*Cited. 36 CA 155.
Sec. 51-51w. (Formerly Sec. 51-12a). Collection of fees by clerks. Expenses.
Sec. 51-52. General duties of clerks.
Sec. 51-52a. Powers of clerks and clerical assistants.
Sec. 51-53. Clerks to give notice of decrees of court by mail or electronic delivery.
Sec. 51-54. Completing records.
Sec. 51-55. Judgments of default or nonsuit.
Sec. 51-57. Superior Court clerks. Oath. Full-time duties. Criminal defense prohibited.
Sec. 51-58. Court seals. Filing of official seals with Secretary of the State.
Sec. 51-59. Clerks' offices, when open.
Sec. 51-51v. (Formerly Sec. 51-168). Appointment of chief clerks and assistants. Clerk for Centralized Infractions Bureau. Clerks for housing matters. (a) The judges of the Superior Court, at their annual meeting in June, shall appoint: (1) Chief clerks for the judicial districts; (2) deputy chief clerks for those judicial districts designated by an authorized committee of the judges; (3) first assistant clerks for those judicial districts designated by an authorized committee of the judges; (4) clerks for the geographical areas; (5) a clerk for the Centralized Infractions Bureau; and (6) clerks for housing matters, including a chief clerk for housing matters.
(b) The judges of the Superior Court or an authorized committee thereof shall appoint, as is deemed necessary for the efficient operation of the courts, (1) assistant clerks for judicial districts and geographical areas and (2) deputy clerks for those geographical areas designated by the judges of the Superior Court or an authorized committee thereof.
(c) A judge holding a session of the Superior Court may, if he deems it necessary, appoint a temporary assistant clerk or clerks for the Superior Court. A temporary assistant clerk shall hold office for such time as is deemed necessary for the convenient conduct of the business of the court in which he was appointed and may at any time be discharged by the order of the senior acting judge holding court in the district for which he was appointed.
(d) The judges of the Superior Court or an authorized committee of Superior Court judges may, in their discretion, appoint such administrative and clerical personnel as the business of the court requires.
(e) The judges or an authorized committee thereof may fill any vacancy which may occur in the clerks' offices.
(f) The Chief Court Administrator may assign, reassign or modify the assignment of such clerical personnel as he deems necessary for the efficient operation of the courts.
(g) Whenever the word “clerk” is used in the general statutes to mean the clerk of the Superior Court, it shall, except with respect to compensation, be construed to include any chief clerk, deputy chief clerk, deputy clerk, assistant clerk of the court and the clerk of the Centralized Infractions Bureau unless the context otherwise requires.
(1949 Rev., S. 7662, 7663; June, 1955, S. 3132d; 1957, P.A. 445, S. 7; 1963, P.A. 394, S. 2; 1972, P.A. 165, S. 3; June, 1972, P.A. 1, S. 20; P.A. 73-72, S. 1, 2; P.A. 76-436, S. 10a, 36, 681; P.A. 77-576, S. 18, 65; P.A. 78-365, S. 4, 13; 78-379, S. 5, 27; P.A. 79-503, S. 1, 3; P.A. 80-201, S. 1, 9; 80-448, S. 4, 8; P.A. 81-419, S. 6, 11; P.A. 82-248, S. 48; 82-461, S. 5, 15; June Sp. Sess. P.A. 83-25, S. 1, 9; P.A. 84-262, S. 1; 84-441, S. 1, 4; 84-529, S. 1; P.A. 85-414, S. 1, 5; 85-446, S. 1, 6; P.A. 86-403, S. 83, 132; P.A. 87-262, S. 1.)
