CHAPTER 901*
DAMAGES, COSTS AND FEES

      Sec. 52-236. Actions on contract; evidence of damages since suit. In any action founded on contract, for the recovery of damages, the plaintiff may offer evidence of any damages that may have accrued from the same cause of action subsequent to the bringing of the action, provided he shall have given reasonable notice to the defendant of the damages which he intends to prove, and may recover judgment for the full amount of damages he may prove that he has sustained. The plaintiff, upon giving such notice, may, by leave of the court, increase the statement of amount in demand in the writ subject to the provisions of sections 52-91 and 52-259.

      (1949 Rev., S. 7982; P.A. 82-160, S. 219.)

      History: P.A. 82-160 rephrased the section and deleted a provision which prohibited the plaintiff from increasing his demand by an amount which would carry it beyond the jurisdiction of the court and replaced it with a provision making an increase in the amount in demand "subject to the provisions of section 52-91 and section 52-259".

      Applies to damage set up under a counterclaim. 64 C. 563. Has no application to a cause of action nonexistent when the suit was begun. 71 C. 425. Applied to action for breach of covenant in deed by lease not expiring until after action brought. 87 C. 169. Cited. 225 C. 804.

      Cited. 7 CS 247. Action for damages for breach of lease not within scope of a "debt or liquidated demand in money"; authorities reviewed. 17 CS 35. Cited. 37 CS 840.

      Cited. 4 Conn. Cir. Ct. 284.

      Sec. 52-237. Damages in actions for libel. In any action for a libel, the defendant may give proof of intention; and unless the plaintiff proves either malice in fact or that the defendant, after having been requested by the plaintiff in writing to retract the libelous charge, in as public a manner as that in which it was made, failed to do so within a reasonable time, the plaintiff shall recover nothing but such actual damage as the plaintiff may have specially alleged and proved.

      (1949 Rev., S. 7983; P.A. 03-19, S. 118.)

      History: P.A. 03-19 made technical changes, effective May 12, 2003.

      "Malice in fact" defined. 27 C. 27, 28; 106 C. 132. Publishing a false charge of crime against another, in a newspaper, proves such malice. 30 C. 419. Evidence of special damage. 27 C. 26; 30 C. 419. "Malice in fact" is not malignity or personal ill will, but an improper and unjustifiable motive. 57 C. 73; 85 C. 24; 88 C. 251. What evidence admissible as a justification under "proof of intention". 57 C. 92. Circumstances held to justify a finding of "malice in fact". 60 C. 491. Existence of malice in fact is for the trial court. Id., 493; 87 C. 222. Proof of malice considered in reference to the claim of a privileged communication. 66 C. 175; 67 C. 510; 81 C. 293; 85 C. 24; 87 C. 220; 91 C. 430; 106 C. 132. Rule of damages where no special damages proved. 85 C. 23; 79 C. 523; 107 C. 123. Repetition of words as evidence of actual malice. 86 C. 261. Exemplary damages proper when. 72 C. 731. Privilege. 64 C. 223; 72 C. 335; 78 C. 365; 88 C. 247. Defendant may testify to motive or feeling prompting his conduct. 91 C. 432. Words libelous per se; presumption of malice and damages; compensatory and punitive damages where actual malice shown; 92 C. 236; 107 C. 123; effect of privileged occasion as to malice; actual malice question of fact. 92 C. 331. Cited. 97 C. 38; 106 C. 129. Libel per se against attorney. Id., 131. Words slanderous per se will support substantial recovery without proof of special damage. 107 C. 123. A charge of a person having committed a crime is libelous per se, from which the law presumes damage without special proof. 113 C. 580. When a libel is expressed in clear and unambiguous terms, the question whether it is libelous per se is one of law for the court. 136 C. 557. No basis for appeal where plaintiff failed to make clear objections to charge by court below concerning effect of statute. 157 C. 507. Cited. 162 C. 388.

      Cited. 11 CA 584. Cited. 25 CA 16.

      If special damages are not alleged, malice in fact must be proved. 15 CS 448. A libel is actionable per se if it charges improper conduct or lack of skill or integrity in one's profession or business and is of such a nature that it is calculated to cause injury to one in his profession or business. 22 CS 248. The essential elements of a qualifiedly privileged communication are good faith, an interest to be upheld, a statement limited in its scope to that purpose, a proper occasion, and publication in a proper manner to proper parties. Id. Cited. 33 CS 4.

      Sec. 52-238. Damages in actions on penal bonds. (a) In any action on a penal bond, containing any condition which has been broken, such damages only shall be assessed as are equitably due, and judgment shall not be rendered for the whole penalty, unless it appears to be due.

      (b) If, upon a bond with conditions the breach of which may happen at different times, an action is brought upon the first breach, the court, upon finding a forfeiture of the bond, shall render judgment for what is due in equity at the time, with costs, and award execution. Upon any further or other breach of condition, the obligee, his executors or administrators may take out a scire facias against the obligor, his executors or administrators, from the clerk of the court in which the judgment was given, to show cause why execution should not be awarded for the money then due, or damages then sustained. The court shall thereupon render judgment for what appears to be due in equity and grant execution thereon, and may so render judgment and grant execution, from time to time, until the condition is fully performed. The whole amount of the judgments shall not exceed the penalty of the bond with interest.

      (1949 Rev., S. 7984; P.A. 82-160, S. 222.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      A tender of the amount justly due on a bond, though less than its face, is good. 2 C. 662. No judgment can be rendered on any bond for more than the penalty, with interest. 4 D. 36. Interest on probate bond may run from time of demand. 38 C. 324. Statute does not apply to actions of replevin. 48 C. 140. A technical breach of bond resulting in no damage is not ground for a new trial. 60 C. 482. Cited. 71 C. 452. Right to chancer a bond exists only where liability is admitted. 72 C. 607. Applies to recognizance or bond made to release attachment. 74 C. 175. Scope of equities considered. Id., 338; 77 C. 70. Applies to obligations of surety. 78 C. 698. When recovery not limited to penalty. 81 C. 252. Same doctrine applied to penalty stated in injunction. 83 C. 427. Does not apply to criminal bond. Id., 686. Legal interest as measure of damages where impossible to ascertain profits made by improper use of trust funds. 120 C. 337. To be available in defense to suit on probate bond, credits for payments to creditors and legatees must have been authenticated by probate court through settlement of executor's account. 124 C. 111. Cited. 128 C. 322. Damages "equitably due" means "justly due". 148 C. 569. Cited. 177 C. 527.

      Cited. 19 CS 130. Recovery limited to amount of bond, with possible addition of interest. Id., 457.

      Sec. 52-239. When broadcasting stations, networks, CATV systems liable for defamation. The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, licensee or operator of such a station or network of stations, or the owner, licensee or operator of a community antenna television system, or the agents or employees of any such owner of a community antenna television system, shall not be liable for any damages for any defamatory statement uttered over the facilities of the station, network or community antenna television system by or on behalf of a candidate for public office or by any other person. This section shall not apply to any such owner, licensee, operator, agent or employee who wilfully, knowingly and with intent to defame participates in the broadcast of a defamatory statement.

      (1955, S. 3191d; P.A. 75-120; P.A. 82-160, S. 220.)

      History: P.A. 75-120 applied provisions to owners, licensees or operators of community antenna television systems and to their agents or employees; P.A. 82-160 rephrased the section.

      Sec. 52-240. Effect of damages on costs. (a) In any action founded on tort tried in the Superior Court, if the damages found do not exceed fifty dollars, the plaintiff shall recover no more costs than damages, subject to the provisions of this section.

      (b) If the title to property, or a right-of-way, or to the use of water, is in question, or if the damages were reduced so as not to exceed fifty dollars by reason of an act of the defendant pending the action, the plaintiff shall recover full costs.

      (c) Judgment for nominal damages upon a hearing after a default or a demurrer overruled shall entitle the party in whose favor damages are given to the full taxable costs of the action.

      (1949 Rev., S. 7985; 1959, P.A. 28, S. 117; 1963, P.A. 642, S. 53; P.A. 74-183, S. 89, 291; P.A. 76-436, S. 135, 681; P.A. 82-160, S. 127.)

      History: 1959 act substituted circuit court for municipal court; 1963 act deleted stipulation section apply only to tort actions not brought to courts on appeal; P.A. 74-183 removed actions tried in circuit court from purview of section, reflecting transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 76-436 removed actions tried in court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased provisions and added Subsec. indicators.

      See Sec. 47-41 re consideration of notice as disturbance of right.

      The title or right must be so brought in question that the record may show that it was decided. 18 C. 394; 1 R. 525; 52 C. 255; 54 C. 57, 58. If brought up under a plea and notice, it may be sufficient. 21 C. 80. Trespass qu. cl. fr. 21 C. 80; 25 C. 249. Case for diversion of water. 36 C. 151. Payment, pending suit. 19 C. 529; 39 C. 462. Return of property, pending suit. 1 R. 136. Retrospective law. 30 C. 326. "Default" and "demurrer overruled" have different meanings. 63 C. 266. Applied where count in tort beyond jurisdiction of court was added to count in tort and verdict was rendered for one dollar damages; 79 C. 305; and to action on statute for killing registered dog; 80 C. 435; or for bite of dog. 86 C. 710. Though charter of city gives its court same powers as justices of the peace, this section applies. 80 C. 437. Amendment of 1907 held to apply to pending case. 81 C. 216. Nominal damages. 119 C. 496. Cited. 218 C. 309.

      Tort defined. 7 CS 521.

      Sec. 52-240a. Award of attorney's fees in product liability action. If the court determines that the claim or defense is frivolous, the court may award reasonable attorney's fees to the prevailing party in a products liability action.

      (P.A. 79-483, S. 7.)

      Cited. 187 C. 363. Cited. 210 C. 189. Product liability act cited. Id. Cited. 239 C. 284. Cited. 240 C. 58. "Prevailing party" defined. Section permits attorneys' fees to be awarded following acceptance of an offer of judgment under Sec. 52-194. 258 C. 299.

      P.A. 79-483 (products liability law) cited. 16 CA 558.

      Cited. 39 CS 132.

