Substitute Senate Bill No. 1016
Substitute Senate Bill No. 1016
PUBLIC ACT NO. 97-40
AN ACT CONCERNING COURT OPERATIONS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (d) of section 13b-42
of the general statutes is repealed and the
following is substituted in lieu thereof:
(d) In connection with the purchase or taking
by the commissioner of any such property in a
municipality, the commissioner shall file with the
chief executive officer or first selectman of the
municipality a written statement finding that the
purchase or taking is necessary, setting forth the
reasons supporting such finding and requesting
approval by the municipality of the purchase or
taking, which approval shall be by vote of the
municipality at a referendum held at the next
regular election held in the municipality. If the
municipality by vote disapproves the purchase or
taking, the commissioner may, within thirty days
following the vote, appeal to the superior court
for the judicial district in which the
municipality is located and the appeal shall be
accorded a privileged status. [on the docket and
trial list.] The court shall, after hearing,
determine whether the commissioner has proven the
necessity for the purchase or taking and the
burden of proving such necessity shall be upon the
commissioner. If the court after hearing, deems
that the commissioner has not sustained such
burden of proof, the court shall enter judgment
for, and may award reasonable costs to, the
municipality. If the court, after hearing,
determines that the commissioner has sustained
such burden of proof, the court may set aside the
action of the municipality disapproving the
purchase or taking and may enter an order upon
terms and conditions that it deems appropriate to
safeguard the rights of the parties and the
public. After a purchase or taking has been
legally approved, or its disapproval has been set
aside by the Superior Court, the state may proceed
with the purchase or taking upon paying just
compensation to the municipality. In case the
state cannot agree with the municipality upon the
amount of the compensation, the amount shall be
determined in the manner prescribed in section
48-12. An appeal from the amount so determined
shall not act as a stay of the purchase or taking.
Sec. 2. Subsection (d) of section 13b-44 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) If the municipality fails or neglects to
act upon a request for approval within sixty days
after the receipt thereof by its chief executive
officer or first selectman, the municipality shall
be deemed to have approved of such establishment
or expansion. If the municipality by vote
disapproves of the establishment or expansion, the
commissioner may, within thirty days following
such vote, appeal to the superior court for the
judicial district in which the municipality is
located and the appeal shall be accorded a
privileged status. [on the docket and trial list.]
The court shall, after hearing, determine whether
the commissioner has proven the necessity for the
establishment or expansion of an airport within
the municipality and the burden of proving such
necessity shall be upon the commissioner. If the
court, after hearing, determines that the
commissioner has not sustained such burden of
proof, the court shall enter judgment for, and may
award reasonable costs to, the municipality. If
the court, after hearing, determines that the
commissioner has sustained such burden of proof,
the court may set aside the action of the
municipality disapproving the establishment or
expansion and may enter such order upon such terms
and conditions as it deems appropriate to
safeguard the rights of the parties and the
public.
Sec. 3. Section 51-36 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The Chief Court Administrator may cause
any and all court records, papers or documents
other than records concerning title to land,
required to be retained indefinitely or for a
[defined] period of time DEFINED by (1) rules of
court, [or] (2) directives promulgated by the
Office of the Chief Court Administrator or (3)
statute, to be microfilmed. The device used to
reproduce such records on film shall be one which
accurately reproduces the original thereof in
detail. Such microfilm shall be considered and
treated the same as the original records, papers
or documents, provided a certificate of
authenticity appears on each roll of microfilm. A
transcript, exemplification or certified copy
thereof shall for all purposes be deemed to be a
transcript, exemplification or certified copy of
the original. The original court records, papers
or documents so reproduced may be disposed of in
such manner as approved by the Office of the Chief
Court Administrator. For purposes of this
subsection, microfilm shall include microcard,
microfiche, microphotograph, ELECTRONIC MEDIUM or
any other process which actually reproduces or
forms a durable medium for so reproducing the
original.
(b) Any judge of the Superior Court may order
that official records of evidence or judicial
proceedings in said court, the Court of Common
Pleas or the Circuit Court, INCLUDING OFFICIAL
NOTES AND TAPES OF EVIDENCE OR JUDICIAL
PROCEEDINGS CONCERNING TITLE TO LAND, taken more
than [ten] SEVEN years prior to the date of such
order by any stenographer or official court
reporter, be destroyed by the person having the
custody thereof.
(c) All court records other than records
concerning title to land may be destroyed in
accordance with rules of court. Records concerning
title to land shall not be subject to any such
destruction, EXCEPT THAT OFFICIAL NOTES AND TAPES
OF EVIDENCE OR JUDICIAL PROCEEDINGS CONCERNING
TITLE TO LAND MAY BE DESTROYED. All court records
may be transferred to any agency of this state or
to any federal agency in accordance with rules of
court or directives promulgated by the Office of
the Chief Court Administrator, provided records in
any action concerning title to land terminated by
a final judgment affecting any right, title or
interest in real property shall be retained for
not less than forty years in the office of the
clerk of the court location in which the judgment
was rendered. Any other Judicial Department books,
records, papers or documents may be destroyed or
transferred to any agency of this state or to any
federal agency in accordance with directives
promulgated by the Office of the Chief Court
Administrator.
