271. Proper to annex to, or incorporate in, writ of error copy of record of trial court; but permissible to refer to it and later file it as an exhibit. 104 C. 116. Bill of exceptions is similar in function to a finding in an appeal. Id., 117. Limitations of use of bill of exceptions. 108 C. 144. Not a proper remedy for review of rulings of trial court or charge to jury except in actions of summary process. Id.; 109 C. 168. Writ on questions of law reaches only errors of record. 72 C. 611. Recognizance. 75 C. 650. Lies only upon judgment and from superior court. 69 C. 601. Is not coextensive with appeal; applies to equity as well as law; error must appear of record, and be involved in judgment. 83 C. 690. Begins independent action; service and return. 85 C. 374. But not a proceeding independent of original action in the broad sense. 119 C. 220. History and nature; lies when; to what term to be taken. 85 C. 618. Distinction between errors of law and fact. 86 C. 229. Runs to court, not to judge; election contest, record how made up and questions raised. 88 C. 141. A former statute permitted writs of error for errors in fact to be brought to superior court. 74 C. 453; 86 C. 234. Lies by state in criminal case. 118 C. 373. Formerly writs of error from city courts were returnable to the supreme court. 134 C. 659. Not affected by former section 51-38. Id., 662. Cited. 137 C. 638; 144 C. 389. See notes to sections 47a-35, 52-46. Section did not abolish writ of error from court of common pleas. 173 C. 104. Cited. 194 C. 43. Cited. 220 C. 162. Cited. 225 C. 391.

      Cited. 25 CA 734. Cited. 43 CA 851. Cited. 45 CA 235.

      Subsec. (a):

      Cited. 8 CA 407.

      Annotations to former section 52-273:

      Formerly: Limitation of two weeks applies to writ of error in summary process. 137 C. 635. Cited. 185 C. 118. Cited. 220 C. 162. Cited. 223 C. 411. Cited. 225 C. 391. Where writ of error may not be brought under this section, court discussed alternative accesses to review. 229 C. 178. In habeas corpus proceedings it was constitutional for general assembly to limit right to obtain appellate review through writ of error under this section by excluding cases "which might have been reviewed by process of appeal". Id., 193. Noncompliance with two-week limitation period of section does not deprive court of subject matter jurisdiction over a writ of error. 241 C. 569. Cited. 242 C. 689.

      Cited. 19 CA 686. Cited. 35 CA 527. There being no right of appeal in small claims cases, writ of error was proper. 49 CA 198.

      Annotations to former section 52-275:

      Bond filed at opening of the court is not sufficient. 41 C. 190. Recognizance sufficient; how noted on writ. 75 C. 651. Attorney for plaintiff may be recognized by authority signing writ for costs of prosecution. 108 C. 93. Cited. 169 C. 267. Cited. 207 C. 547. Cited. 220 C. 162. Cited. 225 C. 391. Although trial court has no discretion under the statute to refuse to allow and to sign an untimely writ of error, trial court nevertheless may reject and return any writ that does not conform with Practice Book Section 72-2 or when prospective plaintiff in error fails to provide sufficient bond in accordance with the statute. 261 C. 545.

      Annotations to former section 52-276:

      Such service must be made on each defendant. 3 C. 259. Bonds taken after allowance of writ. 7 C. 142. How served and returned to supreme court. 85 C. 375; Id., 626. Service may be accepted. 104 C. 116. Permissible, but not good practice to refer to record of trial court in writ and afterwards file record as exhibit in court above. Id. Cited. 114 C. 584. Cited. 118 C. 384. Cited. 225 C. 391.

      Annotations to former section 52-278:

      Cited. 180 C. 501. Cited. 181 C. 42. Cited. 188 C. 69. Cited. 218 C. 512. Cited. 219 C. 620. Cited. 223 C. 68. Cited. 238 C. 172.

      Cited. 2 CA 388. Cited. 11 CA 289. Cited. 16 CA 700. Cited. 39 CA 149.

      Cited. 38 CS 98.