      Sec. 52-240b. Punitive damages in product liability actions. Punitive damages may be awarded if the claimant proves that the harm suffered was the result of the product seller's reckless disregard for the safety of product users, consumers or others who were injured by the product. If the trier of fact determines that punitive damages should be awarded, the court shall determine the amount of such damages not to exceed an amount equal to twice the damages awarded to the plaintiff.

      (P.A. 79-483, S. 8.)

      Cited. 187 C. 363. Cited. 210 C. 189. Product liability act cited. Id. Cited. 212 C. 509. Cited. 221 C. 674. Cited. 241 C. 199. Cited. 243 C. 168.

      Cited. 8 CA 642. P.A. 79-483 (products liability law) cited. 16 CA 558. Cited. 43 CA 1.

      Legislative meaning attributed to words "claimant" and "harm", in Sec. 52-572m(c) and (d) are sufficiently broad to permit an award of punitive damages in connection with a product liability claim involving only damage to property. 39 CS 269. Cited. 42 CS 153.

      Secs. 52-241 and 52-242. Municipal courts; costs in contract actions. Costs on appeal from justice or municipal court. Sections 52-241 and 52-242 are repealed.

      (1949 Rev., S. 7986, 7987; 1949, S. 3189d; 1959, P.A. 28, S. 204.)

      Sec. 52-243. Costs when plaintiff is partly successful. If a verdict is found on any issue joined in an action in favor of the plaintiff, costs shall be allowed to him, though on some other issue the defendant should be entitled to judgment, unless the court which tried the issue is of the opinion that the defendant had probable cause to plead the matter found against him.

      (1949 Rev., S. 7988; P.A. 82-160, S. 118.)

      History: P.A. 82-160 replaced "the cause" with "an action" and rephrased the section.

      Practice act changed former method of pleading defenses. 67 C. 377. Cited. 71 C. 198. Cited. 192 C. 301.

      Sec. 52-244. When plaintiff not to recover costs. Costs shall not be recovered by the plaintiff in any case in which he has begun an action with counts in fraud only and afterwards amends his complaint by substituting or adding counts in contract. In such case the defendant shall recover his taxable costs, and the court may, in its discretion, tax double costs in favor of the defendant.

      (1949 Rev., S. 7989; P.A. 82-160, S. 119.)

      History: P.A. 82-160 rephrased the section.

      Cited. 63 C. 370.

      Sec. 52-245. False statement concerning defense. Costs. In any case in which an affidavit has been filed by the defendant, or a statement that he has a bona fide defense has been made to the court by his attorney, and the plaintiff recovers judgment, if the court is of the opinion that such affidavit was filed or statement made without just cause or for the purpose of delay, it may allow to the plaintiff, at its discretion, double costs, together with a reasonable counsel fee to be taxed by the court.

      (1949 Rev., S. 7990.)

      Cited. 186 C. 673.

      Cited. 4 CA 669.

      Award of double costs and counsel fee under this section is in trial court's discretion and its decision will not be disturbed on appeal. 5 Conn. Cir. Ct. 150.

      Sec. 52-246. Costs for service by indifferent person. Costs shall not be taxed, without the written consent of the defendant, for service by an indifferent person of process commencing a civil action, if the court before which it is returnable finds that no sufficient reason existed for the deputation of an indifferent person to serve the process.

      (1949 Rev., S. 7991; P.A. 82-160, S. 120.)

      History: P.A. 82-160 rephrased the section.

      Sec. 52-247. Officer's fees on foreign attachment when garnishee not cited in. In any action commenced by process of foreign attachment or garnishment in which any garnishee is not cited in to disclose, the court may tax and allow, or disallow, all or any part of the fees of the officer for service of the writ upon the garnishee. The fees, if disallowed by the court, shall be paid to the officer by the plaintiff.

      (1949 Rev., S. 7992; P.A. 82-160, S. 121.)

      History: P.A. 82-160 added "or garnishment" after "foreign attachment" and made minor technical changes.

      Sec. 52-248. Costs when there are more civil actions than necessary. When two or more civil actions are pending in the same court at the same time for the recovery of the same demand, or against two or more officers, upon receipts for executions arising from the same original judgment, the court shall not allow any costs in any such action, unless it is of the opinion that the commencement of all of the actions was necessary to secure the demand.

      (1949 Rev., S. 7993; P.A. 82-160, S. 122.)

      History: P.A. 82-160 replaced "suits" with "civil actions" or "actions", and "suit" with "action".

      Sec. 52-249. Costs and attorney's fees in actions for foreclosure and substitution of bond. (a) The plaintiff in any action of foreclosure of a mortgage or lien, upon obtaining judgment of foreclosure, when there has been a hearing as to the form of judgment or the limitation of time for redemption, shall be allowed the same costs, including a reasonable attorney's fee, as if there had been a hearing on an issue of fact. The same costs and fees shall be recoverable as part of the judgment in any action upon a bond which has been substituted for a mechanic's lien.

      (b) In any foreclosure judgment when a lis pendens had been recorded after a title search of real property, the court shall determine a reasonable fee to be paid for the search and tax it as part of the costs.

      (1949 Rev., S. 7994; 1969, P.A. 440; P.A. 82-160, S. 123; P.A. 84-282, S. 1; P.A. 99-153, S. 8.)

      History: 1969 act added Subsec. (b) re fees for title searches in foreclosure judgments; P.A. 82-160 replaced real "estate" with real "property"; P.A. 84-282 amended Subsec. (a) to include reasonable attorney's fees as allowable costs; P.A. 99-153 amended Subsec. (a) to allow recovery of costs and attorney's fees in cases where a bond has been substituted for a mechanic's lien.

      In foreclosure, costs thrown on defendant only if he seeks to redeem. 81 C. 442. Cited. 216 C. 85.

      Cited. 22 CA 468. According to statute, plaintiff must argue for attorney's fees during foreclosure action. Thus, whether plaintiff is entitled to attorney's fees under statute is a question of law for court to decide in the foreclosure action. Because it is a question of law, attorney trial referee cannot decide the issue. 70 CA 404.

      Plaintiff not entitled to counsel fees for protracted trial on plaintiff's claims for contract prices of two jobs and on defendant's counterclaims of offsets against contract price; there never was a hearing on form of the judgment or the time of redemption as required under statute. 49 CS 405.

      Subsec. (a):

      Cited. 19 CA 8. In action to foreclose mechanic's lien, plaintiff is not entitled to duplicate attorney's fees under this section and Sec. 42-150aa but rather may collect under Sec. 42-150aa for contract aspects of action and under this section for equitable relief. 86 CA 767.

      Sec. 52-250. Costs of application to dissolve injunction. The costs of an application to dissolve an injunction may be allowed and taxed by the court, according to its discretion, in making the final decree. In any action in which a motion for the dissolution of a temporary injunction is heard before any judge when the court is not in session, the judge shall be entitled to be paid a reasonable sum for his time and expenses by the party moving for the dissolution, which shall be taxed in the bill of costs in the same manner as other costs in actions for equitable relief.

      (1949 Rev., S. 7996; P.A. 82-160, S. 124; P.A. 83-587, S. 63, 96.)

      History: P.A. 82-160 rephrased the section; P.A. 83-587 made a technical amendment.

      Judgment for costs upon withdrawal is a "final decree". 62 C. 490. The taxation of costs allowable within the discretion of the court is not reviewable. Id.

      Sec. 52-251. Expenses and counsel fees in action to construe will or for advice concerning will or trust. In any action brought to a court of equitable jurisdiction for the construction of a will or for the advice of the court as to the administration of an estate or trust under a will or trust instrument, by any person acting in a fiduciary capacity thereunder, there shall be allowed to each of the parties to the proceeding such reasonable sum for expenses and counsel fees as the court, in its discretion, deems equitable. The allowance shall be taxed as costs in the action, to be paid out of the estate.

      (1949 Rev., S. 7997; 1955, S. 3190d; P.A. 82-160, S. 125.)

      History: P.A. 82-160 rephrased the section.

      Expenses of litigation not payable out of the estate, when. 50 C. 577. After settlement and distribution the executor cannot maintain a suit for a construction of the will. 60 C. 398. Suit can properly be brought only by an executor or trustee claiming under the will. 63 C. 309. Provision de expenses and counsel fees is merely declaratory of existing rules of chancery practice. 65 C. 175. Where decree of lower court in part affirmed, remanding case with directions to enter judgment, with provision for allowance and costs. Id., 183. The determination of the amount to be allowed for expenses and counsel fees is a judicial matter for the court; it cannot be left to the clerk or to the parties. 72 C. 32. Cited. Id., 328. Where suit involved only one-third of estate, costs were imposed on that third. Id., 494. Trial court, in giving judgment, cannot reserve right to make allowances in case of an appeal. 82 C. 195. Costs taxed against entire estate. 102 C. 508. Against entire residuary estate. 105 C. 756. Superior court has no power to allow counsel fees in contest over admission of will. 131 C. 224. No abuse of discretion in amount allowed by court as counsel fees. 137 C. 516. General estate liable for expenses and counsel fees. If action relates to particular property or fund, equitable principles apply. 141 C. 163. Appeals from decree of probate court not proceedings embraced within this statute. 153 C. 490, 500. Court may not retain jurisdiction by stating in its judgment that determination of expense and counsel fee allowance would take place later. 154 C. 352, 362. Expenses and counsel fees of parties not allowed where trustee sought advice as to transactions extraneous to trust instrument on which claims were based. 157 C. 315. Plea for advice as to distribution of trust renders trust estate subject to provisions of statute. 160 C. 250. Cited. 161 C. 312. Cited. 183 C. 85. Cited. 212 C. 678.

      Cited. 7 CS 235. In action by executor seeking determination of ownership of certain savings accounts, counsel fees cannot be awarded. 16 CS 391. Counsel fees in action for construction of will not chargeable against portion of will as to which there is no ambiguity. 17 CS 44. Cited. 42 CS 474.

      Sec. 52-251a. Costs, attorney's fees on small claims matter transferred to regular docket. Whenever the plaintiff prevails in a small claims matter which was transferred to the regular docket in the Superior Court on the motion of the defendant, the court may allow to the plaintiff his costs, together with reasonable attorney's fees to be taxed by the court.

      (P.A. 73-52; P.A. 74-183, S. 167, 291; P.A. 76-436, S. 146, 681.)

      History: P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978.

      Cited. 206 C. 542. Cited. 216 C. 85. Cited. 220 C. 162.