Sec. 4. Subsection (b) of section 51-164n of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Notwithstanding any provision of the
general statutes to the contrary, any person who
is alleged to have committed (1) a violation under
the provisions of section 1-9, 1-10, 1-11, 4b-13,
7-13, 7-14, 7-18, 7-35, 7-41, 7-83, 7-104, 7-283,
7-325, 7-393, 8-25, 8-27, 9-63, 9-296, 9-305,
9-322, 9-350, 10-193, 10-197, 10-198, 10-230,
10-251, 10-254, 12-52, 12-170aa, 12-292, 12-326g,
subsection (4) of section 12-408, subsection (3),
(5) or (6) of section 12-411, section 12-435c,
12-476a, 12-476b, 12-487, 13a-71, 13a-107,
13a-113, 13a-114, 13a-115, 13a-117b, 13a-123,
13a-124, 13a-139, 13a-140, 13a-143b, 13a-247,
13a-253, subsection (f) of section 13b-42, section
13b-90, 13b-221, 13b-224, 13b-292, 13b-336,
13b-337, 13b-338, 13b-410a, 13b-410b, 13b-410c,
subsection (a), (b) or (c) of section 13b-412,
section 13b-414, subsection (d) of section 14-12,
section 14-20a, 14-27a, subsection (e) of section
14-34a, subsection (d) of section 14-35, section
14-43, 14-49, 14-50a, 14-58, subsection (b) of
section 14-66, section 14-66a, 14-66b, 14-67a,
subsection (f) of section 14-80h, section 14-97a,
subsection (c) of section 14-100a, section
14-100b, 14-103a, 14-106a, 14-106c, 14-146,
14-152, 14-153, 14-163b, section 14-219 specified
in subsection (e) of said section, section 14-240,
14-249, 14-250, subsection (a), (b) or (c) of
section 14-261a, section 14-267a, 14-269, 14-270,
14-275a, 14-278, 14-279, subsection (e) of section
14-283, section 14-291, 14-293b, 14-319, 14-320,
14-321, 14-325a, 14-326, 14-330, 14-332a,
subdivision (1), (2) or (3) of section 14-386a,
section 15-33, subsection (a) of section 15-115,
section 16-256, 16-256e, 16a-15, 16a-22,
subsection (a) or (b) of section 16a-22h, section
17a-24, 17a-145, 17a-149, 17a-152, 17a-465,
17a-642, 17b-124, 17b-131, 17b-137, 17b-407,
17b-451, 17b-734, subsection (b) of section
17b-736, 19a-30, 19a-33, 19a-39, 19a-87,
subsection (b) of section 19a-87a, section 19a-91,
19a-105, 19a-107, 19a-108, 19a-215, 19a-219,
19a-222, 19a-224, 19a-286, 19a-287, 19a-297,
19a-301, 19a-309, 19a-335, 19a-336, 19a-338,
19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14,
20-158, 20-231, 20-257, 20-265, 20-324e,
subsection (a) of section 20-341, section 20-341l,
20-597, 20-608, 20-610, 21-30, 21-38, 21-39,
21-43, 21-47, 21-48, 21-63, 21-76a, 21a-21,
21a-25, 21a-26, 21a-30, 21a-31, subsection (a) of
section 21a-37, section 21a-46, 21a-60, 21a-61,
21a-63, 21a-77, 21a-78, subsection (b) of section
21a-79, section 21a-85, 21a-154, 21a-159, 21a-201,
21a-211, 22-13, 22-14, 22-15, 22-16, 22-29, 22-34,
22-35, 22-36, 22-37, 22-38, 22-39, 22-39a, 22-39b,
22-39c, 22-39d, 22-39e, 22-49, 22-54, 22-61,
22-89, 22-90, 22-98, 22-99, 22-100, 22-111o,
22-118i, 22-123, 22-279, 22-280a, 22-318a,
22-320h, 22-324a, 22-326, 22-342, subsection (b)
or (e) of section 22-344, section 22-359, 22-366,
22-379, 22-380, 22-391, 22-413, 22-414, 22-415,
22a-66a, 22a-246, subsection (a) of section
22a-250, subsection (e) of section 22a-256h,
section 22a-449, 22a-461, 23-37, 23-38, 23-46,
23-61b, subsection (a) or (b) of section 23-65,
section 25-37, 25-40, 26-19, 26-21, 26-31, 26-40,
26-40a, 26-49, 26-54, 26-59, 26-61, 26-64, 26-79,
26-89, 26-97, 26-107, 26-117, 26-128, 26-131,
26-132, 26-138, 26-141, 26-207, 26-215, 26-221,
26-222, 26-224a, 26-227, 26-230, 26-234, 26-267,
26-269, 26-294, 28-13, 29-6a, 29-109, 29-118,
29-161a, 29-161b, 29-198, 29-210, 29-243, 29-277,
29-316, 29-318, 29-341, 29-381, 30-48a, 30-86a,
31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15,
31-16, 31-18, 31-23, 31-24, 31-25, 31-28, 31-32,
31-36, 31-38, 31-38a, 31-40, 31-44, 31-47, 31-48,
31-51, 31-51k, 31-52, 31-52a, 31-54, subsection
(a) or (c) of section 31-69, section 31-70, 31-74,
31-75, 31-76, 31-76a, 31-89b, 31-134, subsection
(g) of section 31-273, section 31-288, 36a-787,
42-230, 44-3, 45a-450, 45a-634, 45a-658,
subdivision (13) or (14) of section 46a-54,
section 46a-59, 46b-22, 46b-24, 46b-34, 47-34a,
47-47, 49-8a, 49-16, 53-133, subsection (a) or (b)
of section 53-211, section 53-212a, 53-249a,
53-252, 53-264, 53-301, 53-302a, 53-303e, 53-311a,
53-321, 53-322, 53-323, 53-331, 53-344 or 53-450,
or (2) a violation under the provisions of chapter
268, or (3) a violation of any regulation adopted
in accordance with the provisions of section
12-484, 12-487 or 13b-410, shall follow the
procedures set forth in this section.
Sec. 5. Section 52-434 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) (1) Each judge of the Supreme Court, each
judge of the Appellate Court, each judge of the
Superior Court and each judge of the Court of
Common Pleas who ceases or has ceased to hold
office because of retirement other than under the
provisions of section 51-49 and who is an elector
and a resident of this state shall be a state
referee for the remainder of his term of office as
a judge and shall be eligible for appointment as a
state referee during the remainder of his life in
the manner prescribed by law for the appointment
of a judge of the court of which he is a member.
The Superior Court may refer any civil, nonjury
case or with the written consent of the parties or
their attorneys, any civil jury case pending
before the court in which the issues have been
closed to such a state referee who shall have and
exercise the powers of the Superior Court in
respect to trial, judgment and appeal in the case.