      Annotations to present section:

      Jurisdiction of supreme court confined to causes and matters which have been regularly before the court below. 8 C. 165; 15 C. 341. May review decision of superior court on habeas corpus. 33 C. 321. Will not generally reconsider questions of law after once giving advice on reservation. 26 C. 110; 43 C. 255; 44 C. 391. Is a court of law only, and will not find or infer facts. 27 C. 278; 29 C. 496; 34 C. 169; 35 C. 469; 38 C. 479; 40 C. 330; 50 C. 275, 276; 62 C. 507; 64 C. 432. Has no jurisdiction of motion for new trial, unless completed and allowed according to law. 9 C. 112. Procedure where supreme court is overruled by U.S. supreme court. 1 C. 102; 82 C. 702. May decline to give an opinion as to the validity of a proposed act, at the request of general assembly. 33 C. 586. Will try an issue of fact on a plea in abatement of original process. 41 C. 190. History and jurisdiction in general. 64 C. 432. Cannot issue mandamus. 80 C. 326. On reversal of judgment in jury case, cannot direct judgment to be entered for appellant. 81 C. 578. Power to direct trial court to certify evidence. 82 C. 132; 88 C. 211; To compel trial judge to state grounds of action on demurrer. 69 C. 485. As to power of court, sitting in one district, to pass order as to appeal pending in another. 70 C. 500. Want of jurisdiction in lower court will not prevent court considering appeal. 68 C. 561. Will not review conclusions of fact; 67 C. 349; 73 C. 410; 75 C. 140; 75 C. 302; 77 C. 666; 79 C. 709; 81 C. 84; 82 C. 254; act requiring retrial of facts is unconstitutional. 67 C. 505; 102 C. 541. Errors as to questions of fact will be considered only to complete record to present questions of law. 65 C. 79; 67 C. 466. It is improper to seek to get court to review facts. 75 C. 302; 77 C. 368. But it is error to find a material fact without evidence. 73 C. 692; 82 C. 5; 84 C. 93; 84 C. 121; 109 C. 348. Or to fail to find fact that is uncontradicted; but failure of direct evidence to contradict is not sufficient. 72 C. 225; 74 C. 468; 76 C. 323; Id., 593; 102 C. 539; 108 C. 23. If subordinate facts fail legally or logically to support ultimate fact found, court may review decision; otherwise not. 83 C. 388; Id., 628; 84 C. 70; 85 C. 225; 84 C. 632; 88 C. 163; 107 C. 420, 422; 109 C. 494. Question is, did court commit error of law as to facts found. 80 C. 596. Court cannot review conclusion based on weight of evidence or credibility of witnesses. 79 C. 99; 84 C. 67. See notes to Conn. Const., Art. 2; Art. 5, Sec. 1. Cited. 185 C. 495. Cited. 192 C. 704. Cited. 194 C. 245. Cited. 199 C. 417. Cited. 202 C. 252. Cited. 219 C. 384. Cited. 223 C. 41. Cited. 224 C. 749. Cited. 225 C. 102. Cited. 227 C. 301. Cited. 228 C. 630. Cited. 230 C. 183. Cited. 235 C. 206. Trial court order precluding parties from filing any further motions regarding custody or visitation constitutes an appealable final judgment. 243 C. 380.

      Cited. 1 CA 5; Id., 7; Id., 9; Id., 10; Id., 11; Id., 14; Id., 17; Id., 20; Id., 30; Id., 38; Id., 40; Id., 48; Id., 54; Id., 58; Id., 72; Id., 78; Id., 84; Id., 90; Id., 93; Id., 96; Id., 99; Id., 109; Id., 119; Id., 120; Id., 123; Id., 138; Id., 150; Id., 154; Id., 158; Id., 160; Id., 162; Id., 165; Id., 169; Id., 172; Id., 176; Id., 184; Id., 188; Id., 195; Id., 207; Id., 219; Id., 224; Id., 226; Id., 228; Id., 239; Id., 249; Id., 253; Id., 256; Id., 260; Id., 264; Id., 275; Id., 282; Id., 291; Id., 298; Id., 303; Id., 310; Id., 315; Id., 329; Id., 337; Id., 341; Id., 344; Id., 349; Id., 351; Id., 356; Id., 366; Id., 368; Id., 371; Id., 397; Id., 400; Id., 409; Id., 417; Id., 421; Id., 422; Id., 433; Id., 454; Id., 463; Id., 481; Id., 489; Id., 496; Id., 501; Id., 505; Id., 529; Id., 535; Id., 550; Id., 566; Id., 576; Id., 578; Id., 584; Id., 595; Id., 604; Id., 609; Id., 621. Cited. 2 CA 4; Id., 17; Id., 24; Id., 27; Id., 36; Id., 43; Id., 49; Id., 54; Id., 58; Id., 68; Id., 87; Id., 89; Id., 98; Id., 103; Id., 110; Id., 114; Id., 119; Id., 127; Id., 132; Id., 141; Id., 152; Id., 160; Id., 165; Id., 167; Id., 174; Id., 179; Id., 213; Id., 225; Id., 239; Id., 246; Id., 261; Id., 264; Id., 266; Id., 270; Id., 275; Id., 278; Id., 279; Id., 282; Id., 290; Id., 294; Id., 302; Id., 303; Id., 308; Id., 315; Id., 322; Id., 333; Id., 342; Id., 345; Id., 346; Id., 348; Id., 351; Id., 355; Id., 374; Id., 377; Id., 380; Id., 400; Id., 413; Id., 416; Id., 430; Id., 438; Id., 439; Id., 448; Id., 449; Id., 456; Id., 460; Id., 465; Id., 468; Id., 472; Id., 485; Id., 489; Id., 494; Id., 515; Id., 523; Id., 530; Id., 537; Id., 543; Id., 551; Id., 573; Id., 579; Id., 590; Id., 600; Id., 605; Id., 622; Id., 635; Id., 650; Id., 660; Id., 663; Id., 680; Id., 683; Id., 686; Id., 688; Id., 692; Id., 696; Id., 697; Id., 701; Id., 712; Id., 715; Id., 729. Cited. 3 CA 1; Id., 10; Id., 25; Id., 34; Id., 40; Id., 74; Id., 106; Id., 111; Id., 137; Id., 148; Id., 172; Id., 214; Id., 222; Id., 230; Id., 249; Id., 250; Id., 268; Id., 277; Id., 284; Id., 289; Id., 310; Id., 317; Id., 322; Id., 339; Id., 346; Id., 353; Id., 359; Id., 403; Id., 459; Id., 510; Id., 522; Id., 590; Id., 644; Id., 650. Cited. 4 CA 58; Id., 514; Id., 519; Id., 541; Id., 575; Id., 611; Id., 672. Cited. 5 CA 29; Id., 288; Id., 488. Cited. 7 CA 217. Cited. 38 CA 546.

