House Bill No. 7364
House Bill No. 7364
PUBLIC ACT NO. 91-324
AN ACT CONCERNING INTERNATIONAL OBLIGATIONS AND
PROCEDURES.
Section 1. (NEW) (a) Notwithstanding any
provision of the general statutes relating to
service of process, civil process shall not be
served outside of the United States of America in
violation of any applicable treaty or convention,
including without limitation, the Hague Convention
on Service of Process Abroad.
(b) If service of process cannot be made
under the applicable treaty or convention within
sixty days, the superior court may, upon
application, order service of process upon such
terms as the court deems reasonably calculated to
give the defendant actual notice of the
proceedings in sufficient time to enable the
defendant to defend.
Sec. 2. (NEW) (a) If an applicable treaty or
convention including, but not limited to, the
Hague Convention on the Taking of Evidence Abroad,
provides for discovery outside the United States
of America, the discovery methods agreed to in
such treaty or convention shall be employed.
(b) If an applicable treaty or convention
renders discovery inadequate or inequitable but
does not prohibit additional discovery, the
superior court may, upon application, order
additional discovery under such terms and
conditions as the court deems just and equitable.
Sec. 3. Section 51-88 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) A person who has not been admitted as an
attorney under the provisions of section 51-80
shall not: (1) Practice law or appear as an
attorney-at-law for another, in any court of
record in this state, (2) make it a business to
practice law, or appear as an attorney-at-law for
another in any such court, (3) make it a business
to solicit employment for an attorney-at-law, (4)
hold himself out to the public as being entitled
to practice law, (5) assume to be an
attorney-at-law, (6) assume, use or advertise the
title of lawyer, attorney and counselor-at-law,
attorney-at-law, counselor-at-law, attorney,
counselor, attorney and counselor, or an
equivalent term, in such manner as to convey the
impression that he is a legal practitioner of law,
or (7) advertise that he, either alone or with
others, owns, conducts or maintains a law office,
or office or place of business of any kind for the
practice of law.
(b) Any person who violates any provision of
this section shall be fined not more than two
hundred and fifty dollars or imprisoned not more
than two months or both.
(c) Any person who violates any provision of
this section shall be deemed in contempt of court,
and the superior court shall have jurisdiction in
equity upon the petition of any member of the bar
of this state in good standing or upon its own
motion to restrain such violation.
(d) The provisions of this section shall not
be construed [(1)] as prohibiting: [a] (1) A town
clerk from preparing or drawing deeds, mortgages,
releases, certificates of change of name and trade
name certificates which are to be recorded or
filed in the town clerk's office in the town in
which the town clerk [resides or (2) as
prohibiting] HOLDS OFFICE; (2) any person from
practicing law or pleading at the bar of any court
of this state in his own cause; OR (3) ANY PERSON
FROM ACTING AS AN AGENT OR REPRESENTATIVE FOR A
PARTY IN AN INTERNATIONAL ARBITRATION AS DEFINED
IN SUBSECTION (3) OF SECTION 50a-101.
Sec. 4. (NEW) The judges of the superior
court may make rules regulating foreign legal
consultants.
Sec. 5. Section 33-182a of the general
statutes is repealed and the following is
substituted in lieu thereof:
As used in this chapter the following words
shall have the meaning indicated:
(1) "Professional service" means any type of
service to the public which requires that members
of a profession rendering such service obtain a
license or other legal authorization as a
condition precedent to the rendition thereof,
limited to the professional services rendered by
dentists, natureopaths, osteopaths,
chiropractors, physicians and surgeons, doctors
of dentistry, physical therapists, occupational
therapists, podiatrists, optometrists, nurses,
veterinarians, pharmacists, architects,
professional engineers, or jointly by architects
and professional engineers, landscape architects,
certified public accountants and public
accountants, land surveyors, psychologists and
attorneys-at-law.
(2) "Professional corporation" means a
corporation which is organized under this chapter
for the sole and specific purpose of rendering
professional service and which has as its
shareholders only individuals who themselves are
licensed or otherwise legally authorized [within
this state] to render the same professional
service as the corporation.
(3) "Shareholder" means the holder of any
shares of the capital stock of a professional
corporation. The shareholders of a professional
corporation may be designated as "members" in its
certificate of incorporation, bylaws and other
corporate documents and may be referred to, for
all purposes, as "members", whether or not so
designated; and, the term "shareholder" or
"shareholders", when used in the general statutes
in reference to the shareholders of a professional
corporation, shall include such "members".
Sec. 6. Section 33-182c of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any person or group of persons licensed or
otherwise legally authorized to render the same
professional services [within this state] may
organize and become a shareholder or shareholders
of a professional corporation for profit under the
provisions of chapter 599, for the sole and
specific purpose of rendering the same
professional service.