The Superior Court may, with the consent of the
parties or their attorneys, refer any criminal
case to such a state referee who shall have and
exercise the powers of the Superior Court in
respect to trial, judgment, sentencing and appeal
in the case. (2) Each judge of the Circuit Court
who has ceased to hold office because of
retirement other than under the provisions of
section 51-49 and who is an elector and a resident
of this state shall be a state referee for the
remainder of his term of office as a judge and
shall be eligible for appointment as a state
referee during the remainder of his life in the
manner prescribed by law for the appointment of a
judge of the court of which he is a member, to
whom the Superior Court may, with the written
consent of the parties or their attorneys, refer
any case pending in court in which the issues have
been closed and which the judges of the Superior
Court may establish by rule to be the kind of case
which may be heard by such referees. The referee
shall hear any such case so referred and report
the facts to the court by which the case was
referred. (3) Each judge of the Juvenile Court who
ceases or has ceased to hold office because of
retirement other than under the provisions of
section 51-49 and who is an elector and a resident
of this state shall be a state referee for the
remainder of his term of office as a judge and
shall be eligible for appointment as a state
referee during the remainder of his life in the
manner prescribed by law for the appointment of a
judge of the court of which he is a member, to
whom a judge before whom any juvenile matter is
pending may, with the written consent of the child
concerned, either of his parents or his guardian
or his attorney, refer any juvenile matter
pending. The referee shall hear any matter so
referred and report the facts to the court for the
district from which the matter was referred. (4)
In addition to the state referees who are
appointed pursuant to subdivision (1), (2) or (3)
of this subsection, the Chief Justice may appoint,
from qualified members of the bar of the state,
who are electors and residents of this state, as
many state referees as he may from time to time
deem advisable or necessary. No appointment of a
member of the bar may be for a term of more than
[one year] THREE YEARS. Notwithstanding the
provisions of subsection (f) of this section,
state referees appointed by the Chief Justice from
members of the bar shall receive such reasonable
compensation and expenses as may be determined by
the Chief Justice.
(b) The Chief Justice may designate, from
among the state referees, judge trial referees to
whom criminal and civil cases and juvenile matters
may be referred. Criminal cases and civil cases of
an adversary nature shall be referred only to
state referees who are designated as trial
referees. Juvenile matters shall be referred only
to trial referees who are specifically designated
to hear juvenile cases. No such designation may be
for a term of more than one year.
(c) Each hearing by a state referee shall be
held in a suitable room, to be provided by the
Office of the Chief Court Administrator, in a
courthouse in the judicial district where the case
is pending unless the parties or their attorneys
stipulate in writing that the hearing may be held
elsewhere.
(d) Each state referee may have the
attendance of a sheriff or deputy sheriff at any
hearing before him. The sheriff or deputy sheriff
shall receive the same compensation provided for
attendance at regular sessions of the court from
which the case was referred and such compensation
shall be taxed by the state referee in the same
manner as similar costs are taxed by the judges of
the court.
(e) Each state referee may compel the
attendance of any witness summoned to appear
before him at any hearing, in the same manner as
the attendance of any witness may be compelled in
the Superior Court, and may punish for any act of
contempt committed in his presence while engaged
in the hearing in the same manner and to the same
extent as judges of the Superior Court.
(f) Each state referee shall receive, for
acting as a referee or as a single auditor or
committee of any court or for performing duties
assigned by the Chief Court Administrator with the
approval of the Chief Justice, in addition to the
retirement salary, the sum of one hundred sixty
dollars and expenses, including mileage, for each
day a state referee is so engaged, said sums to be
taxed by the court making the reference in the
same manner as other court expenses.
(g) A judge trial referee may participate in
an alternative dispute resolution program approved
by STA-FED ADR, Inc. in any year commencing July
first provided such referee performed the duties
of a judge trial referee or a senior judge for at
least seventy-five days during the preceding year,
except that (1) for the year commencing July 1,
1993, a judge trial referee may participate in
said alternative dispute resolution program
without having performed the duties of a judge
trial referee or senior judge for seventy-five
days during the preceding year and (2) a judge
trial referee may participate in said alternative
dispute resolution program from the date such
referee assumes such status, through the
completion of the year commencing July first
following such date without having satisfied the
seventy-five-day requirement. Any [state] JUDGE
TRIAL referee who participates in said alternative
dispute resolution program pursuant to subsection
(g) of section 51-50c without having satisfied the
seventy-five-day requirement set forth in said
subsection shall not be eligible to participate in
said program pursuant to this subsection without
having satisfied the seventy-five-day requirement
set forth in this subsection.
Sec. 6. Section 52-549n of the general
statutes is repealed and the following is
substituted in lieu thereof:
In accordance with the provisions of section
51-14, the judges of the Superior Court may make
such rules as they deem necessary to provide a
procedure in accordance with which the court, in
its discretion, may refer to a fact-finder for
proceedings authorized pursuant to this chapter,
any contract action pending in the Superior Court
in which only money damages are claimed and which
is based upon an express or implied promise to pay
a definite sum, and in which the amount, legal
interest or property in demand is less than
fifteen thousand dollars exclusive of interest and
costs. Such cases may be referred to a fact-finder
only after the CERTIFICATE OF CLOSED pleadings
[have been closed, a trial list claim] has been
filed, no claim for a jury trial has been filed at
the time of reference, and the time prescribed in
section 52-215 for filing a jury trial claim
within thirty days of the return day or within ten
days after the issue of fact has been joined has
expired.
Sec. 7. Section 52-549u of the general
statutes is repealed and the following is
substituted in lieu thereof:
In accordance with the provisions of section
51-14, the judges of the Superior Court may make
such rules as they deem necessary to provide a
procedure in accordance with which the court, in
its discretion, may refer to an arbitrator, for
proceedings authorized pursuant to this chapter,
any civil action in which the amount, legal
interest or property in demand is less than
fifteen thousand dollars exclusive of interest and
costs and in which a claim for a trial by jury and
a [claim for the trial list] CERTIFICATE OF CLOSED
PLEADINGS have been filed.