      Subsec. (a):

      Cited. 230 C. 335.

      Subsec. (b):

      Subdiv. (3) cited. 214 C. 146; 216 C. 282; Id., 699; 217 C. 243; 218 C. 349. Cited. Id., 714. Subdiv. (3) cited. Id., 766; 219 C. 93; Id., 605; 220 C. 345; Id., 796. Cited. 221 C. 315. Subdiv. (2) cited. Id., 331. Cited. Id., 430. Subdiv. (3) cited. Id., 643; 222 C. 506; Id., 556; 223 C. 127. Cited. Id., 207. Subdiv. (3) cited. Id., 273. Cited. Id., 535; Id., 635. Subdiv. (3) cited. Id., 674. Cited. 224 C. 63. Subdiv. (3) cited. Id., 168; Id., 325; Id., 372; Id., 397; Id., 445; 225 C. 55; Id., 114. Cited. Id., 270. Subdiv. (3) cited. Id., 347; Id., 450; Id., 519; Id., 609; 226 C. 237; Id., 618. Subdiv. (2) cited. Id., 757; Id., 773. Subdiv. (3) cited. 227 C. 1; Id., 101; Id., 153; Id., 207; Id., 231; Id., 417; Id., 448; Id., 456; Id., 677; Id., 711; Id., 751. Cited. 228 C. 62. Subdiv. (3) cited. Id., 118; Id., 281. Cited. Id., 412. Subdiv. (3) cited. Id., 582; 229 C. 125. Cited. Id., 328. Subdiv. (3) cited. Id., 557. Cited. Id., 664. Subdiv. (3) cited. 230 C. 43; Id., 351. Cited. 231 C. 43; Id., 115. Subdiv. (3) cited. Id., 235. Subdiv. (5) cited. Id., 602. Subdiv. (3) cited. 233 C. 1; Id., 106. Subdiv. (2) cited. Id., 437. Subdiv. (3) cited. Id., 813; 234 C. 381. Subdiv. (2) cited. Id., 455. Cited. Id., 683. Subdiv. (3) cited. 235 C. 145; Id., 274. Cited. Id., 595; Id., 671. Subdiv. (3) cited. Id., 748. Cited. Id., 802. Subdiv. (2) cited. Id., 865. Cited. 236 C. 31; Id., 112. Subdiv. (3) cited. Id., 189; Id., 388. Cited. Id., 514. Subdiv. (2) cited. Id., 781. Cited. 237 C. 284; Id., 390. Subdiv. (3) cited. Id., 518; 238 C. 253. Cited. Id., 313; Id., 389. Subdiv. (3) cited. Id., 588; 239 C. 427; Id., 481; 240 C. 210; 241 C. 1; Id., 322; Id., 665; Id., 702. Cited. 242 C. 93. Subdiv. (3) cited. Id., 318. Cited. Id., 445; Id., 505; Id., 605. Subdiv. (3) cited. Id., 666; 243 C. 205.

      Subdiv. (3) cited. 8 CA 177. Cited. 20 CA 470. Subdiv. (3) cited. 42 CA 348.