(b) PERSONS LICENSED TO RENDER THE SAME
PROFESSIONAL SERVICES IN ANOTHER JURISDICTION
SHALL NOT BE SHAREHOLDERS, DIRECTORS OR OFFICERS
OF A PROFESSIONAL CORPORATION IF SUCH PERSONS (1)
UNLAWFULLY PRACTICE THEIR PROFESSION IN THIS
STATE, OR (2) DIRECT OR CONTROL ANY PERSON
LICENSED TO PRACTICE SUCH PROFESSION IN THIS STATE
CONCERNING THE DELIVERY OF PROFESSIONAL SERVICES
OR THE EXERCISE OF PROFESSIONAL JUDGMENT.
Sec. 7. Section 33-182g of the general
statutes is repealed and the following is
substituted in lieu thereof:
No corporation organized under the provisions
of this chapter may issue any of its capital stock
or permit the transfer of its capital stock on its
books to any one other than a person [who is
licensed or otherwise legally authorized to render
the same specific professional services as those
for which the corporation was incorporated]
SPECIFIED IN SECTION 33-182c, AS AMENDED BY
SECTION 6 OF THIS ACT, or the personal
representative or estate of a deceased or legally
incompetent shareholder. No shareholder of a
corporation organized under this chapter shall
enter into a voting trust agreement or any other
type of agreement vesting another person, other
than one [who is licensed or otherwise legally
authorized to render the same specific
professional services as those for which the
corporation was incorporated] SPECIFIED IN SECTION
33-182c, AS AMENDED BY SECTION 6 OF THIS ACT, with
the authority to exercise the voting power of any
or all of his stock. When the failure of a
corporation to comply with this section is brought
to the attention of the office of the secretary of
the state, said secretary forthwith shall certify
that fact to the attorney general for appropriate
action to dissolve the corporation.
Sec. 8. (NEW) A foreign professional
corporation transacting business in this state
shall obtain a certificate of authority pursuant
to section 33-396 of the general statutes.
Sec. 9. Subsection (2) of section 50a-101 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(2) The provisions of this chapter, except
sections 50a-108, 50a-109, 50a-135 and 50a-136,
apply only [to arbitration agreements entered into
on or after October 1, 1989, and] if the place of
arbitration is in this state.
Sec. 10. (NEW) Sections 11 to 13, inclusive,
of this act may be cited as the Conflict of
Jurisdictions Model Law.
Sec. 11. (NEW) (a) In cases where two or more
proceedings arising out of the same transaction or
occurrence were pending, the courts of this state
shall enforce in accordance with the provisions of
chapter 861 of the general statutes the judgments
of any of such courts only if application for
designation of an adjudicating forum was timely
made to the first known court of competent
jurisdiction where such a proceeding was
commenced, or to the adjudicating forum after its
selection, or to any court of competent
jurisdiction if the foregoing courts were not
courts of competent jurisdiction.
(b) An application for designation of an
adjudicating forum is timely if made within six
months of reasonable notice of two such
proceedings, or of reasonable notice of the
selection of an adjudicating forum.
(c) The determination of the adjudicating
forum is binding for the purpose of enforcement of
judgments in this state upon any person served
with notice of an application to designate. The
courts of this state shall enforce the judgments
of the designated adjudicating forum in accordance
with the provisions of chapter 861 of the general
statutes. The selection of the adjudicating forum
shall be accorded presumptive validity in this
state if the written decision determining the
adjudicating forum evaluated the substance of the
factors set forth in section 12 of this act.
(d) Where no conclusive determination has
been made by another court as provided in this
section, the proper adjudicating forum shall be
determined in accordance with sections 12 and 13
of this act by the courts of this state requested
to enforce the judgment.
Sec. 12. (NEW) A determination of the
adjudicating forum shall be made in consideration
of the following factors:
(1) The interests of justice among the
parties and of world-wide justice;
(2) The public policies of the countries
having jurisdiction of the dispute, including the
interest of the affected courts in having
proceedings take place in their respective forums;
(3) The place of occurrence, and of any
effects, of the transaction or occurrence out of
which the dispute arose;
(4) The nationality of the parties;
(5) Substantive law likely to be applicable
and the relative familiarity of the affected
courts with that law;
(6) The availability of a remedy and the
forum likely to render the most complete relief;
(7) The impact of the litigation on the
judicial systems of the courts involved, and the
likelihood of prompt adjudication in the court
selected;
(8) Location of witnesses and availability of
compulsory process;
(9) Location of documents and other evidence
and ease or difficulty associated with obtaining,
reviewing or transporting such evidence;
(10) Place of first filing and connection of
such place to the dispute;
(11) The ability of the designated forum to
obtain jurisdiction over the persons and property
that are the subject of the proceedings;
(12) Whether designation of an adjudicating
forum is a superior method to parallel proceedings
in adjudicating the dispute;
(13) The nature and extent of litigation that
has proceeded over the dispute and whether a
designation of an adjudicating forum will unduly
delay or prejudice the adjudication of the rights
of the original parties; and
(14) A realigned plaintiff's choice of forum
should rarely be disturbed.