History: 1963 act authorized assistant clerks to sign process or other documents; 1972 acts included clerks for the judicial district of Waterbury, effective September 5, 1972; P.A. 73-72 required biennial rather than annual appointment of clerks; P.A. 76-436 returned to annual appointment of clerks, clarified appointments to be made by replacing requirement for appointments for each county, judicial district of Waterbury and court at Stamford with provisions of Subdivs. (a) to (e), deleted provision whereby any judge could fill vacancy in office of assistant clerk until next annual meeting of judges or until appointee removed by a special meeting of judges, classified clerks as chief clerks, deputy chief clerks, clerks, deputy clerks and assistant clerks rather than as clerks and assistant clerks, added provision re powers of clerical or administrative assistants, defined “clerk” and authorized chief court administrator to assign, reassign or modify assignment of clerical personnel, effective July 1, 1978; Sec. 51-168 transferred to Sec. 51-51v in the 1977 Court Reorganization Supplement; P.A. 77-576 replaced references to specific counties with references to their replacement judicial districts and deleted general references to counties or substituted “judicial districts” for them as necessary, effective July l, 1978; P.A. 78-365 provided for appointment of chief clerk at Bridgeport and at Stamford for Fairfield judicial district and added provisions re appointment and duties of assistant clerk for housing matters in judicial district of Hartford-New Britain, effective December 1, 1978; P.A. 78-379 reiterated amendment of P.A. 78-365 re appointment of clerks for Fairfield judicial district; P.A. 79-503 added exception re number of clerks for the geographical area including Hartford in Subdiv. (c); P.A. 80-201 deleted provisions re appointment of chief clerk at Bridgeport and at Stamford and appointment of deputy chief clerk “at Bridgeport” for Fairfield judicial district; P.A. 80-448 made position of assistant clerk for housing matters permanent, removing provision whereby said clerk was to serve for 19 months beginning December 1, 1978; P.A. 81-419 increased the number of assistant clerks appointed for housing matters from one to two and provided for the appointment of clerk for the judicial district of New Haven; P.A. 82-248 rephrased and reorganized section, divided section into Subsecs., inserted provisions formerly in Sec. 51-27b re appointment of assistant clerks and clerical personnel, deleted provisions concerning duties of housing clerks and reenacted such provisions as part of Sec. 51-52, deleted provisions concerning the powers of deputy and assistant clerks and reenacted such provisions as part of Sec. 51-52a and deleted a provision concerning the oaths of clerks and reenacted it as part of Sec. 51-57; P.A. 82-461 provided for the appointment of an assistant clerk for housing matters for each of the judicial districts of Fairfield, Waterbury and Stamford-Norwalk; June Sp. Sess. P.A. 83-25 amended Subsec. (a) to provide for the appointment of a chief clerk at New Haven and at Meriden in the judicial district of New Haven and to specify that the assistant clerks for housing matters in the judicial district of New Haven serve “at New Haven”; P.A. 84-262 amended Subsec. (a) to change the name of “assistant clerks for housing matters” to “clerks for housing matters”, to reduce the number of clerks for housing matters for the New Haven judicial district from two to one and to provide for the appointment of one clerk to serve as chief clerk for housing matters and to clarify that housing clerks were to be appointed at judges' annual meeting in June; P.A. 84-441 provided for the appointment of a deputy chief clerk for the Stamford-Norwalk judicial district; P.A. 84-529 amended Subsec. (a) by deleting language requiring annual appointment of assistant clerks by judges of the superior court at their annual meeting in June; P.A. 85-414 amended Subsec. (a) to include a chief clerk at New London and at Norwich in the judicial district of New London, effective December 2, 1985, upon certification of the chief court administrator that courthouse at New London is operational; P.A. 85-446 included clerk for the centralized infractions bureau in appointment provisions and in definition of “clerk”, effective October 1, 1986; P.A. 86-403 revised effective date of P.A. 85-414 but without affecting this section; P.A. 87-262 amended Subsec. (a) to replace provisions concerning the appointment of specific numbers of clerks for specific locations with general provisions concerning the appointment of clerks and to authorize the appointment of first assistant clerks, designated as Subsec. (b) provisions derived from former Subsec. (a) re appointment of assistant clerks and deputy clerks, deleted former Subsec. (b) re appointment of clerks and assistant clerks to be located at each office of the superior court and the staffing of such offices with other clerical personnel, amended Subsec. (d) to change clerical “assistants” to clerical “personnel” and amended Subsec. (e) to delete provision authorizing the judges or a committee to remove any clerk or administrative or clerical assistant.
See Sec. 3-96 re list of Superior Court judges and officials kept by Secretary of the State.
See Sec. 51-57 re court clerks' oath, duties, etc.
See Sec. 51-166 re annual meeting of Superior Court judges.
See Sec. 51-201 re appointment of chief clerk of Supreme Court.
Annotations to former section 51-168:
General duties of clerk of Supreme Court. 70 C. 337. In absence of clerk, his assistant is the clerk; 80 C. 619; he may allow an appeal. 83 C. 136. Act of clerk as act of court; established usage as justifying. 84 C. 458.
Annotation to present section:
Cited. 193 C. 670.