      Cited. 12 CA 353. Standard of review of award of attorney's fees discussed. 61 CA 60. Court did not abuse its discretion in determining that $3,500 covered reasonable attorney's fees in case where plaintiff's small claims action was for the payment of $2,500 in promised bonuses and plaintiff requested $20,874 in attorney's fees. Id. Section expressly limits recovery to reasonable fees, not the amount that was actually expended. Id. Pro se litigants are not entitled to attorney's fees. 79 CA 366. Trial court award of attorney's fees to plaintiff upheld in matter that originated in small claims session but was ultimately transferred to complex litigation docket. Purpose of statute is to deter defendants from transferring a case from small claims session and turning a relatively clear cut case into a pitched legal battle. 87 CA 687. Does not require that a party be more sophisticated than the opposing party or that a party prevail on every claim. 95 CA 652.

      Cited. 33 CS 609. Court abused its discretion by awarding "reasonable attorneys' fees" of $300 after finding at least fifty hours of preparation were required and that reasonable rate of compensation for legal services at that time was $40 per hour. 36 CS 619. Cited. 37 CS 574; Id., 873.

      Sec. 52-251b. Costs and attorney's fees in action for deprivation of civil rights. (a) In any civil action to recover damages for injury to the person or to real or personal property arising out of a violation of section 46a-58, the court may allow the prevailing party his costs, together with a reasonable attorney's fee to be taxed by the court.

      (b) The provisions of subsection (a) of this section shall not be deemed: (1) To create a new cause of action against any individual, the state or any municipality, or against any officer, official or employee of the state or any municipality; or (2) to confer any new jurisdiction upon the Superior Court in any action against any individual, the state or any municipality or any officer, official or employee thereof.

      (P.A. 84-36, S. 1, 2.)

      Cited. 204 C. 17. Cited. 216 C. 85.

      Sec. 52-251c. Limitation on attorney contingency fees in personal injury, wrongful death and property damage actions. Waiver of limitation by claimant. (a) In any claim or civil action to recover damages resulting from personal injury, wrongful death or damage to property occurring on or after October 1, 1987, the attorney and the claimant may provide by contract, which contract shall comply with all applicable provisions of the rules of professional conduct governing attorneys adopted by the judges of the Superior Court, that the fee for the attorney shall be paid contingent upon, and as a percentage of: (1) Damages awarded and received by the claimant; or (2) the settlement amount received pursuant to a settlement agreement.

      (b) In any such contingency fee agreement such fee shall be the exclusive method for payment of the attorney by the claimant and shall not exceed an amount equal to a percentage of the damages awarded and received by the claimant or of the settlement amount received by the claimant as follows: (1) Thirty-three and one-third per cent of the first three hundred thousand dollars; (2) twenty-five per cent of the next three hundred thousand dollars; (3) twenty per cent of the next three hundred thousand dollars; (4) fifteen per cent of the next three hundred thousand dollars; and (5) ten per cent of any amount which exceeds one million two hundred thousand dollars.

      (c) Notwithstanding the provisions of subsection (b) of this section, a claimant may waive the percentage limitations of said subsection if the claim or civil action is so substantially complex, unique or different from other wrongful death, personal injury or property damage claims or civil actions as to warrant a deviation from such percentage limitations. Factors that may indicate that a claim or civil action is substantially complex, unique or different from other wrongful death, personal injury or property damage claims or civil actions include, but are not limited to, if the claim or civil action (1) involves complex factual medical or legal issues, (2) involves serious permanent personal injury or death, (3) is likely to require extensive investigation and discovery proceedings, including multiple depositions, or (4) requires independent expert witness testimony. For the purposes of this subsection, "independent expert witness testimony" means testimony, whether at trial or in a deposition, from an expert who has not participated in the care of the claimant and has not participated in any official investigation of the incident involved.

      (d) Prior to a claimant entering into a contingency fee agreement that provides for a fee that exceeds the percentage limitations of subsection (b) of this section, the attorney shall (1) explain the percentage limitations of subsection (b) of this section to the claimant and the reasons the attorney is unable to abide by those limitations; (2) advise the claimant of the claimant's right to seek representation by another attorney willing to abide by the percentage limitations of subsection (b) of this section; and (3) allow the claimant a sufficient period of time to review the proposed contingency fee agreement and, if the claimant wishes, seek representation by another attorney prior to entering into such agreement.

      (e) No waiver of the percentage limitations of subsection (b) of this section shall be valid unless the contingency fee agreement (1) is in writing, (2) sets forth in full the fee schedule of subsection (b) of this section, (3) contains a conspicuous statement, printed in boldface type at least twelve points in size, in substantially the following form: "I UNDERSTAND THAT THE FEE SCHEDULE SET FORTH IN SECTION 52-251c OF THE CONNECTICUT GENERAL STATUTES LIMITS THE AMOUNT OF ATTORNEY'S FEES PAYABLE BY A CLAIMANT AND THAT THE STATUTE WAS INTENDED TO INCREASE THE PORTION OF THE JUDGMENT OR SETTLEMENT THAT WAS ACTUALLY RECEIVED BY A CLAIMANT. NOTWITHSTANDING THAT THE LEGISLATIVE INTENT IN ENACTING THAT FEE SCHEDULE WAS TO CONFER A BENEFIT ON A CLAIMANT LIKE MYSELF, I KNOWINGLY AND VOLUNTARILY WAIVE THAT FEE SCHEDULE IN THIS CLAIM OR CIVIL ACTION.", and (4) is signed and acknowledged by the claimant before a notary public or other person authorized to take acknowledgments.

      (f) If a claimant waives the percentage limitations of subsection (b) of this section pursuant to this section, in no event shall (1) the total fee under the contingency fee agreement exceed thirty-three and one-third per cent of the damages awarded and received by the claimant or of the settlement amount received by the claimant, and (2) the claimant be required to repay any costs that the attorney incurred in investigating and prosecuting the claim or civil action if there is no recovery.

      (g) No fee shall be payable to any attorney who seeks a fee that exceeds the percentage limitations of subsection (b) of this section unless the claimant has waived such limitations pursuant to this section and the contingency fee agreement complies with the requirements of subsection (e) of this section.

      (h) For the purposes of this section, "damages awarded and received" means in a civil action in which final judgment is entered, that amount of the judgment or amended judgment entered by the court that is received by the claimant; "settlement amount received" means in a claim or civil action in which no final judgment is entered, the amount received by the claimant pursuant to a settlement agreement; and "fee" shall not include disbursements or costs incurred in connection with the prosecution or settlement of the claim or civil action, other than ordinary office overhead and expense.

      (P.A. 86-338, S. 1; P.A. 87-227, S. 1; P.A. 91-380, S. 1; P.A. 04-257, S. 131; P.A. 05-275, S. 1.)

      History: P.A. 87-227 amended Subsec. (a) to change the applicability of the section from "In any claim or civil action accruing on or after October 1, 1986, seeking damages as compensation for personal injury or wrongful death" to "In any claim or civil action to recover damages resulting from personal injury, wrongful death or damage to property occurring on or after October 1, 1987", to require the contract to comply with applicable provisions of the rules of professional conduct and to replace "damages awarded pursuant to a determination by the trier of fact" with "damages awarded and received by the claimant" and "amounts pursuant to a settlement agreement" with "settlement amount pursuant to a settlement agreement", amended Subsec. (b) to replace "percentage of the award or settlement amount" with "percentage of the damages awarded and received by the claimant or of the settlement amount received by the claimant", and added Subsec. (c) to define "damages awarded and received", "settlement amount received" and "fee"; P.A. 91-380 amended Subsec. (c) by revising the definitions of "damages awarded and received" and "settlement amount received" to provide that the amount received by a claimant in a claim or civil action brought pursuant to Sec. 38a-368 shall be reduced by any basic reparations benefits paid to the claimant pursuant to Sec. 38a-365; P.A. 04-257 attempted to make changes to provisions added by vetoed P.A. 04-155 and therefore such changes were void and not given effect, and added Subsec. (d) defining "medical malpractice claim or civil action" and "health care provider", effective June 14, 2004; P.A. 05-275 amended Subsec. (a)(2) to replace "settlement amount" with "the settlement amount received", amended Subsec. (b) to replace "arrangement" with "agreement", added new Subsec. (c) authorizing a claimant to waive the percentage limitations of Subsec. (b) if the claim or civil action is so substantially complex, unique or different from other wrongful death, personal injury or property damage claims or civil actions as to warrant a deviation from such percentage limitations and specifying factors that may indicate such complexity, uniqueness or difference, added new Subsec. (d) specifying the responsibilities of an attorney before a claimant enters into a contingency fee agreement that provides for a fee that exceeds the percentage limitations of Subsec. (b), added new Subsec. (e) specifying the requirements that a contingency fee agreement must comply with in order for a waiver of such percentage limitations to be valid, added new Subsec. (f) providing that if the claimant waives such percentage limitations the amount of the total fee is limited to thirty-three and one-third per cent and the claimant is not required to repay any costs incurred by the attorney if there is no recovery, added new Subsec. (g) prohibiting payment of a fee to an attorney who seeks a fee that exceeds such percentage limitations unless the claimant has waived such limitations and the agreement complies with Subsec. (e), redesignated existing Subsec. (c) as Subsec. (h) and amended said Subsec. to delete from definitions of "damages awarded and received" and "settlement amount received" provision that in a claim or civil action brought pursuant to Sec. 38a-368 such amount shall be reduced by any basic reparations benefits paid to the claimant pursuant to Sec. 38a-365 and deleted former Subsec. (d) defining "medical malpractice claim or civil action" and "health care provider", effective July 13, 2005, and applicable to causes of action accruing on or after that date.

      P.A. 86-338 cited. 214 C. 1. Cited. 223 C. 786; Id., 484; Id., 786. Cited. 231 C. 77. Cited. 235 C. 107. Plaintiff's failure to comply with section does not preclude him from recovering under doctrines of quantum meruit or unjust enrichment, regardless of whether bad faith by the successor attorney or client's waiver of section has been established. 255 C. 390.

      Cited. 28 CA 693. Cited. 43 CA 184. Cited. 45 CA 237. Section intended to regulate the attorney-client relationship in order to protect plaintiffs from excessive legal fees, and defendant insurer may assert section as a special defense in action by an attorney for interference with a contractual relation. 48 CA 699.