Sec. 8. Section 54-33c of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The applicant for the search warrant
shall file a copy of the application for the
warrant and all affidavits upon which the warrant
is based with the clerk of the court for the
geographical area within which the search will be
conducted no later than the next business day
following the [issuance] EXECUTION of the warrant.
Prior to the execution and return of the warrant,
the clerk of the court shall not disclose any
information pertaining to the application for the
warrant or any affidavits upon which the warrant
is based. The warrant shall be executed within ten
days and returned with reasonable promptness
consistent with due process of law and shall be
accompanied by a written inventory of all property
seized. A copy of such warrant shall be given to
the owner or occupant of the dwelling, structure,
motor vehicle or place designated therein, or the
person named therein. Within forty-eight hours of
such search, a copy of the application for the
warrant and a copy of all affidavits upon which
the warrant is based shall be given to such owner,
occupant or person. The judge may, by order,
dispense with the requirement of giving a copy of
the affidavits to such owner, occupant or person
at such time if the applicant for the warrant
files a detailed affidavit with the judge which
demonstrates to the judge that (1) the personal
safety of a confidential informant would be
jeopardized by the giving of a copy of the
affidavits at such time, or (2) the search is part
of a continuing investigation which would be
adversely affected by the giving of a copy of the
affidavits at such time, or (3) the giving of such
affidavits at such time would require disclosure
of information or material prohibited from being
disclosed by chapter 959a. If the judge dispenses
with the requirement of giving a copy of the
affidavits at such time, such order shall not
affect the right of such owner, occupant or person
to obtain such copy at any subsequent time. No
such order shall limit the disclosure of such
affidavits to the attorney for a person arrested
in connection with or subsequent to the execution
of a search warrant unless, upon motion of the
prosecuting authority within two weeks of such
person's arraignment, the court finds that the
state's interest in continuing nondisclosure
substantially outweighs the defendant's right to
disclosure.
(b) Any order dispensing with the requirement
of giving a copy of the warrant application and
accompanying affidavits to such owner, occupant or
person within forty-eight hours shall be for a
specific period of time, not to exceed two weeks
beyond the date the warrant is executed. Within
that time period the prosecuting authority may
seek an extension of such period. Upon the
execution and return of the warrant, affidavits
which have been the subject of such an order shall
remain in the custody of the clerk's office in a
secure location apart from the remainder of the
court file.
Sec. 9. Section 51-345 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Except as provided in section 51-348 and
[subsection (b)] SUBSECTIONS (b) TO (g),
INCLUSIVE, of this section, all civil process
shall be made returnable to a judicial district,
as follows:
(1) If all the parties reside outside this
state, to the judicial district where (A) the
injury occurred, (B) the transaction occurred, or
(C) the property is located or lawfully attached.
(2) If the defendant is not a resident, to
the judicial district where the attached property
is located.
(3) If either or both the plaintiff or
defendant are residents of this state, to the
judicial district where either the plaintiff or
defendant resides, except:
(A) If either the plaintiff or the defendant
resides in the town of Manchester, East Windsor,
South Windsor or Enfield, the action may be made
returnable at the option of the plaintiff to
either the judicial district of Hartford-New
Britain or the judicial district of Tolland.
(B) If either the plaintiff or the defendant
resides in the town of Plymouth, the action may be
made returnable at the option of the plaintiff to
either the judicial district of Hartford-New
Britain or the judicial district of Waterbury.
(C) If either the plaintiff or the defendant
resides in the town of Bethany, Milford, West
Haven or Woodbridge, the action may be made
returnable at the option of the plaintiff to
either the judicial district of New Haven or the
judicial district of Ansonia-Milford.
(D) If either the plaintiff or the defendant
resides in the town of Southbury, the action may
be made returnable at the option of the plaintiff
to either the judicial district of Ansonia-Milford
or the judicial district of Waterbury.
(E) If either the plaintiff or defendant
resides in the town of Darien, Greenwich, New
Canaan, Norwalk, Stamford, Weston, Westport or
Wilton, the action may be made returnable at the
option of the plaintiff to either the judicial
district of Stamford-Norwalk or the judicial
district of Fairfield.
(F) If either the plaintiff or defendant
resides in the town of Watertown or Woodbury, the
action may be made returnable at the option of the
plaintiff to either the judicial district of
Waterbury or the judicial district of Litchfield.
(G) If either the plaintiff or defendant
resides in the town of Cromwell, the action may be
made returnable at the option of the plaintiff to
either the judicial district of Hartford-New
Britain or the judicial district of Middlesex.
(b) In all actions involving the title to
land, for trespass to land and to foreclose or
redeem mortgages or liens upon real property,
civil process shall be made returnable to the
judicial district where the real property is
located, either entirely or in part, except:
(1) If the land is located in the town of
Manchester, East Windsor, South Windsor or Enfield
and either the plaintiff or the defendant resides
in the town of Manchester, East Windsor, South
Windsor or Enfield, the action may be made
returnable at the option of the plaintiff to
either the judicial district of Hartford-New
Britain or the judicial district of Tolland.
(2) If the land is located in the town of
Plymouth and either the plaintiff or the defendant
resides in the town of Plymouth, the action may be
made returnable at the option of the plaintiff to
either the judicial district of Hartford-New
Britain or the judicial district of Waterbury.
(3) If the land is located in the town of
Bethany, Milford, West Haven or Woodbridge and
either the plaintiff or the defendant resides in
the town of Bethany, Milford, West Haven or
Woodbridge, the action may be made returnable at
the option of the plaintiff to either the judicial
district of New Haven or the judicial district of
Ansonia-Milford.
(4) If the land is located in the town of
Southbury and either the plaintiff or the
defendant resides in the town of Southbury, the
action may be made returnable at the option of the
plaintiff to either the judicial district of
Ansonia-Milford or the judicial district of
Waterbury.