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Sec. 51-51w. (Formerly Sec. 51-12a). Collection of fees by clerks. Expenses. All fees payable by statute to clerks of the Superior Court shall belong to the state and shall be collected by them for its use. The Superior Court, or any judge thereof, may tax in favor of the clerks such sums for expenses and assistance as may be necessary for the maintenance of the courts.
(P.A. 73-635, S. 3; P.A. 74-183, S. 60, 291; P.A. 76-436, S. 38, 681; P.A. 77-576, S. 19, 48, 65; P.A. 78-377, S. 2, 4; P.A. 79-420, S. 1, 2; P.A. 80-201, S. 2, 9; 80-331, S. 1, 3; P.A. 82-248, S. 49; June Sp. Sess. P.A. 83-25, S. 2, 9; P.A. 84-441, S. 2, 4; P.A. 85-414, S. 2, 5; P.A. 86-403, S. 83, 132; P.A. 87-262, S. 2.)
History: P.A. 74-183 included deputy chief clerks of common pleas court in their respective salary categories and established chief clerk of common pleas court as salary group 31, effective December 31, 1974; P.A. 76-436 amended section to remove distinctions between common pleas and superior court clerks and to remove provision re salary of chief clerk of common pleas court, reflecting transfer of common pleas court functions to superior court, and added provision re salary of chief clerk for judicial district of Ansonia-Milford, effective July 1, 1978; Sec. 51-12a transferred to Sec. 51-51w in the 1977 Court Reorganization Supplement; P.A. 77-576 amended section to refer to judicial districts rather than counties and to raise salary groups in all cases by two levels, except that chief clerk of Ansonia-Milford judicial district rose from salary group 27 to group 31 and chief clerk for Litchfield judicial district rose from group 28 to group 31, effective July 1, 1978; P.A. 78-377 changed effective date of P.A. 77-576, S. 48 from July 1, 1978, to January 1, 1979; P.A. 79-420 raised salary group for chief clerk of Hartford-New Britain judicial district from 27 to 31, effective June 12, 1979, and retroactive to January 1, 1979; P.A. 80-201 replaced chief clerk of judicial district of Fairfield with chief clerk of judicial district of Stamford-Norwalk in salary group 32; P.A. 80-331 raised chief clerks of New Haven and Fairfield from group 33 to group 35 and deputy chief clerks for those districts from group 32 to group 33 and included chief clerk for judicial district of Danbury in group 31; P.A. 82-248 reworded section, divided section into Subsecs. and added provisions formerly in Sec. 51-169 re salaries and traveling expenses of clerks and assistant clerks and collection of fees by clerks; June Sp. Sess. P.A. 83-25 amended Subsec. (a)(4) to include the chief clerk for the judicial district of New Haven at Meriden in salary group 31; P.A. 84-441 included the deputy chief clerk for the Stamford-Norwalk judicial district in salary group 30; P.A. 85-414 amended Subsec. (a) by deleting references to assistant clerks and included the chief clerk for the judicial district of New London at New London in salary group 31, effective December 2, 1985, upon certification by chief court administrator that courthouse at New London is operational; P.A. 86-403 revised effective date of P.A. 85-414 but without affecting this section; P.A. 87-262 deleted former Subsec. (a) re specific salary groups for the chief clerks and deputy chief clerks for the various judicial districts and court locations, deleted former Subsec. (b) re the salaries of the clerks and their assistants being in lieu of any other compensation for services required of them by law, and deleted former Subsec. (d) re receipt by clerks and assistant clerks of traveling expenses.
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Secs. 51-51x and 51-51y. Continuation of service of persons serving in Superior Court, Court of Common Pleas and Juvenile Court on June 30, 1978. Term of office of persons appointed July 1, 1977. Sections 51-51x and 51-51y are repealed.
(P.A. 76-436, S. 10a, 36a, 37, 681; P.A. 78-280, S. 75, 127; P.A. 82-248, S. 163.)