      Subsec. (c):

      Cited. 210 C. 597. Cited. 220 C. 61. Cited. 222 C. 216; Id., 374; Id., 380; Id., 699; Id., 730; Id., 784; Id., 793; Id., 799. Cited. 223 C. 1; Id., 22; Id., 31; Id., 68; Id., 80; Id., 152; Id., 155; Id., 243; Id., 336; Id., 354; Id., 376; Id., 384; Id., 419; Id., 436; Id., 573; Id., 595; Id., 777; Id., 786. Cited. 224 C. 6; Id., 8; Id., 23; Id., 29; Id., 44; Id., 82; Id., 96; Id., 106; Id., 110; Id., 124; Id., 133; Id., 145; Id., 152; Id., 210' Id., 219; Id., 231; Id., 263; Id., 313; Id., 382; Id., 426; Id., 483; Id., 524; Id., 543; 563; Id., 580; Id., 593; Id., 666; Id., 675; Id., 693; Id., 711; Id., 758; Id., 766; Id., 776; Id., 797; Id., 823. Cited. 225 C. 1; Id., 32; Id., 91; Id., 177; Id., 185; Id., 217; Id., 223; Id., 238; Id., 297; Id., 305; Id., 314; Id., 339; Id., 355; Id., 367; Id., 420; Id., 528; Id., 575; Id., 637; Id., 691; Id., 700; Id., 705; Id., 731; Id., 771. Cited. 226 C. 51; Id., 92; Id., 105; Id., 205; Id., 219; Id., 265; Id., 299; Id., 314; Id., 407; Id., 427; Id., 446; Id., 475; Id., 497; Id., 508; Id., 579; Id., 652; Id., 670; Id., 704; Id., 792; Id., 812; Id., 818. Cited. 227 C. 32; Id., 116; Id., 124; Id., 147; Id., 175; Id., 270; Id., 333; Id., 505; Id., 601; Id., 641; Id., 780; Id., 802; Id., 826; Id., 829; Id., 848. Cited. 228 C. 1; Id., 23; Id., 42; Id., 79; Id., 137; Id., 158; Id., 187; Id., 206; Id., 271; Id., 343; Id., 375; Id., 393; Id., 401; Id., 476; Id., 498; Id., 552; Id., 535; Id., 545; Id., 574; Id., 610; Id., 651; Id., 699; Id., 766; Id., 785. Cited. 229 C. 1; Id., 213; Id., 247; Id., 256; Id., 345; Id., 359; Id., 455; Id., 459; Id., 479; Id., 634; Id., 691; Id., 703; Id., 716; Id., 771; Id., 801; Id., 842. Cited. 230 C. 1; Id., 106; Id., 140; Id., 148; Id., 351; Id., 400; Id., 486; Id., 525; Id., 560; Id., 622; Id., 641; Id., 660; Id., 668; Id., 764; Id., 779; Id., 828. Cited. 231 C. 1; Id., 77; Id., 95; Id., 168; Id., 265; Id., 272; Id., 276; Id., 301; Id., 308; Id., 315; Id., 328; Id., 344; Id., 355; Id., 370; Id., 378; Id., 381; Id., 391; Id., 418; Id., 441; Id., 451; Id., 462; Id., 500; Id., 514; Id., 529; Id., 563; Id., 598; Id., 690; Id., 707; Id., 731; Id., 745; Id., 756. Cited. 232 C. 17; Id., 27; Id., 44; Id., 57; Id., 65; Id., 91; Id., 117; Id., 122; Id., 167; Id., 172; Id., 175; Id., 181; Id., 198; Id., 216; Id., 223; Id., 242; Id., 270; Id., 272; Id., 294; Id., 311; Id., 325; Id., 335; Id., 392; Id., 401; Id., 405; Id., 419; Id., 455; Id., 480; Id., 527; Id., 550; Id., 559; Id., 594; Id., 599; Id., 632; Id., 645; Id., 666; Id., 756. Cited. 233 C. 14; Id., 28; Id., 44; Id., 174; Id., 198; Id., 243; Id., 254; Id., 281; Id., 296; Id., 304; Id., 352; Id., 398; Id., 370; Id., 403; Id., 460; Id., 474; Id., 486; Id., 524; Id., 531; Id., 701; Id., 732. Cited. 234 C. 1; Id., 35; Id., 123; Id., 139; Id., 169; Id., 217; Id., 221; Id., 281; Id., 301; Id., 312; Id., 390; Id., 408; Id., 411; Id., 488; Id., 498; Id., 513; Id., 539; Id., 581; Id., 597; Id., 614; Id., 660; Id., 807; Id., 817. Cited. 235 C. 1; Id., 128; Id., 334; Id., 393; Id., 397; Id., 408; Id., 417; Id., 465; Id., 539; Id., 559; Id., 572; Id., 614; Id., 637; Id., 671; Id., 693; Id., 737; Id., 778; Id., 790; Id., 837; Id., 850. Cited. 236 C. 1; Id., 78; Id., 89; Id., 156; Id., 212; Id., 250; Id., 287; Id., 299; Id., 362; Id., 375; Id., 388; Id., 421; Id., 453; Id., 582; Id., 613; Id., 670; Id., 681; Id., 710; Id., 722; Id., 746; Id., 750; Id., 769; Id., 820; Id., 863. Cited. 237 C. 1; Id., 12; Id., 31; Id., 71; Id., 81; Id., 135; Id., 169; Id., 184; Id., 209; Id., 233; Id., 259; Id., 272; Id., 339; Id., 348; Id., 454; Id., 481; Id., 490; Id., 550; Id., 679. Cited. 238 C. 1; Id., 146; Id., 183; Id., 216; Id., 273; Id., 285; Id., 293; Id., 337; Id., 571; Id., 637; Id., 745; Id., 761; Id., 778; Id., 800; Id., 809; Id., 828; Id., 839. Cited. 239 C. 1; Id., 19; Id., 32; Id., 56; Id., 109; Id., 124; Id., 144; Id., 168; Id., 199; Id., 207; Id., 233; Id., 235; Id., 251; Id., 256; Id., 259; Id., 265; Id., 284; Id., 313; Id., 336; Id., 356; Id., 408; Id., 437; Id., 449; Id., 471; Id., 515; Id., 537; Id., 549; Id., 553; Id., 574; Id., 599; Id., 617; Id., 629; Id., 638; Id., 658; Id., 676; Id., 708; Id., 769; Id., 793; Id., 802. Cited. 240 C. 10; Id., 26; Id., 35; Id., 58; Id., 86; Id., 97; Id., 119; Id., 141; Id., 192; Id., 246; Id., 287; Id., 309; Id., 343; Id., 365; Id., 422; Id., 475; Id., 489; Id., 549; Id., 576; Id., 610; Id., 658; Id., 694; Id., 708; Id., 743; Id., 788; Id., 799. Cited. 241 C. 24; Id., 199; Id., 269; Id., 278; Id., 282; Id., 370; Id., 382; Id., 399; Id., 423; Id., 439; Id., 466; Id., 476; Id., 502; Id., 546; Id., 630; Id., 692; Id., 749; Id., 792. Cited. 242 C. 1; Id., 17; Id., 79; Id., 143; Id., 152; Id., 202; Id., 255; Id., 335; Id., 345; Id., 363; Id., 375; Id., 432; Id., 648; Id., 727; Id., 745. Cited. 243 C. 17; Id., 66; Id., 115; Id., 168; Id., 205. Supreme Court treated appeal from final judgment of trial court ordering new election as if it had been filed in Appellate Court and transferred it from that court pursuant to this Subsec. 250 C. 241.