(5) If the land is located in the town of
Weston, Westport or Wilton and either the
plaintiff or the defendant resides in any one of
these towns, the action may be made returnable at
the option of the plaintiff to either the judicial
district of Stamford-Norwalk or the judicial
district of Fairfield.
(6) If the land is located in the town of
Watertown or Woodbury and either the plaintiff or
the defendant resides in the town of Watertown or
Woodbury, the action may be made returnable at the
option of the plaintiff to either the judicial
district of Waterbury or the judicial district of
Litchfield.
(c) In all actions by a corporation, except
actions made returnable under subsection (b), (d)
OR (g) of this section, civil process shall be
made returnable as follows:
(1) If the plaintiff is either a domestic
corporation or a United States corporation and the
defendant is a resident, either (A) to the
judicial district where the plaintiff has an
office or place of business or (B) to the judicial
district where the defendant resides.
(2) If the plaintiff is either a domestic
corporation or a United States corporation and the
defendant is a corporation, domestic or foreign,
to the judicial district where (A) the plaintiff
has an office or place of business, (B) the injury
occurred, (C) the transaction occurred, or (D) the
property is located or lawfully attached.
(3) If the plaintiff is a foreign corporation
and the defendant is a resident, to the judicial
district where the defendant resides.
(4) If the plaintiff is a foreign corporation
and the defendant is a corporation, domestic or
foreign, to the judicial district where (A) the
injury occurred, (B) the transaction occurred, or
(C) the property is located or lawfully attached.
(d) In all actions involving consumer
transactions, civil process shall be made
returnable to the judicial district where the
[defendant] CONSUMER resides or where the
transaction occurred. For the purposes of this
subsection, consumer transaction means a
transaction in which a natural person obligates
himself to pay for goods sold or leased, services
rendered or moneys loaned for personal, family or
household purposes.
(e) In all actions for the partition or sale
of any property, civil process shall be made
returnable to the judicial district where the
parties, or one of them, reside; but, if none of
them resides in this state, then to the judicial
district where all or a part of the property is
located.
(f) In all actions by a nonresident executor,
trustee under a will or administrator, civil
process shall be made returnable to the same
judicial district as would be proper if the
plaintiff resided in the town where the court of
probate which granted administration is held.
(g) IN SMALL CLAIMS MATTERS, CIVIL PROCESS
SHALL BE MADE RETURNABLE TO A SUPERIOR COURT
FACILITY DESIGNATED BY THE CHIEF COURT
ADMINISTRATOR TO SERVE THE SMALL CLAIMS AREA
WITHIN THE BOUNDARIES OF THE JUDICIAL DISTRICT
WHERE THE PLAINTIFF RESIDES, WHERE THE DEFENDANT
RESIDES OR IS DOING BUSINESS OR WHERE THE
TRANSACTION OR INJURY OCCURRED.
Sec. 10. Section 51-345 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Except as provided in section 51-348, AS
AMENDED BY SECTIONS 15 AND 16 OF THIS ACT and
[subsection (b)] SUBSECTIONS (b) TO (g),
INCLUSIVE, of this section, all civil process
shall be made returnable to a judicial district,
as follows:
(1) If all the parties reside outside this
state, to the judicial district where (A) the
injury occurred, (B) the transaction occurred, or
(C) the property is located or lawfully attached.
(2) If the defendant is not a resident, to
the judicial district where the attached property
is located.
(3) If either or both the plaintiff or
defendant are residents of this state, to the
judicial district where either the plaintiff or
defendant resides, except:
(A) If either the plaintiff or the defendant
resides in the town of Manchester, East Windsor,
South Windsor or Enfield, the action may be made
returnable at the option of the plaintiff to
either the judicial district of Hartford or the
judicial district of Tolland.
(B) If either the plaintiff or the defendant
resides in the town of Plymouth, the action may be
made returnable at the option of the plaintiff to
either the judicial district of New Britain or the
judicial district of Waterbury.
(C) If either the plaintiff or the defendant
resides in the town of Bethany, Milford, West
Haven or Woodbridge, the action may be made
returnable at the option of the plaintiff to
either the judicial district of New Haven or the
judicial district of Ansonia-Milford.
(D) If either the plaintiff or the defendant
resides in the town of Southbury, the action may
be made returnable at the option of the plaintiff
to either the judicial district of Ansonia-Milford
or the judicial district of Waterbury.
(E) If either the plaintiff or defendant
resides in the town of Darien, Greenwich, New
Canaan, Norwalk, Stamford, Weston, Westport or
Wilton, the action may be made returnable at the
option of the plaintiff to either the judicial
district of Stamford-Norwalk or the judicial
district of Fairfield.
(F) If either the plaintiff or defendant
resides in the town of Watertown or Woodbury, the
action may be made returnable at the option of the
plaintiff to either the judicial district of
Waterbury or the judicial district of Litchfield.
(G) If either the plaintiff or defendant
resides in the town of Avon, Canton, Farmington or
Simsbury, the action may be made returnable at the
option of the plaintiff to either the judicial
district of Hartford or the judicial district of
New Britain.
(H) If either the plaintiff or defendant
resides in the town of Newington, the action may
be made returnable at the option of the plaintiff
to either the judicial district of Hartford or the
judicial district of New Britain, except for
actions where venue is in the geographical area as
provided in section 51-348, AS AMENDED BY SECTIONS
15 AND 16 OF THIS ACT, or in rules of court.
(I) If either the plaintiff or defendant
resides in the town of Cromwell, the action may be
made returnable at the option of the plaintiff to
either the judicial district of Hartford or the
judicial district of Middlesex.
(b) In all actions involving the title to
land, for trespass to land and to foreclose or
redeem mortgages or liens upon real property,
civil process shall be made returnable to the
judicial district where the real property is
located, either entirely or in part, except:
(1) If the land is located in the town of
Manchester, East Windsor, South Windsor or Enfield
and either the plaintiff or the defendant resides
in the town of Manchester, East Windsor, South
Windsor or Enfield, the action may be made
returnable at the option of the plaintiff to
either the judicial district of Hartford or the
judicial district of Tolland.