      Benefits of section can be waived. 42 CS 526.

      Sec. 52-251d. Attorney's fees in action to establish paternity or establish, modify or enforce child support orders in TANF cases. (a) In any civil action to establish paternity or to establish, modify or enforce child support orders in TANF cases pursuant to sections 17b-745, 46b-86, 46b-160, 46b-171, 46b-172, 46b-215 and 46b-231, the court may allow the state, when it is the prevailing party, a reasonable attorney's fee.

      (b) The provisions of subsection (a) of this section shall not be deemed: (1) To create a new cause of action against any individual; or (2) to confer any new jurisdiction upon the Superior Court in any action against any individual.

      (P.A. 92-253, S. 9; June 18 Sp. Sess. P.A. 97-1, S. 70, 75; June 18 Sp. Sess. P.A. 97-2, S. 109, 165; June 18 Sp. Sess. P.A. 97-7, S. 27, 38.)

      History: June 18 Sp. Sess. P.A. 97-1 deleted reference to Sec. 46b-180 in Subsec. (a) and made a technical change in Subsec. (b), effective January 1, 1998; June 18 Sp. Sess. P.A. 97-2 replaced reference to "AFDC" with "TANF" in Subsec. (a), effective July 1, 1997; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (a) by replacing reference to Sec. 17b-748 with Sec. 17b-745, effective July 1, 1997.

      Sec. 52-252. Costs for nonappearance of party giving notice of deposition. When a notice is given to an adverse party or his known agent or attorney, or left at his usual place of abode, that a deposition will be taken at a certain time and place, and the adverse party, or his agent or attorney, appears at such time and place for that purpose and the party giving notice does not appear or for any reason does not take the deposition at such time and place, costs shall be allowed to the adverse party at the discretion of the court before which the action is pending.

      (1949 Rev., S. 7998; P.A. 82-160, S. 126.)

      History: P.A. 82-160 replaced "such" with "the" where appearing.

      Decree of probate court not an "action" within meaning of statute. 271 C. 531.

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

      (1949 Rev., S. 7999.)

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

      (1949 Rev., S. 8000.)

      Sec. 52-255. Costs on motion to expunge. Section 52-255 is repealed.

      (1949 Rev., S. 8001; P.A. 82-160, S. 259.)

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

      Sec. 52-256a. (Formerly Sec. 46-27). Award of attorney's and officer's fees in contempt action. Section 52-256a is repealed.

      (1957, P.A. 23; 1959, P.A. 159; P.A. 73-373, S. 43.)

      See Sec. 46b-87 re contempt of orders concerning child custody and support.

      Sec. 52-256b. Award of attorney's and officer's fees in contempt action. (a) When any person is found in contempt of any order or judgment of the Superior Court, the court may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.

      (b) This section shall not apply to the case of any person found in contempt of an order of the Superior Court entered under sections 46b-60 to 46b-62, inclusive, 46b-81 to 46b-83, inclusive, or 46b-86, which is provided for under section 46b-87.

      (P.A. 76-435, S. 7, 82; P.A. 77-452, S. 27, 72; P.A. 82-160, S. 128.)

      History: P.A. 77-452 removed reference to orders or judgments of court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 inserted Subsec. indicators and made minor technical changes.

      Cited. 11 CA 610. Cited. 18 CA 119. Cited. 22 CA 136. Cited. 26 CA 326.

      Sec. 52-257. Fees of parties in civil actions. (a) The fees of parties in civil actions in which the matter in demand is not less than fifteen thousand dollars shall be: For each complaint, exclusive of signing and bond, five dollars for the first page and, for each succeeding page, two dollars; for each judgment file, two dollars for the first page and, for each additional page, one dollar and fifty cents. The prevailing party in any such civil action shall receive, by way of indemnity, the following sums: (1) For all proceedings before trial, fifty dollars; (2) for the trial of an issue of law or fact, seventy-five dollars, but if more than one issue of fact is tried at one time, only one trial fee shall be allowed; and (3) in difficult or extraordinary cases in the Superior Court, where a defense has been interposed, a further allowance, in the discretion of the court, not to exceed two hundred dollars.

      (b) Parties shall also receive: (1) For each witness attending court, the witness' legal fee and mileage; (2) for each deposition taken out of the state, forty dollars, and for each deposition within the state, thirty dollars; (3) on an application for the sale of property attached, the expenses incurred; (4) in any civil action affecting the title to real property situated in this state, or affecting any mortgage or lien thereon, the actual expense, not exceeding the sum of two hundred twenty-five dollars, of an examination of the land records concerning the title to the real property in question and such amount as the court or judge determines to be reasonable for the services of an expert on the value of the land when such value is in dispute; (5) for maps, plans, mechanical drawings and photographs, necessary or convenient in the trial of any action, a reasonable sum; (6) for copies of records used in evidence, bonds, recognizances and subpoenas, court and clerk's fees; (7) for the signing and service of process, the legal fees payable therefor, except that a fee shall not be allowed for the return of a subpoena to court; (8) the actual expense incurred in publishing orders of notice under direction of the court; (9) for each interpreter necessarily employed in the trial of any civil action, twenty dollars per diem; (10) for premiums upon all bonds or undertakings provided pursuant to statute, rule of court, order of court or stipulation of parties, including bonds in lieu of or in release or dissolution of attachment, the actual amount paid, not exceeding a reasonable amount; (11) documented investigative costs and expenses, not exceeding the sum of two hundred dollars; and (12) for the recording, videotaping, transcribing and presentation of the deposition of a practitioner of the healing arts, as defined in section 20-1, dentist, registered nurse, advanced practice registered nurse or licensed practical nurse, as defined in section 20-87a, or real estate appraiser that is used in lieu of live testimony in the civil action, the reasonable expenses incurred.

      (c) In all civil actions in which the matter in demand is less than fifteen thousand dollars, the prevailing party shall receive, by way of indemnity, the following sums: (1) For all proceedings before trial, ten dollars; and (2) for the trial of an issue of fact or law, fifteen dollars, but, if more than one issue of fact or law is tried at one time, only one trial fee shall be allowed.

      (d) The following sums may be allowed to the prevailing party in causes on appeal, in the discretion of the court: (1) For all proceedings, one hundred dollars; (2) for expenses actually incurred in printing or photoduplicating copies of briefs, a sum not exceeding two hundred dollars; and (3) to the plaintiff in error, plaintiff in a cause reserved, or appellant, as the case may be, the record fee, provided judgment shall be rendered in his favor. Such costs in the Superior Court in appealed causes and in the Supreme Court or Appellate Court shall be in the discretion of the court on reservation of a cause for advice, or when a new trial is granted.

      (e) The provisions of this section shall not interfere with the discretion of the court in taxing costs in actions in which equitable relief is demanded.

      (1949 Rev., S. 3602; 1955, S. 1970d; 1959, P.A. 28, S. 177; 473, S. 2; 1961, P.A. 517, S. 125; 1963, P.A. 416, S. 3; 1967, P.A. 89; 1969, P.A. 430; 1971, P.A. 302; P.A. 74-183, S. 157, 291; P.A. 76-436, S. 559, 681; P.A. 77-497, S. 5, 6, 7; 77-604, S. 61, 84; P.A. 82-160, S. 129; P.A. 83-295, S. 10; 83-385, S. 2; June Sp. Sess. P.A. 83-29, S. 42, 82; P.A. 95-176, S. 3; P.A. 01-32, S. 2; P.A. 06-156, S. 5.)

      History: 1959 acts deleted provisions for appeals from justices of peace and civil actions in town, city and borough courts and doubled fees of parties in civil actions; 1961 act doubled record fee; 1963 act deleted requirement, in proviso re record fee, that judgment be finally rendered in his favor; 1967 act removed maximum limitation of fifty dollars for services of expert in land values, substituting such amount as court or judge determines to be reasonable; 1969 act specified that parties receive an amount determined by judge to be reasonable for examination of land records rather than the actual expense (not exceeding fifty dollars) of such examination and raised payment for interpreters from "ten dollars" to "a sum not exceeding twenty dollars per diem"; 1971 act raised fees for first page of complaint from three to five dollars and for subsequent pages from one dollar and fifty cents to two dollars, raised prevailing parties' award for all proceeding before trial from twenty to fifty dollars, for trial of issue of law or fact from twenty-five to seventy-five dollars, for further allowance in difficult cases from one hundred to two hundred dollars, for all proceedings in causes pending in appellate division or supreme court from thirty to one hundred dollars and for expenses of printing brief copies from one hundred to two hundred dollars, doubled allowances for depositions, restored actual expense of examination of land records as sum allowed but specified maximum of one hundred fifty dollars and specified interpreters' fees as twenty dollars, removing reference to lesser amounts; P.A. 74-183 specified applicability of previously existing provisions to actions "in the court of common pleas where the ad damnum exceeds one thousand dollars" and in the superior court, replacing "appellate division" with superior court and removing specified record fee "of fifty dollars", and added Subsec. (b) re civil actions returnable to court of common pleas where matter in demand exceeds one hundred dollars but is less than one thousand dollars, effective December 31, 1974; P.A. 76-436 amended section to reflect transfer of all trial jurisdiction to superior court, deleting references to court of common pleas, effective July 1, 1978; P.A. 77-497 applied previous dollar limits applicable in common pleas cases to superior court cases, later raising dollar figure to $7500, applied provisions to cases where defendant prevails and deleted provision in Subsec. (b) which had allowed prevailing party three dollars as indemnity in all proceedings where matter in demand is one hundred dollars or less; P.A. 77-604 clarified effective date of P.A. 77-497 provisions, i.e. $1000 limit applies from October 1, 1977 to June 30, 1978, and $7500 limit takes effect on July 1, 1978; P.A. 82-160 rephrased and reorganized section; P.A. 83-295 amended Subsecs. (a) and (c) to increase from $7500 to $15,000 the amount in demand which determines the fees of parties; P.A. 83-385 amended Subsec. (b) by adding Subdiv. (11) re documented investigative costs and expenses not exceeding two hundred dollars; June Sp. Sess. P.A. 83-29 included reference to appellate court; P.A. 95-176 amended Subsec. (d) by adding reference to "photoduplicating"; P.A. 01-32 amended Subsec. (b) by making a technical change for purposes of gender neutrality in Subdiv. (1) and adding Subdiv. (12) re receipt of reasonable expenses incurred for the recording, videotaping, transcribing and presentation of the deposition of certain experts that is used in lieu of live testimony; P.A. 06-156 amended Subsec. (b)(4) by increasing maximum expense for land records examination from one hundred fifty to two hundred twenty-five dollars, effective June 6, 2006.