Sec. 13. (NEW) (a) The court may consider any
evidence admissible in the adjudicating forum or
other court of competent jurisdiction, including
but not limited to:
(1) Affidavits or declarations;
(2) Treaties to which the state of either
forum is a party;
(3) Principles of customary international
law;
(4) Testimony of fact or expert witnesses;
(5) Diplomatic notes or amicus submissions
from the state of the adjudicating forum or other
court of competent jurisdiction; and
(6) Statements of public policy by the state
of the adjudicating forum or other court of
competent jurisdiction set forth in legislation,
executive or administrative action, learned
treatises, or participation in intergovernmental
organizations.
(b) Reasonable written notice shall be given
by any party seeking to raise an issue concerning
the law of a forum of competent jurisdiction other
than the adjudicating forum. In deciding questions
of the law of another forum, the court may
consider any relevant material or source,
including testimony, whether or not admissible.
Sec. 14. (NEW) (a) (1) A person who desires
to perpetuate testimony regarding any matter that
may be cognizable in the superior court may file a
verified petition in the superior court for the
judicial district of the residence of any expected
adverse party. The petition shall be entitled in
the name of the petitioner and shall show: (A)
That the petitioner expects to be a party to an
action cognizable in the superior court but is
presently unable to bring it or cause it to be
brought, (B) the subject matter of the expected
action and the petitioner's interest therein, (C)
the facts which the petitioner desires to
establish by the proposed testimony and the
reasons for desiring to perpetuate it, (D) the
names or a description of the persons the
petitioner expects will be adverse parties and
their addresses so far as known, and (E) the names
and addresses of the persons to be examined and
the substance of the testimony which the
petitioner expects to elicit from each, and shall
ask for an order authorizing the petitioner to
take the depositions of the persons to be examined
named in the petition, for the purpose of
perpetuating their testimony.
(2) The petitioner shall thereafter serve a
notice upon each person named in the petition as
an expected adverse party, together with a copy of
the petition, stating that the petitioner will
apply to the court, at a time and place named
therein, for the order described in the petition.
At least twenty days before the date of hearing
the notice shall be served in the manner provided
by section 52-57 of the general statutes; but if
such service cannot with due diligence be made
upon any expected adverse party named in the
petition, the court may make such order as is
just for service by publication or otherwise, and
shall appoint, for persons not served in the
manner provided by section 52-57 of the general
statutes, an attorney who shall represent them,
and, in case they are not otherwise represented,
shall cross-examine the deponent.
(3) If the court is satisfied that the
perpetuation of the testimony may prevent a
failure or delay of justice, it shall make an
order designating or describing the persons whose
depositions may be taken and specifying the
subject matter of the examination and whether the
depositions shall be taken upon oral examination
or written interrogatories. The depositions may
then be taken in accordance with this section; and
the court may make orders for the production of
documents and things and the entry upon land for
inspection and other purposes, and for the
physical or mental examination of persons. For
the purpose of applying this section to
depositions for perpetuating testimony, each
reference in this section to the court in which
the action is pending shall be deemed to refer to
the court in which the petition for such
deposition was filed.
(4) If a deposition to perpetuate testimony is
taken under this section, it may be used in any
action involving the same subject matter
subsequently brought in the superior court.
(b) If an appeal has been taken from a
judgment of the superior court or before the
taking of an appeal if the time therefor has not
expired, the superior court in which the judgment
was rendered may allow the taking of the
depositions of witnesses to perpetuate their
testimony for use in the event of further
proceedings in the appellate or supreme court. In
such case the party who desires to perpetuate the
testimony may make a motion in the superior court
for leave to take the depositions, upon the same
notice and service thereof as if the action was
pending in the superior court. The motion shall
show (1) the names and addresses of persons to be
examined and the substance of the testimony which
the party expects to elicit from each; and (2) the
reasons for perpetuating their testimony. If the
court finds that the perpetuation of the testimony
is proper to avoid a failure or delay of justice,
it may make an order allowing the depositions to
be taken and may make orders for the production of
documents and things and the entry upon land for
inspection and other purposes, and for the
physical or mental examination of persons, and
thereupon the depositions may be taken and used in
the same manner and under the same conditions as
are prescribed in this section for depositions
taken in actions pending in the superior court.