      Cited. 8 CA 177; Id., 290. Cited. 45 CA 448. Cited. 46 CA 578; Id., 600; Id., 640; Id., 810.

      Sec. 51-199a. Short title: Uniform Certification of Questions of Law Act. Section 51-199a is repealed, effective June 3, 1999.

      (P.A. 85-111, S. 1-9; P.A. 99-107, S. 14, 15.)

      Sec. 51-199b. Uniform Certification of Questions of Law Act. (a) This section may be cited as the "Uniform Certification of Questions of Law Act".

      (b) As used in this section:

      (1) "State" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.

      (2) "Tribe" means a tribe of Native Americans which is recognized by federal law.

      (c) The Supreme Court, on the motion of a party to pending litigation or its own motion, may certify a question of law to the highest court of another state or of a tribe if:

      (1) The pending cause involves a question to be decided under the law of the other jurisdiction;

      (2) The answer to the question may be determinative of an issue in the pending cause; and

      (3) The question is one for which no answer is provided by a controlling appellate decision, constitutional provision or statute of the other jurisdiction.

      (d) The Supreme Court may answer a question of law certified to it by a court of the United States or by the highest court of another state or of a tribe, if the answer may be determinative of an issue in pending litigation in the certifying court and if there is no controlling appellate decision, constitutional provision or statute of this state.

      (e) The court certifying a question of law to the Supreme Court shall issue a certification order and forward it to the Supreme Court. Before responding to a certified question, the Supreme Court may require the certifying court to deliver all or part of its record to the Supreme Court.

      (f) A certification order must contain:

      (1) The question of law to be answered;

      (2) The facts relevant to the question, showing fully the nature of the controversy out of which the question arose;

      (3) That the receiving court may reformulate the question; and

      (4) The names and addresses of counsel of record and unrepresented parties.