      In equity, costs are in discretion of court; 28 C. 466; also where legal and equitable relief sought, but latter prevails; 80 C. 233; but ordinarily they are awarded on same basis as action at law; 119 C. 367. At law, costs are the creature of statute. 73 C. 614; 81 C. 213; 82 C. 392. "Action" in statute includes one to compel support of parent. 73 C. 608. Action on statute for penalty. 39 C. 486. Law in force at termination of action controls. 81 C. 213. If no rule for measuring costs given, court has discretion. 4 C. 80; 67 C. 257; 68 C. 220. Costs go to prevailing party; 39 C. 484; and Practice Act has not changed this. 67 C. 74. Discretion of court as to costs on probate appeal. 76 C. 654. No costs allowed accused who prevails on appeal. 82 C. 392. Matter in demand as determining. 57 C. 59. Costs properly taxable where plea in abatement or to jurisdiction is sustained. 64 C. 74; 82 C. 378. Where plea of tender is joined with general denial. 67 C. 74. In supreme court; where cases heard together; 70 C. 443; 74 C. 274; when new trial ordered, where costs taxed; 73 C. 475; costs on plea in abatement or motion to erase; 82 C. 378; Id., 483; costs unnecessarily incurred need not be taxed. 88 C. 260. Where two distinct causes of action are tried together by mutual agreement, a jury fee and trial fee should be taxed for each cause of action. 93 C. 659. Costs not taxable in habeas corpus proceeding. 113 C. 740. No costs in mandamus unless return made and hearing had. 115 C. 98. Where supreme court found error only in inclusion of costs, held sufficient to make appellant prevailing party. Id., 99. Where no reason for reservation to supreme court other than speedy disposition, costs taxed for prevailing party. Id., 530. Where party upon reasonable ground sought correction in finding, costs of printing allowed. 130 C. 247. Against policy of supreme court to amend rescript to state no costs against loser. Id. Held proper to allow defendant costs on counterclaim when he lost on complaint. 131 C. 680. Cited. 136 C. 255. In equity, costs are at discretion of court. Id., 645. Nonsuit entered on court's own motion. No costs against defendant except for printing evidence. 139 C. 429; 144 C. 21. Where the prevailing defendants shared a common defense, a single counsel, one pleading, one trial and one judgment, the defendants were entitled to be indemnified only to the extent of a single bill of costs. 166 C. 325. Statutory authorization of imposition of costs do not apply against the state without specific inclusion thereof. 176 C. 362. Cited. 187 C. 591. Cited. 188 C. 213. Cited. 204 C. 17. Cited. 205 C. 542. Cited. 215 C. 286. Cited. 240 C. 58.

      Municipality is not exempt from the taxation of costs; unlike the state a municipality has no sovereign immunity in absence of specific statutory exception or prohibition. 4 CA 30, 32. Cited. 18 CA 618. Cited. 25 CA 67. Cited. 35 CA 239. Sec. 31-51m allows for costs, but does not expressly provide for expert witness fees. Therefore, general cost provisions of Secs. 52-257 and 52-260 apply, which do not mention nontestimonial costs. Accordingly, the nontestimonial work performed by plaintiff's economics expert was not taxable as costs. 79 CA 501. Where record did not support defendant's claim that plaintiff had waived his right to seek costs, and because judgment was rendered in favor of plaintiff, he was a prevailing party and, thus, entitled to costs even though only nominal damages had been awarded. 88 CA 583.

      When two or more cases between the same parties are tried together, only one indemnity for trial of issues of fact may be taxed. 3 CS 85. Cited. 4 CS 167. Cited. 5 CS 330. Cited. 6 CS 208. Witness fees chargeable if witnesses are summoned in good faith ready to testify. Id., 261. Cited. 7 CS 521. Cited. 8 CS 31; Id., 324. Allowance for searching title cannot be allowed unless the action is one affecting title or a mortgage or a lien on real estate. 9 CS 425. Former limitation on fees paid to experts on land did not apply to appraisal fees granted under section 13-150 (now section 13a-76). 21 CS 343. Cited. 24 CS 391. Cited. 27 CS 288. Usual costs plus two hundred dollar allowance awarded to plaintiff-member of nonstock corporation who successfully challenged corporation's exclusion of women as members and guests as ultra vires, in case of first impression; no basis found for awarding attorneys' fees. 33 CS 150. Where the trial of the issues on a counterclaim involved an action where the ad damnum was in excess of $1,000, subsec. (a) of this section was the appropriate provision for taxation of costs. Id., 538.

      Subsec. (a):

      Cited. 15 CA 185.

      Subsec. (b):

      Subdiv. (5) cited. 215 C. 197.

      Subsec. (c):

      Cited. 15 CA 185. Cited. 37 CA 865.

      Subsec. (e):

      Cited. 225 C. 804, 814.

      Sec. 52-257a. Fees in Circuit Court. Section 52-257a is repealed.

      (1959, P.A. 28, S. 37; 1963, P.A. 9; 1967, P.A. 628, S. 1; 1971, P.A. 870, S. 130; 1972, P.A. 108, S. 12; 281, S. 32; P.A. 74-183, S. 280, 291.)

      Sec. 52-258. Jury fees. The jury fee in civil actions shall be three hundred fifty dollars to be paid at the time the case is claimed for the jury by the party at whose request the case is placed upon the jury docket. The jury fee shall be taxed in favor of the party paying the jury fee in the bill of costs in the action, if final judgment thereon is rendered in his favor.

      (1949 Rev., S. 3603; 1953, 1955, S. 1971d; 1959, P.A. 28, S. 212; 1967, P.A. 628, S. 2; 1971, P.A. 40, S. 12; 1972, P.A. 281, S. 33; P.A. 74-183, S. 90, 291; P.A. 76-436, S. 136, 681; P.A. 77-576, S. 63, 65; P.A. 80-387, S. 2; P.A. 82-160, S. 130; P.A. 83-577, S. 3; P.A. 89-219, S. 3, 10; May Sp. Sess. P.A. 92-6, S. 84, 117; P.A. 97-309, S. 12, 23; 97-322, S. 7, 9; May 9 Sp. Sess. P.A. 02-1, S. 103.)

      History: 1959 act included circuit court; 1967 act increased jury fee from twenty to thirty dollars for jury of six and from fifty to one hundred dollars for jury of twelve; 1971 act deleted provisions re fees for juries of twelve, the option for full jury having been repealed; 1972 act raised jury fee from thirty to forty dollars, effective September 1, 1972; P.A. 74-183 removed circuit court actions from scope of section, reflecting transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 76-436 amended section to reflect transfer of all trial jurisdiction to superior court by deleting specific reference to actions in superior court or court of common pleas, effective July 1, 1978; P.A. 77-576 raised jury fee to forty-five dollars, effective July 1, 1978; P.A. 80-387 raised fee to sixty dollars, effective October 1, 1980; P.A. 82-160 rephrased the section; P.A. 83-577 raised fee from sixty to eighty dollars; P.A. 89-219 raised fee from eighty dollars to one hundred dollars; May Sp. Sess. P.A. 92-6 raised fee from one hundred to two hundred fifty dollars; P.A. 97-309 increased fee from two hundred fifty to three hundred dollars, effective July 1, 1997; P.A. 97-322 changed effective date of P.A. 97-309 but without affecting this section; May 9 Sp. Sess. P.A. 02-1 raised fee from three hundred to three hundred fifty dollars, effective July 1, 2002.

      Requirement that defendant in paternity action pay jury fee did not deprive him of fundamental right. 170 C. 367. Cited. Id., 367.

      Cited. 28 CA 693.

      Sec. 52-259. Court fees. There shall be paid to the clerks for entering each appeal or writ of error to the Supreme Court, or entering each appeal to the Appellate Court, as the case may be, two hundred fifty dollars, and for each civil cause in the Superior Court, two hundred twenty-five dollars, except (1) one hundred twenty dollars for entering each case in the Superior Court in which the sole claim for relief is damages and the amount, legal interest or property in demand is less than two thousand five hundred dollars and for summary process, landlord and tenant and paternity actions, and (2) there shall be no entry fee for making an application to the Superior Court for relief under section 46b-15 or for making an application to modify or extend an order issued pursuant to section 46b-15. If the amount, legal interest or property in demand by the plaintiff is alleged to be less than two thousand five hundred dollars, a new entry fee of seventy-five dollars shall be charged if the plaintiff amends his complaint to state that such demand is not less than two thousand five hundred dollars. The fee for the entry of a small claims case shall be thirty-five dollars. If a motion is filed to transfer a small claims case to the regular docket, the moving party shall pay a fee of seventy-five dollars. There shall be paid to the clerk of the Superior Court by any party who requests that a matter be designated as a complex litigation case the sum of two hundred fifty dollars, to be paid at the time the request is filed. There shall be paid to the clerk of the Superior Court by any party who requests a finding of fact by a judge of such court to be used on appeal the sum of twenty-five dollars, to be paid at the time the request is filed. There shall be paid to the clerk of the Superior Court a fee of seventy-five dollars for a petition for certification to the Supreme Court and Appellate Court. Such clerks shall also receive for receiving and filing an assessment of damages by appraisers of land taken for public use or the appointment of a commissioner of the Superior Court, two dollars; for recording the commission and oath of a notary public or certifying under seal to the official character of any magistrate, ten dollars; for certifying under seal, two dollars; for exemplifying, twenty dollars; for making all necessary records and certificates of naturalization, the fees allowed under the provisions of the United States statutes for such services; and for making copies, one dollar a page. There shall be paid to the clerk of the Superior Court for a copy of a judgment file a fee of twenty-five dollars, inclusive of the fees for certification and copying, for a certified copy and a fee of fifteen dollars, inclusive of the fee for copying, for a copy which is not certified; and for a copy of a certificate of judgment in a foreclosure action, as provided by the rules of practice and procedure, twenty-five dollars, inclusive of the fees for certification and copying. There shall be paid to the clerk of the court a fee of one hundred dollars at the time any application for a prejudgment remedy is filed. A fee of twenty dollars for any check issued to the court in payment of any fee which is returned as uncollectible by the bank on which it is drawn may be imposed. The tax imposed under chapter 219 shall not be imposed upon any fee charged under the provisions of this section.