(2) If the land is located in the town of
Plymouth and either the plaintiff or the defendant
resides in the town of Plymouth, the action may be
made returnable at the option of the plaintiff to
either the judicial district of New Britain or the
judicial district of Waterbury.
(3) If the land is located in the town of
Bethany, Milford, West Haven or Woodbridge and
either the plaintiff or the defendant resides in
the town of Bethany, Milford, West Haven or
Woodbridge, the action may be made returnable at
the option of the plaintiff to either the judicial
district of New Haven or the judicial district of
Ansonia-Milford.
(4) If the land is located in the town of
Southbury and either the plaintiff or the
defendant resides in the town of Southbury, the
action may be made returnable at the option of the
plaintiff to either the judicial district of
Ansonia-Milford or the judicial district of
Waterbury.
(5) If the land is located in the town of
Weston, Westport or Wilton and either the
plaintiff or the defendant resides in any one of
these towns, the action may be made returnable at
the option of the plaintiff to either the judicial
district of Stamford-Norwalk or the judicial
district of Fairfield.
(6) If the land is located in the town of
Watertown or Woodbury and either the plaintiff or
the defendant resides in the town of Watertown or
Woodbury, the action may be made returnable at the
option of the plaintiff to either the judicial
district of Waterbury or the judicial district of
Litchfield.
(7) If the land is located in the town of
Avon, Canton, Farmington or Simsbury and either
the plaintiff or the defendant resides in the town
of Avon, Canton, Farmington or Simsbury, the
action may be made returnable at the option of the
plaintiff to either the judicial district of
Hartford or the judicial district of New Britain.
(8) If the land is located in the town of
Newington and either the plaintiff or the
defendant resides in the town of Newington, the
action may be made returnable at the option of the
plaintiff to either the judicial district of
Hartford or the judicial district of New Britain,
except for actions where venue is in the
geographical area as provided in section 51-348,
AS AMENDED BY SECTIONS 15 AND 16 OF THIS ACT, or
in rules of court.
(c) In all actions by a corporation, except
actions made returnable under subsection (b), (d)
OR (g) of this section, civil process shall be
made returnable as follows:
(1) If the plaintiff is either a domestic
corporation or a United States corporation and the
defendant is a resident, either (A) to the
judicial district where the plaintiff has an
office or place of business or (B) to the judicial
district where the defendant resides.
(2) If the plaintiff is either a domestic
corporation or a United States corporation and the
defendant is a corporation, domestic or foreign,
to the judicial district where (A) the plaintiff
has an office or place of business, (B) the injury
occurred, (C) the transaction occurred, or (D) the
property is located or lawfully attached.
(3) If the plaintiff is a foreign corporation
and the defendant is a resident, to the judicial
district where the defendant resides.
(4) If the plaintiff is a foreign corporation
and the defendant is a corporation, domestic or
foreign, to the judicial district where (A) the
injury occurred, (B) the transaction occurred, or
(C) the property is located or lawfully attached.
(d) In all actions involving consumer
transactions, civil process shall be made
returnable to the judicial district where the
[defendant] CONSUMER resides or where the
transaction occurred. For the purposes of this
subsection, consumer transaction means a
transaction in which a natural person obligates
himself to pay for goods sold or leased, services
rendered or moneys loaned for personal, family or
household purposes.
(e) In all actions for the partition or sale
of any property, civil process shall be made
returnable to the judicial district where the
parties, or one of them, reside; but, if none of
them resides in this state, then to the judicial
district where all or a part of the property is
located.
(f) In all actions by a nonresident executor,
trustee under a will or administrator, civil
process shall be made returnable to the same
judicial district as would be proper if the
plaintiff resided in the town where the court of
probate which granted administration is held.
(g) IN SMALL CLAIMS MATTERS, CIVIL PROCESS
SHALL BE MADE RETURNABLE TO A SUPERIOR COURT
FACILITY DESIGNATED BY THE CHIEF COURT
ADMINISTRATOR TO SERVE THE SMALL CLAIMS AREA
WITHIN THE BOUNDARIES OF THE JUDICIAL DISTRICT
WHERE THE PLAINTIFF RESIDES, WHERE THE DEFENDANT
RESIDES OR IS DOING BUSINESS OR WHERE THE
TRANSACTION OR INJURY OCCURRED.
Sec. 11. Section 51-346 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Process in all civil actions brought to a
judicial district, EXCEPT SMALL CLAIMS AS PROVIDED
IN SUBSECTION (b) OF THIS SECTION, shall be made
returnable as follows:
(1) If brought to the judicial district of
Ansonia-Milford, to the court at Ansonia or
Milford as the plaintiff elects;
(2) If brought to the judicial district of
Danbury, to the court at Danbury;
(3) If brought to the judicial district of
Fairfield, to the court at Bridgeport;
(4) If brought to the judicial district of
Hartford-New Britain, to the court at Hartford,
Bristol or New Britain as the plaintiff elects;
(5) If brought to the judicial district of
Litchfield, to the courthouse for the judicial
district of Litchfield;
(6) If brought to the judicial district of
Middlesex, to the court at Middletown;
(7) If brought to the judicial district of
New Haven, to the court at New Haven or Meriden as
the plaintiff elects;
(8) If brought to the judicial district of
New London, to the court at New London or Norwich
as the plaintiff elects;
(9) If brought to the judicial district of
Stamford-Norwalk, to the court at Stamford;
(10) If brought to the judicial district of
Tolland, to the court at Rockville;
(11) If brought to the judicial district of
Waterbury, to the court at Waterbury;
(12) If brought to the judicial district of
Windham, to the court at Putnam or Willimantic as
the plaintiff elects.
(b) SMALL CLAIMS MATTERS SHALL BE MADE
RETURNABLE TO THE SUPERIOR COURT FACILITY
DESIGNATED BY THE CHIEF COURT ADMINISTRATOR TO
HANDLE SMALL CLAIMS MATTERS, EXCEPT THAT SMALL
CLAIMS HOUSING MATTERS, AS DEFINED IN SECTION
47a-68, SHALL BE ASSIGNED IN ACCORDANCE WITH
SECTION 47a-70, WHERE APPLICABLE.