      (g) If the parties cannot agree upon a statement of facts, then the certifying court shall determine the relevant facts and shall state them as a part of its certification order.

      (h) The Supreme Court, acting as the receiving court, shall notify the certifying court of acceptance or rejection of the question, and in accordance with notions of comity and fairness, it shall respond to an accepted certified question as soon as practicable.

      (i) After the Supreme Court has accepted a certified question, proceedings in the Supreme Court are governed by the rules or statutes governing briefs, arguments and other appellate procedures. Procedures for certification from this state to a receiving court are those provided in the rules and statutes of the receiving forum.

      (j) The Supreme Court shall state in a written opinion the law answering the certified question and send a copy of the opinion to the certifying court, counsel of record and parties appearing without counsel.

      (k) The Supreme Court may reformulate a question certified to it.

      (l) Fees and costs are the same as in civil appeals docketed before the Supreme Court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.

      (m) If any provision of this section or its application to any person, court or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application and to this end the provisions of this section are severable.

      (n) This section shall be construed to effectuate its general purpose to make uniform the law of those jurisdictions that enact it.

      (P.A. 99-107, S. 1-13, 15.)

      History: P.A. 99-107 effective June 3, 1999.

      Section does not provide Connecticut Supreme Court with the ability to review federal questions that are being litigated in the appropriate federal fora, even where claim involves free speech rights that may be coextensive under state and federal constitutions. 254 C. 799.

      Sec. 51-200. Terms, when and where held. Terms of the Supreme Court shall be held at Hartford on the first Tuesday of each month except July, August and September. Each term shall continue until the business ready for disposition at its beginning is disposed of. Special terms may be held at any other time or place as fixed by rule of the judges or on call of the Chief Justice.

      (1949 Rev., S. 7675.)

      Sec. 51-201. Chief clerk of the Supreme Court. The justices of the Supreme Court shall appoint a chief clerk of the Supreme Court who shall not be a chief clerk of any judicial district. The chief clerk of the Supreme Court shall also be the chief clerk of the Appellate Court.

      (1949 Rev., S. 7684; P.A. 82-248, S. 103; June Sp. Sess. P.A. 83-29, S. 65, 82.)

      History: P.A. 82-248 substituted "judicial district" for "county"; June Sp. Sess. P.A. 83-29 rewrote section, providing for appointment of a chief clerk of the supreme court by justices of the supreme court and providing that such chief clerk shall also be the chief clerk of the appellate court.

      Who are such clerks; duties. 70 C. 337. See note to Sec. 51-51v.

      Sec. 51-202. Court docket. The chief clerk of the Supreme Court shall keep the docket of the Supreme Court. The chief clerk of the Appellate Court shall keep the docket of the Appellate Court.

      (1949 Rev., S. 7676; P.A. 78-280, S. 86, 127; P.A. 81-472, S. 150, 159; P.A. 82-248, S. 104; June Sp. Sess. P.A. 83-29, S. 66, 82.)

      History: P.A. 78-280 substituted "judicial districts" for "counties" generally and "judicial district of Hartford-New Britain" for "Hartford county" specifically, adding judicial districts of Ansonia-Milford, Waterbury and Danbury; P.A. 81-472 made technical changes; P.A. 82-248 rephrased section but made no substantive change; June Sp. Sess. P.A. 83-29 deleted former provisions re clerk of the supreme court and court docket and added new provisions requiring chief clerk of the supreme court to keep docket of the supreme court and the appellate court.

      Sec. 51-203. Assignments. (a) Assignment of cases for hearing by the Supreme Court shall be made by the chief clerk of the Supreme Court at the Supreme Court room in Hartford, under the direction of the Chief Justice or an associate judge designated by the Chief Justice, on or before the Thursday preceding the beginning of each term, the day and hour to be fixed by rule of court.

      (b) Assignments of cases for hearing by the Appellate Court shall be made by the chief clerk of the Appellate Court, under the direction of the Chief Judge or an Appellate Court judge designated by the Chief Judge, the day and hour to be fixed by rule of court.

      (c) Assignments shall ordinarily be made in the order in which cases stand upon the docket of cases ready to be heard; but counsel may, by personal appearance at the time set for making assignments or by communication before that time with the clerk, present any stipulation that has been made or any reason why the regular order should be departed from. Assignments shall be made, so far as reasonably possible, in accordance with any such stipulation or in a way which suits the convenience of counsel.

      (1949 Rev., S. 7677; P.A. 78-280, S. 6, 127; P.A. 82-248, S. 105; June Sp. Sess. P.A. 83-29, S. 67, 82; P.A. 87-198, S. 5, 6.)