      (1949 Rev., S. 3604; 1955, S. 1972d; November, 1955, S. N195; 1957, P.A. 57, S. 1; 385, S. 1; 1959, P.A. 199; 544; 670, S. 2; 1967, P.A. 628, S. 3; P.A. 74-183, S. 158, 291; P.A. 75-530, S. 4, 35; P.A. 76-368, S. 6, 9; 76-436, S. 560, 681; P.A. 77-347, S. 9, 11; 77-497, S. 3, 7; 77-576, S. 62, 65; 77-604, S. 61, 70, 84; P.A. 78-379, S. 18, 27; P.A. 79-574; P.A. 80-387, S. 1; P.A. 81-129, S. 2; 81-472, S. 92, 159; Nov. Sp. Sess. P.A. 81-4, S. 26, 32; 81-6, S. 2, 4; P.A. 82-325, S. 3, 6, 7; P.A. 83-196; 83-577, S. 1; June Sp. Sess. P.A. 83-29, S. 11, 82; June Sp. Sess. P.A. 83-35, S. 8; P.A. 85-548, S. 5; P.A. 88-103, S. 1, 4; P.A. 89-219, S. 4, 10; 89-251, S. 189, 203; May Sp. Sess. P.A. 92-6, S. 76, 117; P.A. 93-396, S. 7; P.A. 94-135, S. 3; P.A. 95-176, S. 4; P.A. 97-309, S. 13, 23; 97-322, S. 7, 9; May 9 Sp. Sess. P.A. 02-1, S. 104; P.A. 03-2, S. 43; 03-278, S. 102; May Sp. Sess. P.A. 04-2, S. 13.)

      History: 1959 acts added exception to charge for second judgment after judgment reopened for cases where reopening was for court error in prior judgment and where court reopened on own motion, added fee for foreclosure by sale, raised entry fee in supreme and superior courts from sixteen to twenty-two dollars and in court of common pleas from sixteen to twenty dollars; 1967 act increased entry fee in supreme and superior courts to forty-five dollars and in common pleas court to thirty dollars, eliminated fees for recording judgments, taking recognizance or bond for prosecution or special bail, signing writs of habeas corpus, making records, taking bail bonds and furnishing copies and for orders of notice, and further provided for furnishing copy of judgment to parties without charge; P.A. 74-183 applied forty-five-dollar fee paid to superior or supreme court clerks to appeals, reduced fee for entering civil cause in common pleas court from thirty to twenty dollars and added provision re payment of record fee in appeals from common pleas court to superior court, effective December 31, 1974; P.A. 75-530 clarified fee provisions, imposed twenty-dollar entry fee in appeals from common pleas court to superior court and deleted provision which had specified that there is no charge for one plain or certified copy of judgment to any party to the action, effective June 30, 1975; P.A. 76-368 raised fees for entering civil causes and entry fee in appeals from common pleas court to superior court by five dollars each, effective July 1, 1976; P.A. 76-436 amended section to reflect transfer of common pleas court functions to superior court, deleting provisions previously applicable to actions in common pleas court, and added provisions re cases where entry fee is twenty dollars and re new entry fee for amended addendum, effective July 1, 1978; P.A. 77-347 raised new entry fee from forty-five to fifty dollars and substituted "ad damnum" for "addendum" in provision added by P.A. 76-436 and added provisions re fees for entry and transfer of small claims cases, effective July 1, 1978, through June 30, 1979; P.A. 77-497 restated provision re new entry fee to refer to amended complaint rather than amended ad damnum, effective July 1, 1978; P.A. 77-576 raised all fees, except fee for entry of small claims case, record fees in appeals to superior court appellate session and various fees associated with documentation by five dollars, effective July 1, 1978; P.A. 77-604 made technical correction; P.A. 78-379 reduced record fee in appeals to superior court appellate session from thirty to twenty-five dollars, correcting a mistake resulting from misreading of P.A. 77-576, and specified that tax imposed under Ch. 219 does not apply to fees charged under section, effective July 1, 1978; P.A. 79-574 based fees on amount, legal interest or property in demand equally $2,500 rather than $7,500, effective October 1, 1979; P.A. 80-387 raised most fees, except those for appeals to superior court appellate session or for finding of fact or for various charges associated with documentation and except fee for entry of small claims case (raised from six dollars to eight dollars), by five dollars, effective October 1, 1980; P.A. 81-129 increased the fee for the entry of a small claims case from eight to ten dollars; P.A. 81-472 made technical changes; Nov. Sp. Sess. P.A. 81-4 raised fees (1) for entering appeal to supreme court from sixty to seventy-five dollars, (2) for entering appeal to superior court in exception from thirty-five to forty-five dollars, (3) for new entry fee in amended complaint from sixty to seventy-five dollars, (4) for transfer of small claims case to regular docket from thirty-five to forty-five dollars and (5) for entry of appeal in appellate session of superior court from thirty to forty-five dollars; Nov. Sp. Sess. P.A. 81-6 added Subsec. (b) re collection fees in non-AFDC support cases; P.A. 82-325 changed effective date of Nov. Sp. Sess. P.A. 81-6, S. 2 from January 27, 1982, to sixty days following effective date of regulations adopted to effectuate purposes of Subsec. (b) enacted by that act and revised effective date of certain sections of Nov. Sp. Sess. P.A. 81-4 as well but without affecting this section; P.A. 83-196 amended Subsec. (b) by changing "shall impose" to "may impose", deleting provisions re computation of amount of collection fee and adding provision that collection fee be in an amount necessary to meet the cost of providing support services and paid by person against whom the support order was issued; P.A. 83-577 raised fees (1) for appeal to the supreme court from seventy-five to one hundred dollars, (2) for civil actions from sixty to ninety dollars, (3) for civil actions where the sole claim is for damages and the amount in demand is less than $2500 and summary process, landlord and tenant, paternity and support actions from forty-five to fifty-five dollars, and (4) for small claims cases from ten to twenty dollars; June Sp. Sess. P.A. 83-29 added reference to appellate court, deleted reference to appellate session of the superior court and deleted provision re entry fee of forty-five dollars in Subsec. (a); June Sp. Sess. P.A. 83-35 amended Subsec. (a) by providing the entry fee for a small claims case which is a housing matter shall be fifteen dollars; P.A. 85-548 amended Subsec. (b) to make imposition of fee mandatory rather than discretionary to describe fee as an "application" fee and to provide for determination, payment and reimbursement of such fee which shall not exceed twenty-five dollars, deleting prior provisions specifying that "collection" fee should meet the cost of providing support services and should be paid by person against whom an order of support was issued; P.A. 88-103 amended Subsec. (a) by adding Subdiv. (2) exempting applications to superior court for relief under Sec. 46b-15 from entry fee; P.A. 89-219 raised fees (1) for appeal to the supreme court or appellate court from one hundred to one hundred fifty dollars, (2) for civil actions from ninety to one hundred twenty-five dollars, (3) for civil actions where the sole claim is for damages and the amount in demand is less than twenty-five hundred dollars and summary process, landlord and tenant, paternity and support actions from fifty-five to sixty dollars, and (4) for small claims cases from fifteen to twenty dollars for any housing matter and from twenty to twenty-five dollars for any other matter; P.A. 89-251 amended Subsec. (b) to increase the maximum fee from twenty-five to thirty dollars; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to increase various fees and to add fees for a copy of a judgment file, certification and copying an application for a prejudgment remedy; P.A. 93-396 deleted former Subsec. (b) concerning the state imposition of application fees in non-AFDC child support cases; P.A. 94-135 imposed fee of seventy-five dollars for petition for certification to supreme court and appellate court and fee of twenty dollars for exemplifying and deleted recording fee for appeals to appellate court; P.A. 95-176 added fee for entering writ of error to Supreme Court, eliminated seventy-five dollar fee for entering support action, added provision of no entry fee for application to modify or extend order issued under section 46b-15 and authorized twenty-dollar fee for check to court in payment of fee returned as uncollectible by bank; P.A. 97-309 increased fee for civil cause in Superior Court from one hundred fifty to one hundred eighty-five dollars effective July 1, 1997; P.A. 97-322 changed effective date of P.A. 97-309 but without affecting this section; May 9 Sp. Sess. P.A. 02-1 raised fee for entry of a small claims case from thirty to thirty-five dollars and made a technical change, effective July 1, 2002; P.A. 03-2 established fee of two hundred fifty dollars for filing a request that a matter be designated as a complex litigation case and increased fee for a civil cause in Superior Court from one hundred eighty-five to two hundred twenty dollars, a civil cause in which the sole claim for relief is damages and the amount, legal interest or property in demand is less than two thousand five hundred dollars and for summary process, landlord and tenant and paternity actions from seventy-five to one hundred twenty dollars, a certified copy of a judgment file from fifteen to twenty-five dollars, an uncertified copy of a judgment file from ten to fifteen dollars, a copy of a certificate of judgment in a foreclosure action from twenty to twenty-five dollars, and an application for a prejudgment remedy from fifty to one hundred dollars, effective February 28, 2003; P.A. 03-278 made technical changes, effective July 9, 2003; May Sp. Sess. P.A. 04-2 increased fee for entering each civil cause in the Superior Court from two hundred twenty dollars to two hundred twenty-five dollars, effective July 1, 2004.

      Cited. 135 C. 412. Cited. 194 C. 43. Cited. 223 C. 68. Cited. 237 C. 758.

      Cited. 15 CA 185.

      Cited. 8 CS 31.