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Sec. 51-52. General duties of clerks. (a) Clerks shall: (1) Receive the files, processes and documents returnable to their court locations, (2) make records of all proceedings required to be recorded, (3) have the custody of the active files and records of the court, (4) have the custody of the records of the former county court within their districts, (5) have the custody of and keep safely in the appropriate office, or store as provided in subsection (b) of this section, as records of the court, all judicial files, records and dockets belonging to or concerning the office of justices of the peace and trial justices, judges of borough, city, town and police courts, the traffic court of Danbury, the Circuit Court and the Court of Common Pleas, or belonging to or concerning such courts, including record books kept by town clerks under the provisions of sections 51-101 and 51-106 of the general statutes, revision of 1958, (6) make and keep dockets of causes in their court locations, (7) issue executions on judgments, (8) collect and receive all fines and forfeitures imposed or decreed by the court, including fines paid after commitment, (9) collect and receive monetary contributions made to the Criminal Injuries Compensation Fund pursuant to section 54-56h, (10) account for and pay or deposit all fees, fines, forfeitures and contributions made to the Criminal Injuries Compensation Fund and the proceeds of judgments of their office in the manner provided by sections 4-32 and 51-56a, and (11) perform all other duties imposed on them by law.
(b) Each clerk of court may store the inactive records of his court in any place of safekeeping designated by the Chief Court Administrator and may place the records in the direct custody of the records management officer or other designee of the Chief Court Administrator. The records management officer or designee shall be charged with the safekeeping of the records, and, when requested, may certify copies of the records.
(c) Temporary assistant clerks shall have the same duties as clerks of court.
(d) Each clerk for housing matters and the clerks for the judicial district of New Haven at Meriden shall supervise the handling of housing matters and the maintenance of court records relating thereto and shall provide assistance to pro se litigants and perform such other duties in connection with housing matters as the Chief Court Administrator or the judge assigned to hear the matters may assign to him.
(e) Notwithstanding any provision of the general statutes and except as otherwise ordered by the court or prescribed by the Chief Court Administrator, all funds in excess of a working balance established by the Chief Court Administrator held by a clerk of court in a fiduciary capacity shall be paid to the Treasurer or deposited in the Treasurer's accounts in depositories designated by the Treasurer in accordance with such regulations as the Treasurer prescribes. The Treasurer shall invest such funds in any manner he deems appropriate including, but not limited to, depositing the funds in public depositories and purchasing participation certificates in the Short-Term Investment Fund. If the court requests the return of all or a portion of such funds, the Treasurer shall return the amount of such funds requested to the court within two business days of the request. Notwithstanding any provision of the general statutes, all interest and earnings on funds paid to the Treasurer or deposited in the Treasurer's accounts pursuant to this subsection shall belong to and accrue to the benefit of the state.
(1949 Rev., S. 7718; 1959, P.A. 28, S. 172; 1963, P.A. 499; P.A. 74-183, S. 38, 291; P.A. 75-530, S. 5, 35; P.A. 76-436, S. 10a, 70, 681; P.A. 79-176, S. 1; P.A. 82-248, S. 51; 82-472, S. 134, 183; June Sp. Sess. P.A. 83-25, S. 3, 9; P.A. 84-162, S. 2; 84-262, S. 2; P.A. 92-239, S. 1, 3; P.A. 06-152, S. 7; P.A. 15-85, S. 8.)
History: 1959 act deleted reference to trial justice courts; 1963 act stipulated clerks have custody only of “active” files and added provision re storage of inactive records and records of mortgage foreclosures; P.A. 74-183 replaced circuit court with court of common pleas in provision re storage of records, reflecting transfer of circuit court functions to common pleas court, and specified that mortgage foreclosure records are to be stored in “deputy chief” clerk's office, effective December 31, 1974; P.A. 75-530 amended section to apply to clerks generally, omitting specific references to clerks and deputy chief clerks of court of common pleas; P.A. 76-436 transferred duty to designate places of safekeeping from chief judge of court to chief court administrator, effective July 1, 1978; P.A. 79-176 added provisions re placement of records in custody of a public officer or designee of chief court administrator and such person's responsibility for safekeeping of records and certifying copies of them; P.A. 82-248 reworded section, divided section into Subsecs. and added provisions formerly in Secs. 51-170 and 51-193a re custody of court records and Sec. 51-51v re duties of assistant clerk for housing matters; P.A. 82-472 deleted obsolete reference to court for the “county”; June Sp. Sess. P.A. 83-25 amended Subsec. (e) to include clerks for the judicial district of New Haven at Meriden; P.A. 84-162 deleted former Subsec. (c) which had required records of mortgage foreclosures to be stored in the office of the clerk of the court for the judicial district in which the land is located and redesignated former Subsec. (d) as Subsec. (c) and former Subsec. (e) as Subsec. (d); P.A. 84-262 amended newly designated Subsec. (d) by replacing “assistant clerk for housing matters” with “clerk for housing matters”; P.A. 92-239 added Subsec. (e) re deposit of fiduciary funds in the treasurer's accounts; P.A. 06-152 amended Subsec. (a) by adding new Subdiv. (9) re collection of monetary contributions made to Criminal Injuries Compensation Fund, redesignating existing Subdivs. (9) to (11) as Subdivs. (10) to (12), inserting provision re contributions made to Criminal Injuries Compensation Fund in redesignated Subdiv. (10) and making technical changes, effective July 1, 2006; P.A. 15-85 amended Subsec. (a) by deleting former Subdiv. (11) re filing of copies of memoranda of decisions in Superior Court cases with Reporter of Judicial Decisions and redesignating existing Subdiv. (12) re other duties as Subdiv. (11).