      History: P.A. 78-280 substituted "judicial district of Hartford-New Britain" for "Hartford county"; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs., but made no substantive change; June Sp. Sess. P.A. 83-29 added reference to clerk of supreme court for the judicial district of Hartford-New Britain to chief clerk of the supreme court, added provision re assignment of cases for hearing by appellate court in Subsec. (b) and added "of cases ready to be heard" in Subsec. (c); P.A. 87-198 substituted "chief judge" for "chief presiding judge".

      Power of court under former statute to pass order in one district concerning appeal pending in another. 70 C. 500.

      Sec. 51-204. Quorum; judges called in. (a) Any three judges of the Supreme Court shall constitute a quorum.

      (b) If more than two judges of the Supreme Court are disqualified or disabled or decline to act in any matter before the court, the remaining judges may call to their assistance sufficient judges of the Superior Court to constitute a quorum. Those judges of the Superior Court shall sit with the remaining judges of the Supreme Court as the court to hear and decide the matter.

      (c) If all the judges of the Supreme Court are disqualified or disabled or decline to hear an action pending before the court, the action may be heard and decided by any three judges of the Superior Court, who shall be designated by the Chief Justice or presiding judge of the Supreme Court and shall constitute the court for the hearing of the action. The Chief Justice or presiding judge shall order the time for the convening of the Superior Court judges; and the clerk of the court before which the action is pending shall notify the judges thereof.

      (d) A judge shall not sit to review a decision which he has made below.

      (1949 Rev., S. 7678; P.A. 82-248, S. 106.)

      History: P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs.

      Sec. 51-205. Judges released from judicial duties on Superior Court, exception. The judges of the Supreme Court shall be released from sitting on the Superior Court, except that the Chief Justice may assign any such judge to sit on the Superior Court whenever in his judgment the public business may require it.

      (1949 Rev., S. 7679; 1967, P.A. 656, S. 35; P.A. 78-280, S. 87, 127; P.A. 82-248, S. 107.)

      History: 1967 act deleted provision re release from doing circuit duty; P.A. 78-280 referred to judges' sitting on superior court rather than to their holding terms or sessions of court, reflecting fact that court now sits continuously; P.A. 82-248 reworded section but made no substantive change.

      Sec. 51-206. Adjournment in absence of judges. An adjournment of any term or session of the Supreme Court may be made, at any time when no judge of the court is present, by judicial marshals, upon a written order from the Chief Justice of said court or, in the Chief Justice's absence or inability to act, from the senior associate judge of said court, directing such adjournment and the time to which it shall be made; but, when any judge or judges of said court are present, such judge or judges may make such adjournment; provided any adjournment made upon such written order or by any judge or judges less than a quorum shall not be made to a time beyond one month from the day of adjournment.

      (1949 Rev., S. 7680; P.A. 00-99, S. 106, 154; P.A. 01-195, S. 54, 181.)

      History: P.A. 00-99 replaced reference to sheriff of Hartford County or his deputy with judicial marshals, effective December 1, 2000; P.A. 01-195 made a technical change for purposes of gender neutrality, effective July 11, 2001.

      Sec. 51-207. Parties entitled to be heard by a full court. Summoning of court members or other judges to constitute a full court. (a) Each party in any case before the Supreme Court has a right to be heard by a full court. A full court shall consist of five associate judges or the Chief Justice and four associate judges or, upon order of the Chief Justice, six associate judges or the Chief Justice and five or six associate judges.

      (b) If any judge is absent and such right is claimed or if any judge is disqualified and the absence or disqualification is not waived or if the business before the court requires it, the Chief Justice or, in the case of his or her absence or disqualification, the most senior associate judge present and qualified may summon the sixth or seventh member, or both, of the Supreme Court to constitute a full court. If a full court cannot be constituted from the seven members of the Supreme Court due to the absence or disqualification of one or more members, the Chief Justice or, in the case of his or her absence or disqualification, the most senior associate judge present and qualified may summon one or more judges of the Superior Court, including senior judges of the Supreme Court and judges and senior judges of the Appellate Court, to constitute a full court, who shall attend and act as judges of the Supreme Court for the time being.

      (c) Subject to the discharge of his or her duties as Chief Court Administrator, if he or she is also an associate judge of the Supreme Court, the Chief Court Administrator may be summoned to constitute a full court at the discretion of the Chief Justice, or, in case of the absence or disqualification of the Chief Justice, the most senior associate judge present and qualified.

      (1949 Rev., S. 7681; February, 1965, P.A. 252; 331, S. 27; P.A. 76-436, S. 10a, 108, 681; P.A. 82-248, S. 108; P.A. 87-508, S. 4, 10; 87-589, S. 42, 87; P.A. 06-152, S. 12.)