      Sec. 52-259a. Attorneys employed by the state and employees of Judicial Department not required to pay certain fees. Immigration and Naturalization Service not required to pay fee for certified copy of criminal record. (a) Any member of the Division of Criminal Justice or the Division of Public Defender Services, any employee of the Judicial Department, acting in the performance of such employee's duties, the Attorney General, an assistant attorney general, the Consumer Counsel, any attorney employed by the Office of Consumer Counsel within the Department of Public Utility Control, the Department of Revenue Services, the Commission on Human Rights and Opportunities, the Freedom of Information Commission, the Board of Labor Relations, the Office of Protection and Advocacy for Persons with Disabilities, the Office of the Victim Advocate or the Department of Social Services, or any attorney appointed by the court to assist any of them or to act for any of them in a special case or cases, while acting in such attorney's official capacity or in the capacity for which such attorney was appointed, shall not be required to pay the fees specified in sections 52-258, 52-259, and 52-259c, subsection (a) of section 52-356a, subsection (a) of section 52-361a, section 52-367a, subsection (b) of section 52-367b and subsection (n) of section 46b-231.

      (b) The Immigration and Naturalization Service shall not be required to pay any fees specified in section 52-259 for any certified copy of any criminal record.

      (1959, P.A. 170; 1967, P.A. 515, S. 1; 1969, P.A. 19, S. 1; P.A. 74-183, S. 159, 291; P.A. 76-180, S. 2; 76-436, S. 561, 681; P.A. 77-404; 77-614, S. 164, 610; P.A. 79-334, S. 1, 2; P.A. 80-482, S. 338, 348; 80-483, S. 134, 186; P.A. 83-8; 83-385, S. 1, 3; 83-581, S. 38, 40; P.A. 86-403, S. 115, 132; P.A. 88-22, S. 5; P.A. 89-32; 89-144, S. 16; P.A. 90-213, S. 37, 56; P.A. 92-239, S. 2, 3; May Sp. Sess. P.A. 92-6, S. 77, 117; P.A. 97-203, S. 19, 20; P.A. 01-91, S. 18; 01-211, S. 11; P.A. 02-132, S. 77; P.A. 03-2, S. 44; May Sp. Sess. P.A. 04-2, S. 14.)

      History: 1967 act added prosecuting and assistant prosecuting attorneys and assistant public defenders; 1969 act exempted attorney general and assistant attorney general from fee requirements; P.A. 74-183 deleted reference to fees specified in Sec. 52-257a, that section having been repealed; P.A. 76-180 exempted consumer counsel and attorneys employed by office of consumer counsel from fee requirements; P.A. 76-436 replaced exemption for the various state's attorneys, prosecuting attorneys and public defenders with exemption for any member of criminal justice division or public defenders services, effective July 1, 1978; P.A. 77-404 exempted attorneys employed by commission on human rights and opportunities from fee requirements; P.A. 77-614 replaced office of consumer counsel with division of consumer counsel within the department of business regulation, effective January 1, 1979; P.A. 79-334 exempted attorneys employed by freedom of information commission from fee requirements; P.A. 80-482 placed division of consumer counsel within newly created department of public utility control and abolished the department of business regulation; P.A. 80-483 made technical grammatical correction; P.A. 83-8 included attorneys employed by the state board of labor relations within the fee exemption provisions of this section; P.A. 83-385 exempted members of the family division of the superior court from the fee requirements and included fees specified in Sec. 52-259c among the fees certain attorneys employed by the state are not required to pay; P.A. 83-581 included fees specified in "subsection (a) of section 52-356a and subsection (a) of section 52-361a" among fees certain attorneys are not required to pay; P.A. 86-403 added reference to Subsec. (n) of Sec. 46b-231; P.A. 88-22 substituted office of consumer counsel for division of consumer counsel; P.A. 89-32 exempted attorneys employed by the office of protection and advocacy for handicapped and developmentally disabled persons from the fee requirement; P.A. 89-144 substituted the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; P.A. 90-213 added provision concerning the support enforcement division; P.A. 92-239 added Subsec. (b) re exemption of immigration and naturalization service from the payment of fees for copies of criminal records; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to delete reference to Sec. 52-269; (Revisor's note: In 1997 the words "Division of" were inserted editorially by the Revisors in the phrase "Division of Public Defender Services" for consistency with customary statutory usage); P.A. 97-203 amended Subsec. (a) to add attorneys employed by the Department of Revenue Services, effective July 1, 1997; P.A. 01-91 changed "Support Enforcement Division" to "Support Enforcement Services" in Subsec. (a); P.A. 01-211 amended Subsec. (a) to add attorneys employed by the Office of the Victim Advocate and make technical changes for purposes of gender neutrality; P.A. 02-132 amended Subsec. (a) by replacing "the Family Division or Support Enforcement Services of the Superior Court" with "any employee of the Judicial Department, acting in the performance of such employee's duties", adding reference to Sec. 52-259d and making technical changes, effective June 7, 2002; P.A. 03-2 amended Subsec. (a) to exempt any attorney employed by the Department of Social Services from fee requirements and included fees specified in Secs. 52-367a and 52-367b(b) among fees certain attorneys and employees are not required to pay, effective February 28, 2003; May Sp. Sess. P.A. 04-2 amended Subsec. (a) by deleting reference to Sec. 52-259d that was repealed by the same act, effective July 1, 2004.

      Cited. 152 C. 503. Cited. 154 C. 631.

      Sec. 52-259b. Waiver of fees and payment of the cost of service of process for indigent party. (a) In any civil or criminal matter, if the court finds that a party is indigent and unable to pay a fee or fees payable to the court or to pay the cost of service of process, the court shall waive such fee or fees and the cost of service of process shall be paid by the state.

      (b) There shall be a rebuttable presumption that a person is indigent and unable to pay a fee or fees or the cost of service of process if (1) such person receives public assistance or (2) such person's income after taxes, mandatory wage deductions and child care expenses is one hundred twenty-five per cent or less of the federal poverty level. For purposes of this subsection, "public assistance" includes, but is not limited to, state-administered general assistance, temporary family assistance, aid to the aged, blind and disabled, food stamps and Supplemental Security Income.

      (c) Nothing in this section shall preclude the court from finding that a person whose income does not meet the criteria of subsection (b) of this section is indigent and unable to pay a fee or fees or the cost of service of process. If an application for the waiver of the payment of a fee or fees or the cost of service of process is denied, the court clerk shall, upon the request of the applicant, schedule a hearing on the application.

      (Nov. Sp. Sess. P.A. 81-4, S. 28, 32; P.A. 82-325, S. 3, 7; P.A. 90-261, S. 14, 19; P.A. 99-119; P.A. 04-76, S. 40.)

      History: P.A. 82-325 changed effective date of Nov. Sp. Sess. P.A. 81-4 but without affecting this section; P.A. 90-261 made provisions of section applicable "In any civil or criminal matter"; P.A. 99-119 designated existing provisions as Subsec. (a), added Subsec. (b) establishing a rebuttable presumption of indigency if certain criteria are met, and added Subsec. (c) providing that nothing precludes a court from finding a person whose income does not meet such criteria is indigent and requiring the court clerk upon the applicant's request to schedule a hearing on an application for a fee waiver that has been denied; P.A. 04-76 amended Subsec. (b) by deleting reference to "general assistance".

      Sec. 52-259c. Fee to open, set aside, modify, extend or reargue judgment. (a) There shall be paid to the clerk of the Superior Court upon the filing of any motion to open, set aside, modify or extend any civil judgment rendered in Superior Court a fee of thirty-five dollars for any housing matter, a fee of twenty-five dollars for any small claims matter and a fee of seventy dollars for any other matter, except no fee shall be paid upon the filing of any motion to open, set aside, modify or extend judgments in juvenile matters or orders issued pursuant to section 46b-15 or upon the filing of any motion pursuant to subsection (b) of section 46b-63. Such fee may be waived by the court.

      (b) Upon the filing of a motion to open or reargue a judgment in any civil appeal rendered by the Supreme Court or Appellate Court or to reconsider any other civil matter decided in either court, the party filing the motion shall pay a fee of seventy dollars.

      (Nov. Sp. Sess. P.A. 81-4, S. 27, 32; P.A. 82-325, S. 1, 3, 7; P.A. 83-577, S. 4; P.A. 89-219, S. 5, 10; May Sp. Sess. P.A. 92-6, S. 78, 117; P.A. 93-178; 93-396, S. 8; P.A. 95-176, S. 5; May 9 Sp. Sess. P.A. 02-1, S. 105; P.A. 03-2, S. 45; 03-130, S. 5.)

      History: P.A. 82-325 rephrased the section, specified that the fee was payable upon the filing of the motion and that it applied to motions concerning "civil" judgments, made an exception for judgments in small claims and juvenile matters and provided that the section was applicable to fees payable on or after February 1, 1982; P.A. 83-577 raised fee from fifteen to twenty-five dollars; P.A. 89-219 retained fee of twenty-five dollars for any housing matter and increased fee from twenty-five to fifty dollars for any other matter; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to increase fees and added new Subsecs. (b) and (c) concerning payment of fees upon the filing of motions for contempt and exceptions from those fees in child support cases; P.A. 93-178 deleted former Subsecs. (b) and (c) re the fee for filing a motion for contempt and an exception from the fee in child support cases; P.A. 93-396 would have made Subsec. (c) applicable to non-IV-D support cases, but failed to take effect since P.A. 93-178 took precedence; P.A. 95-176 amended Subsec. (a) by applying provisions to extensions of judgments and to specify that no fee will be charged re orders issued pursuant to Sec. 46b-15 and added Subsec. (b) re sixty-dollar fee for filing motion to open, reargue or reconsider judgment in appeal rendered by Supreme or Appellate Court; May 9 Sp. Sess. P.A. 02-1 raised filing fees for matters other than housing from sixty to seventy dollars, effective July 1, 2002; P.A. 03-2 amended Subsec. (a) to delete exemption from filing fee for a motion to open, set aside, modify or extend judgments in small claims matters and impose a fee of twenty-five dollars upon the filing of such a motion, effective February 28, 2003; P.A. 03-130 amended Subsec. (a) by adding provision re filing of any motion pursuant to Sec. 46b-63(b).

      Cited. 196 C. 517. Cited. 223 C. 68. Cited. 224 C. 263.

      Cited. 10 CA 669. Cited. 31 CA 260.

      Sec. 52-259d. Additional fee for civil causes. Section 52-259d is repealed, effective July 1, 2004.

      (June Sp. Sess. P.A. 01-9, S. 10, 131; May Sp. Sess. P.A. 04-2, S. 112.)