[(b)] (c) Cases brought or taken to any
location of the Superior Court may be assigned for
trial at such location or at any other authorized
court location within the judicial district.
Sec. 12. Section 51-346 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Process in all civil actions brought to a
judicial district, EXCEPT SMALL CLAIMS AS PROVIDED
IN SUBSECTION (b) OF THIS SECTION, shall be made
returnable as follows:
(1) If brought to the judicial district of
Ansonia-Milford, to the court at Ansonia or
Milford as the plaintiff elects;
(2) If brought to the judicial district of
Danbury, to the court at Danbury;
(3) If brought to the judicial district of
Fairfield, to the court at Bridgeport;
(4) If brought to the judicial district of
Hartford, to the court at Hartford;
(5) If brought to the judicial district of
Litchfield, to the courthouse for the judicial
district of Litchfield;
(6) If brought to the judicial district of
Middlesex, to the court at Middletown;
(7) If brought to the judicial district of
New Britain, to the court at New Britain or
Bristol as the plaintiff elects;
(8) If brought to the judicial district of
New Haven, to the court at New Haven or Meriden as
the plaintiff elects;
(9) If brought to the judicial district of
New London, to the court at New London or Norwich
as the plaintiff elects;
(10) If brought to the judicial district of
Stamford-Norwalk, to the court at Stamford;
(11) If brought to the judicial district of
Tolland, to the court at Rockville;
(12) If brought to the judicial district of
Waterbury, to the court at Waterbury;
(13) If brought to the judicial district of
Windham, to the court at Putnam or Willimantic as
the plaintiff elects.
(b) SMALL CLAIMS MATTERS SHALL BE MADE
RETURNABLE TO THE SUPERIOR COURT FACILITY
DESIGNATED BY THE CHIEF COURT ADMINISTRATOR TO
HANDLE SMALL CLAIMS MATTERS, EXCEPT THAT SMALL
CLAIMS HOUSING MATTERS, AS DEFINED IN SECTION
47a-68, SHALL BE ASSIGNED IN ACCORDANCE WITH
SECTION 47a-70, WHERE APPLICABLE.
[(b)] (c) Cases brought or taken to any
location of the Superior Court may be assigned for
trial at such location or at any other authorized
court location within the judicial district.
Sec. 13. Section 51-347 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) [Any] EXCEPT AS PROVIDED IN SUBSECTION
(b) OF THIS SECTION, ANY writ returnable to a
judicial district and any motion, pleading or
appearance shall be filed with the clerk of the
judicial district to which the writ is returnable
as follows:
(1) At the courthouse for the judicial
district of Ansonia-Milford if returnable to the
judicial district of Ansonia-Milford at Ansonia or
Milford;
(2) At Danbury if returnable to the judicial
district of Danbury;
(3) At Bridgeport if returnable to the
judicial district of Fairfield;
(4) (A) At Hartford if returnable to the
judicial district of Hartford-New Britain at
Hartford, (B) at New Britain if returnable to the
judicial district of Hartford-New Britain at New
Britain or Bristol;
(5) At the courthouse for the judicial
district of Litchfield if returnable to the
judicial district of Litchfield;
(6) At Middletown if returnable to the
judicial district of Middlesex;
(7) (A) At New Haven if returnable to the
judicial district of New Haven at New Haven, (B)
at Meriden if returnable to the judicial district
of New Haven at Meriden;
(8) (A) At New London if returnable to the
judicial district of New London at New London, (B)
at Norwich if returnable to the judicial district
of New London at Norwich;
(9) At Stamford if returnable to the judicial
district of Stamford-Norwalk;
(10) At Rockville if returnable to the
judicial district of Tolland;
(11) At Waterbury if returnable to the
judicial district of Waterbury;
(12) At Putnam if returnable to the judicial
district of Windham at Putnam or Willimantic.
(b) SMALL CLAIMS MATTERS WRITS AND ANY MOTION,
APPEARANCE, PLEADING OR OTHER DOCUMENT SHALL BE
FILED WITH THE CLERK AT THE COURT TO WHICH THEY
ARE RETURNABLE.
Sec. 14. Section 51-347 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) [Any] EXCEPT AS PROVIDED IN SUBSECTION
(b) OF THIS SECTION, ANY writ returnable to a
judicial district and any motion, pleading or
appearance shall be filed with the clerk of the
judicial district to which the writ is returnable
as follows:
(1) At the courthouse for the judicial
district of Ansonia-Milford if returnable to the
judicial district of Ansonia-Milford at Ansonia or
Milford;
(2) At Danbury if returnable to the judicial
district of Danbury;
(3) At Bridgeport if returnable to the
judicial district of Fairfield;
(4) At Hartford if returnable to the judicial
district of Hartford;
(5) At the courthouse for the judicial
district of Litchfield if returnable to the
judicial district of Litchfield;
(6) At Middletown if returnable to the
judicial district of Middlesex;
(7) At New Britain if returnable to the
judicial district of New Britain at New Britain or
Bristol;
(8) (A) At New Haven if returnable to the
judicial district of New Haven at New Haven, (B)
at Meriden if returnable to the judicial district
of New Haven at Meriden;
(9) (A) At New London if returnable to the
judicial district of New London at New London, (B)
at Norwich if returnable to the judicial district
of New London at Norwich;
(10) At Stamford if returnable to the
judicial district of Stamford-Norwalk;
(11) At Rockville if returnable to the
judicial district of Tolland;
(12) At Waterbury if returnable to the
judicial district of Waterbury;
(13) At Putnam if returnable to the judicial
district of Windham at Putnam or Willimantic.
(b) SMALL CLAIMS MATTERS WRITS AND ANY MOTION,
APPEARANCE, PLEADING OR OTHER DOCUMENT SHALL BE
FILED WITH THE CLERK AT THE COURT TO WHICH THEY
ARE RETURNABLE.