      History: 1965 acts specified that full court consist of five judges, added reference to sixth member and to summoning extra judge "if business before court requires it" and added provision re powers of chief justice or senior judge to summon chief court administrator to constitute a full court; P.A. 76-436 specified that summoning of chief court administrator to constitute full court depends on whether he is an associate judge of the supreme court, effective July 1, 1978; P.A. 82-248 made technical revision, rewording some provisions and dividing section into Subsecs., but made no substantive change; P.A. 87-508 added provision permitting full court to consist of six associate justices or the chief justice and five or six associate judges, upon order of the chief justice and added "or seventh" member "or both"; P.A. 87-589 made technical changes in Subsec. (b); P.A. 06-152 amended Subsec. (b) by replacing "senior judge" with "most senior associate judge", deleting "or one or more of the judges of the Superior Court", adding provision re summoning judges when full court cannot be constituted from seven members of Supreme Court and making a technical change, and amended Subsec. (c) by replacing "senior judge" with "most senior associate judge" and making technical changes, effective June 6, 2006.

      Cited. 184 C. 21.

      Subsec. (b):

      Cited. 230 C. 183.

      Sec. 51-208. Judgment by agreement of parties. When the parties in any action pending before the Supreme Court, or their attorneys, sign and file with the clerk an agreement as to the judgment which shall be rendered therein, the clerk may enter judgment in the action upon the written order of the Chief Justice or presiding judge of the Supreme Court.

      (1949 Rev., S. 7682; P.A. 82-248, S. 109.)

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

      Sec. 51-209. Majority of judges to concur in decisions. No ruling, judgment or decree of any court may be reversed, affirmed, sustained, modified or in any other manner affected by the Supreme Court or the Appellate Court unless a majority of the judges hearing the cause concur in the decision. No cause reserved, where no verdict has been rendered, judgment given or decree passed, shall be determined unless a majority of the judges hearing the cause concur in the decision. When a case is argued before an even number of judges and court is evenly divided as to the result, a reargument before a full panel shall be ordered.

      (1949 Rev., S. 7683; P.A. 82-248, S. 110; June Sp. Sess. P.A. 83-29, S. 68, 82.)

      History: P.A. 82-248 substituted "may" for "shall"; June Sp. Sess. P.A. 83-29 added reference to appellate court, added "affirmed, sustained, modified or in any manner affected", deleted language re equal division of judges and casting vote of the chief justice, and added language requiring a majority of judges to concur in decision and reargument before full panel when case argued before even number of judges and court is evenly divided as result.

      See Sec. 51-183e re authority of presiding judge or arbitrator to cast tie-breaking vote.

      Sec. 51-210. Costs of preparation and transmission of records in appealed cases. Any expense necessarily incurred by the clerk of the Superior Court in preparing copies of the files and records for transmittal to the Supreme Court or Appellate Court in any case appealed or on a writ of error from the Superior Court to the Supreme Court shall, when approved by the court, be taxed and paid in the same manner as other court expenses. The judges of the Supreme Court or the Appellate Court, as the case may be, may provide by rule that files and records in appeals or on writs of error be typewritten in appropriate cases.

      (1949 Rev., S. 7685; P.A. 76-436, S. 109, 681; P.A. 77-452, S. 16, 72; P.A. 78-280, S. 88, 127; June Sp. Sess. P.A. 83-29, S. 40, 82.)

      History: P.A. 76-436 applied provisions specifically to superior court where previously applicable to any court and added provision re typewritten files and records, effective July 1, 1978; P.A. 77-452 added general reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted detailed provisions re transmission of copies of files and records from judgments rendered in specified counties, retaining general statements re expenses of preparing copies and typewritten files and records; June Sp. Sess. P.A. 83-29 included reference to appellate court.

      Necessity of having all exhibits as well as all testimony printed in record where appeal is from directed verdict; effect of stipulation of counsel that exhibits need not be printed. 100 C. 277.

      Sec. 51-211. Notice of decisions. The chief clerk of the Supreme Court or of the Appellate Court shall transmit a notice of the decision upon a motion or of an order to the clerk of the court from which the action proceeded and give notice to all counsel of record.

      (1949 Rev., S. 7686; P.A. 78-280, S. 2, 127; P.A. 82-248, S. 111; June Sp. Sess. P.A. 83-29, S. 69, 82.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-248 reworded section but made no substantive change; June Sp. Sess. P.A. 83-29 rewrote section, deleting former provisions re clerk of the supreme court for each judicial district, and added provision requiring chief clerk of the supreme court or appellate court to transmit notice of decision upon a motion or order to clerk of court from which action proceeded and give notice to all counsel of record.