See Sec. 14-142 re proceedings against clerk who fails to deliver abstract of case to Commissioner of Motor Vehicles.
Clerk of a court derives his authority to grant execution from the record; in the absence of a record he has no authority. 7 C. 9. In correcting a mistake, clerk acts in a ministerial capacity. Id., 141. Judicial record defined. 13 C. 217. An execution may be renewed by the clerk by changing its date. 17 C. 144. Clerks may at any time fill up blanks left for insertion of costs. 21 C. 526. Entries in dockets, not records. 25 C. 338. Contents of a judicial record. 27 C. 465, 466. Clerk should reenter cause on reversal of an order erasing it from the docket. 35 C. 103. Issuance of mittimus by clerk after term. 36 C. 251. Record of recognizance may be made from entries previously made on docket. 48 C. 375. Record speaks from date of fact recorded. 49 C. 82. General duties of clerk of Supreme Court. 70 C. 337. Functions in general. 84 C. 462. Delay in preparation of judgment file, while a breach of duty, does not invalidate it. 109 C. 243. Review of duties of clerks in connection with the keeping of records of the doings of their courts. Id., 241. Cited. 201 C. 1.
Cited. 15 CA 312; 16 CA 518; 31 CA 660.
Cited. 19 CS 41. Execution is within inherent equitable control of court and was denied where suit was pending to determine rights of defendant to subrogation to claim on which plaintiff's judgment was based. 27 CS 382. Cited. 28 CS 357; 42 CS 574.
With regard to judgment records of former minor courts, clerks of circuit court exercise duty of custody and safekeeping; they are not successors in office to clerks of said courts and are not enabled to amplify or complete any record of such courts in their custody; they may certify only to authenticity of documents in their custody, without verbal alteration. 2 Conn. Cir. Ct. 688. Issuance of execution ordinarily ministerial act. 3 Conn. Cir. Ct. 237.
Subsec. (b):
No authority is provided to allow court to create new file for considering an emergency motion or future related matters in withdrawn cases. 77 CA 690.
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Sec. 51-52a. Powers of clerks and clerical assistants. (a) The clerk of any court may, when directed by the court, amend, make up and complete any imperfect or unfinished record in such manner as the court may direct.
(b) The clerk for each judicial district may certify to copies of the records and do all other acts in relation to the files and records of the county court which the clerk of the county court could have done and may, when directed by the superior court for such district, amend, make up and complete any record of the former county court, when necessary to supply any omission of a former clerk thereof, in such manner as the court directs.
(c) The chief clerk for each judicial district and the clerks for housing matters may certify, as clerk of the judicial district or of any county within or partly within the judicial district, to the authority of judges, justices of the peace and commissioners of the Superior Court.
(d) Deputy chief clerks, clerks, deputy clerks and assistant clerks shall have the same powers as chief clerks of the Superior Court, subject to the direction of the chief clerk, and shall be authorized clerks for the district for which they are appointed, for the purpose of certifying to the authority of any judge, justice of the peace or commissioner of the Superior Court. Deputy clerks and assistant clerks shall have the same powers as clerks of the superior court, subject to the direction of the clerk for the geographical area for which they are appointed, and shall be authorized clerks for the geographical area for the purpose of certifying to the authority of any judge, justice of the peace or commissioner of the Superior Court.
(e) A deputy chief clerk, deputy clerk or assistant clerk may sign any process or other document requiring the signature of the chief clerk or clerk for the court location for which he is appointed or any other document which the chief clerk or clerk is otherwise authorized to sign.
(f) A temporary assistant clerk shall have the same powers as clerks of the court.