Sec. 15. Section 51-348 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The geographical areas of the Court of
Common Pleas established pursuant to section
51-156a, revised to 1975, shall be the
geographical areas of the Superior Court on July
1, 1978. The Chief Court Administrator, after
consultation with the judges of the Superior
Court, may alter the boundary of any geographical
area to provide for a new geographical area
provided that each geographical area so altered or
so authorized shall remain solely within the
boundary of a single judicial district.
(b) Such geographical areas shall serve for
purposes of establishing venue for the following
matters: (1) The presentment of defendants in
motor vehicle matters; (2) the arraignment of
defendants in criminal matters; (3) [small claims
matters; (4)] housing matters as defined in
section 47a-68, except that (A) in the judicial
districts of Hartford-New Britain, New Haven,
Fairfield, Waterbury and Stamford-Norwalk, venue
shall be in the judicial district, and (B) in the
judicial district of Ansonia-Milford, venue shall
be in the geographical area unless (i) the
plaintiff requests a change in venue to either the
judicial district of New Haven or the judicial
district of Waterbury, or (ii) the premises are
located in the town of Milford, Orange or West
Haven, in which case venue shall be in the
judicial district of New Haven; [(5)] (4) such
other matters as the judges of the Superior Court
may determine by rule.
(c) For the prompt and proper administration
of judicial business, any matter and any trial can
be heard in any courthouse within a judicial
district, at the discretion of the Chief Court
Administrator, if the use of such courthouse for
such matter or trial is convenient to litigants
and their counsel and is a practical use of
judicial personnel and facilities, except juvenile
matters may be heard as provided in section
46b-122. Whenever practicable family relations
matters shall be heard in facilities most
convenient to the litigants. Housing matters, as
defined in section 47a-68, shall be heard on a
docket separate from other matters within the
judicial districts of Hartford-New Britain, New
Haven, Fairfield, Waterbury and Stamford-Norwalk,
provided in the judicial district of Waterbury
such matters shall be heard by the judge assigned
to hear housing matters in the judicial district
of New Haven, and in the judicial district of
Stamford-Norwalk such matters shall be heard by
the judge assigned to hear housing matters in the
judicial district of Fairfield. The records, files
and other documents pertaining to housing matters
shall be maintained separate from the records,
files and other documents of the court. Matters do
not have to be heard in the facilities to which
the process is returned and the pleadings filed.
Sec. 16. Section 51-348 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The geographical areas of the Court of
Common Pleas established pursuant to section
51-156a, revised to 1975, shall be the
geographical areas of the Superior Court on July
1, 1978. The Chief Court Administrator, after
consultation with the judges of the Superior
Court, may alter the boundary of any geographical
area to provide for a new geographical area
provided that each geographical area so altered or
so authorized shall remain solely within the
boundary of a single judicial district.
(b) Such geographical areas shall serve for
purposes of establishing venue for the following
matters: (1) The presentment of defendants in
motor vehicle matters; (2) the arraignment of
defendants in criminal matters; (3) [small claims
matters; (4)] housing matters as defined in
section 47a-68, except that (A) in the judicial
districts of Hartford, New Britain, New Haven,
Fairfield, Waterbury and Stamford-Norwalk, venue
shall be in the judicial district, and (B) in the
judicial district of Ansonia-Milford, venue shall
be in the geographical area unless (i) the
plaintiff requests a change in venue to either the
judicial district of New Haven or the judicial
district of Waterbury, or (ii) the premises are
located in the town of Milford, Orange or West
Haven, in which case venue shall be in the
judicial district of New Haven; [(5)] (4) such
other matters as the judges of the Superior Court
may determine by rule.
(c) For the prompt and proper administration
of judicial business, any matter and any trial can
be heard in any courthouse within a judicial
district, at the discretion of the Chief Court
Administrator, if the use of such courthouse for
such matter or trial is convenient to litigants
and their counsel and is a practical use of
judicial personnel and facilities, except juvenile
matters may be heard as provided in section
46b-122. Whenever practicable family relations
matters shall be heard in facilities most
convenient to the litigants. Housing matters, as
defined in section 47a-68, shall be heard on a
docket separate from other matters within the
judicial districts of Hartford, New Britain, New
Haven, Fairfield, Waterbury and Stamford-Norwalk,
provided in the judicial district of New Britain
such matters shall be heard by the judge assigned
to hear housing matters in the judicial district
of Hartford, in the judicial district of Waterbury
such matters shall be heard by the judge assigned
to hear housing matters in the judicial district
of New Haven, and in the judicial district of
Stamford-Norwalk such matters shall be heard by
the judge assigned to hear housing matters in the
judicial district of Fairfield. The records, files
and other documents pertaining to housing matters
shall be maintained separate from the records,
files and other documents of the court. Matters do
not have to be heard in the facilities to which
the process is returned and the pleadings filed.
Sec. 17. Section 51-349 of the general
statutes is repealed and the following is
substituted in lieu thereof:
Actions shall be made returnable to
geographical areas as follows:
[(1) In small claims matters, in the
geographical area where the plaintiff resides or
where the defendant resides or is doing business
or where the transaction or injury occurred;]
[(2)] (1) In landlord and tenant matters
arising under chapter 830 or chapter 831, in the
geographical area where the premises are located;
[(3)] (2) In summary process matters, in the
geographical area (A) where the defendant resides
or where the leased premises or trailer is located
or (B) if the defendant is a corporation, where it
has an office or place of business, or (C) if the
defendant is a nonresident where the plaintiff
resides or where the land lies;
[(4)] (3) In matters regarding state and
local health and building code violations, in the
geographical area where the premises are located,
and
[(5)] (4) In any other matter in such
geographical area as is prescribed by statute.
Sec. 18. This act shall take effect September
1, 1997, except that sections 1 to 8, inclusive,
shall take effect October 1, 1997, and sections
10, 12, 14 and 16 shall take effect September 1,
1998.
Approved May 8, 1997