      Sec. 52-260. Witness fees. (a) The fees of a witness for attendance before any court, the General Assembly or any committee thereof, when summoned by the state, or before any legal authority, shall be fifty cents a day, and for travel to the place of trial, except as provided in section 54-152, shall be the same amount per mile as provided for state employees pursuant to section 5-141c. Whenever a garnishee is required to appear before any court, such garnishee shall receive the same fees as a witness in a civil action and be paid in the same manner. The clerk of the Superior Court, upon request, shall, on the day of attendance, pay the fee of any witness summoned by the state to appear before the court.

      (b) When any regular or supernumerary police officer or any regular, volunteer or substitute firefighter of any town, city or borough is summoned to testify in any criminal proceeding pending before the Superior Court or the Department of Consumer Protection and the police officer or firefighter receives no compensation from the town, city or borough by which he is employed for the time so spent by him, the police officer or firefighter shall be allowed and paid one hundred dollars, together with the mileage allowed by law to witnesses in criminal cases, for each day he is required to attend the proceedings.

      (c) When any regular or supernumerary police officer or any regular or substitute firefighter is summoned to testify in his capacity as a police officer or firefighter in any court in a civil action and the police officer or firefighter receives no compensation from the municipality by which he is employed for the time he is in attendance at court, there shall be allowed and paid to the police officer or firefighter a witness fee of one hundred dollars, together with the mileage allowed by law to witnesses in criminal cases, for each day he is required to attend court. If the police officer or firefighter testifies in any such proceeding or civil action on a vacation day or compensatory day off, he shall be paid the sum of one hundred dollars, together with the mileage allowed by law, notwithstanding the fact that he is receiving compensation for such day from the town, city or borough by which he is employed.

      (d) The amounts paid under subsections (b) and (c) of this section shall be taxed as a part of the costs, and shall be in lieu of all other witness fees payable to such police officer or firefighter.

      (e) When any person is confined in a community correctional center upon the allegation of the state's attorney that he will be a material witness in a pending criminal proceeding, he shall receive, in addition to his legal fees as a witness, two dollars for each day that he is so confined.

      (f) When any practitioner of the healing arts, as defined in section 20-1, dentist, registered nurse, advanced practice registered nurse or licensed practical nurse, as defined in section 20-87a, psychologist or real estate appraiser gives expert testimony in any action or proceeding, including by means of a deposition, the court shall determine a reasonable fee to be paid to such practitioner of the healing arts, dentist, registered nurse, advanced practice registered nurse, licensed practical nurse, psychologist or real estate appraiser and taxed as part of the costs in lieu of all other witness fees payable to such practitioner of the healing arts, dentist, registered nurse, advanced practice registered nurse, licensed practical nurse, psychologist or real estate appraiser.

      (g) When any public accountant licensed under chapter 389 is subpoenaed by any party, other than the state, to testify in his capacity as a public accountant in any action or proceeding, the court shall determine a reasonable fee to be paid to the public accountant and such fee shall be paid by the party issuing such subpoena.

      (1949 Rev., S. 3611; 1953, S. 1975d; 1957, P.A. 56; February, 1965, P.A. 574, S. 41; 1967, P.A. 273; 889; 1969, P.A. 297; 397; 720; P.A. 73-596; P.A. 74-183, S. 91, 291; P.A. 75-479, S. 3, 25; P.A. 76-436, S. 137, 681; P.A. 77-614, S. 165, 610; P.A. 78-289, S. 3; P.A. 80-190, S. 12; 80-482, S. 4, 170, 191, 339, 345, 348; P.A. 82-160, S. 131; 82-378; P.A. 83-251; P.A. 85-127; P.A. 86-182; P.A. 95-195, S. 82, 83; P.A. 00-45; P.A. 01-32, S. 1; 01-84, S. 4, 26; 01-186, S. 7; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; 04-232, S. 1; P.A. 05-45, S. 1.)

      History: 1965 act deleted obsolete references to criminal court of common pleas, its criminal jurisdiction having been abolished; 1967 acts provided compensation for policemen testifying in circuit court and added provision re fees paid to physicians or real estate appraisers for expert testimony; 1969 acts substituted "community correctional center" for "jail", referred to practitioners of healing arts and dentists rather than to physicians in provision added in 1967 re fees for expert testimony, authorized compensation for policemen summoned to testify "in any proceeding pending before the juvenile court", specified that policeman receives minimum witness fee if his attendance is required for less than four hours rather than two hours and added provision re fee paid to policeman summoned to testify on his regular day(s) off; P.A. 73-596 clarified applicability of provisions concerning policemen to firemen; P.A. 74-183 substituted court of common pleas for circuit court in provision re fees paid to policemen and firemen, reflecting transfer of circuit court functions to common pleas court, effective December 31, 1974; P.A. 75-479 replaced previous provisions which had based witness payments to policemen and firemen on their salaries and had applied only when they were not compensated for serving as witnesses by the town, city or borough employing them with provisions for payment of set fee of twenty dollars regardless of whether or not employing town, city or borough is also compensating them and imposed same fee for serving as witness on days off where previously compensation for service on such days was a minimum witness fee "equivalent to the payment for eight hours' attendance"; P.A. 76-436 divided section into Subsecs. and removed references to proceedings in court of common pleas or juvenile court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 77-614 replaced liquor control commission with division of liquor control within the department of business regulation in Subsec. (b), effective January 1, 1979; P.A. 78-289 raised witness fee for policemen and firemen from twenty to forty dollars and deleted former Subsec. (e) which had allowed witnesses summoned under Sec. 54-26 fee of two dollars per day and ten cents per mile for travel to and from court, relettering remaining Subsecs. accordingly; P.A. 80-190 deleted reference to proceedings before coroner in Subsec. (b); P.A. 80-482 made division of liquor control an independent department following abolition of department of business regulation, cancelling provision of the act which would have placed the division within the department of public safety; P.A. 82-160 rephrased the section; P.A. 82-378 amended Subsec. (b) to include witness fees for volunteer firemen; P.A. 83-251 added Subsec. (g) re fees for licensed public accountants; P.A. 85-127 amended Subsec. (f) to authorize payment of witness fees for registered nurse or licensed practical nurse; P.A. 86-182 amended Subsec. (g) to replace "subpoenaed by an adverse party" with "subpoenaed by any party"; P.A. 95-195 substituted Department of Consumer Protection for Department of Liquor Control in Subsec. (b), effective July 1, 1995; P.A. 00-45 amended Subsec. (a) to replace the fee for travel to the place of trial of "ten cents a mile" with provision that the fee "shall be the same amount per mile as provided for state employees pursuant to section 5-141c", to delete provision that a witness in a criminal trial shall receive for travel at said rate for one day only and for each day thereafter for travel shall be paid only his actual traveling expenses, not exceeding ten cents a mile, to delete provision that prohibited fees being allowed to bystanders called as witnesses in criminal trials, and to make a technical change for purposes of gender neutrality; P.A. 01-32 amended Subsec. (f) to replace "is summoned to give expert testimony" with "gives expert testimony", include the giving of expert testimony "by means of a deposition" and make provisions applicable to testimony by an advanced practice registered nurse; P.A. 01-84 amended Subsec. (f) to make technical changes, effective July 1, 2001; P.A. 01-186 amended Subsec. (a) by adding "except as provided in section 54-152" as exception re travel expenses for witnesses summoned by the state or before any legal authority; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 04-232 amended Subsecs. (b) and (c) to increase the fees paid to police officers and firefighters from forty to one hundred dollars and amended Subsecs. (b) to (d), inclusive, to make technical changes; P.A. 05-45 amended Subsec. (f) to make provisions applicable to a psychologist who gives expert testimony, effective July 1, 2005.

      Cited. 219 C. 204.

      Agreement to pay witness more than legal fees will not ordinarily be enforced; exceptional cases considered. 26 CS 463. Statute, as amended, read in conjunction with section 48-12, as amended, entitled property owner to reasonable appraisal fees in condemnation proceedings. 27 CS 288. Cited. 37 CA 865. Legal experts are not included within enumeration of the categories of experts entitled to discretionary award of expert witness fees. 78 CA 760. Sec. 31-51m allows for costs, but does not expressly provide for expert witness fees. Therefore, general cost provisions of Sec. 52-257 and this section apply, which do not mention nontestimonial costs. Accordingly, nontestimonial work performed by plaintiff's economics expert was not taxable as costs. 79 CA 501.

      Subsec. (f):

      Cited. 188 C. 213. Cited. 236 C. 710. Cited. 239 C. 708.

      Cited. 45 CA 305. Nothing in legislative history indicates that legislature's use of term "costs" in either Sec. 31-51m or 31-51q was intended to authorize court to award prevailing party the cost of an economist. Further, because an economist is not a listed expert witness whose cost may be reimbursed under general provisions of subsection, plaintiff's expert economist's testimonial fees cannot be reimbursed. 79 CA 501.

      Sec. 52-261. Fees and expenses of officers and persons serving process or performing other duties. (a) Except as provided in subsection (b) of this section and section 52-261a, each officer or person who serves process, summons or attachments shall receive a fee of not more than thirty dollars for each process served and an additional fee of thirty dollars for the second and each subsequent service of such process, except that such officer or person shall receive an additional fee of ten dollars for each subsequent service of such process at the same address or for notification of the office of the Attorney General in dissolution and postjudgment proceedings if a party or child is receiving public assistance. Each such officer or person shall also receive the fee set by the Department of Administrative Services for state employees for each mile of travel, to be computed from the place where such officer or person received the process to the place of service, and thence in the case of civil process to the place of return. If more than one process is served on one person at one time by any such officer or person, the total cost of travel for the service shall be the same as for the service of one process only. Each officer or person who serves process shall also receive the moneys actually paid for town clerk's fees on the service of process. Any officer or person required to summon jurors by personal service of a warrant to attend court shall receive for the first ten miles of travel while so engaged, such mileage to be computed from the place where such officer or person receives the process to the place of service, twenty-five cents for each mile, and for each additional mile, ten cents. For summoning any juror to attend court otherwise than by personal service of the warrant, such officer or person shall receive only the sum of fifty cents and actual disbursements necessarily expended by such officer or person in making service thereof as directed. Notwithstanding the provisions of this section, for summoning grand jurors, such officer or person shall receive only such officer