(g) If authorized by the clerk, as defined in subsection (g) of section 51-51v, a supervisor or a clerical or administrative assistant may sign any process or other document requiring the signature of the chief clerk or clerk or any other document which the chief clerk or clerk is authorized to sign and may administer the oath to any witness during the trial or hearing of any action.
(P.A. 82-248, S. 52; P.A. 84-262, S. 3; P.A. 91-24, S. 4, 8.)
History: P.A. 84-262 amended Subsec. (c) by adding “and the clerks for housing matters”; P.A. 91-24 amended Subsec. (g) to replace “if authorized by the chief clerk or clerk for the court location for which he is appointed” with “If authorized by the clerk, as defined in subsection (g) of section 51-51v,” and to permit a supervisor when so authorized to sign certain documents and administer oaths.
Cited. 201 C. 1.
Cited. 16 CA 518.
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Sec. 51-52b. (Formerly Sec. 51-171a). Certification re authority of justice of the peace or commissioner of the Superior Court in the judicial district of Fairfield or Stamford-Norwalk. The chief clerk of the superior court at Bridgeport shall, on the request of any justice of the peace or commissioner of the Superior Court in the judicial district of Fairfield or Stamford-Norwalk and on the receipt of a fee of one dollar, furnish to the chief clerk of the superior court at Stamford a duplicate of the certificate of qualification or appointment of such justice of the peace or commissioner of the Superior Court and said clerk at Stamford may thereafter certify to the authority of such justice of the peace or commissioner of the Superior Court.
(February, 1965, P.A. 601; P.A. 78-280, S. 7, 127; P.A. 80-201, S. 3, 9; P.A. 81-34, S. 6, 9.)
History: P.A. 78-280 replaced “Fairfield county” with “judicial district of Fairfield”; P.A. 80-201 applied provisions to judicial district of Stamford-Norwalk; P.A. 81-34 eliminated the authority of the clerk of the superior court at Bridgeport to certify authority of notaries public and specified that chief clerk empowered to certify the authority of justice of the peace or commissioners of the superior court, effective July 1, 1982; Sec. 51-171a transferred to Sec. 51-52b in 1983.
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Sec. 51-53. Clerks to give notice of decrees of court by mail or electronic delivery. (a) Whenever any court, including a court of probate, or the judge of any such court acting in any matter coming before him as a judge, makes or renders any decision, order, decree, denial or ruling, unless it is made or rendered in the presence of counsel in the matter, the clerk of the court shall immediately notify counsel and any appearing party, in writing by mail or electronic delivery, of the decision, order, decree, denial or ruling. Electronic delivery may be by computer or facsimile transmission or by employing other technology in accordance with procedures and technical standards established by the Office of the Chief Court Administrator or the Probate Court Administrator, as the case may be. Notice delivered electronically shall have the same validity and status as notice delivered by mail.
(b) The time limited by law for commencing appellate proceedings on the decision, order, decree, denial or ruling shall date from the time when such notice is issued by the clerk.
(1949 Rev., S. 7719; 1963, P.A. 412; P.A. 82-248, S. 53; P.A. 12-133, S. 6.)
History: 1963 act deleted prohibition against applying section to courts or judges of probate, specifying section to apply in any contested matter; P.A. 82-248 rephrased section and divided section into Subsecs.; P.A. 12-133 amended Subsec. (a) by adding provisions re clerk to provide notice to any appearing party, re notice given by mail or electronic delivery, re methods and standards for electronic delivery and re delivery of notice electronically to have same validity as notice delivered by mail.
See Sec. 45a-187 re time of taking probate appeals.
Cited. 132 C. 627; 178 C. 189; 181 C. 367; 232 C. 181.
Cited. 36 CA 469; 44 CA 812; 45 CA 324; 46 CA 298.
Section applied. 31 CS 53.
Subsec. (a):
Clerk's failure to issue notice of an order does not render the order ineffective. 131 CA 471.
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Sec. 51-54. Completing records. Section 51-54 is repealed.
(1949 Rev., S. 7720; P.A. 82-248, S. 163.)
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Sec. 51-55. Judgments of default or nonsuit. A clerk of the Superior Court shall not enter any judgment of default or nonsuit, unless directed by the court, except where the parties fail to appear; provided, in any civil action in which a notice of an intention to suffer a default has been filed, the clerk shall, upon request of either party, enter judgment of default.
(1949 Rev., S. 7700; P.A. 82-160, S. 101.)
History: P.A. 82-160 rephrased section, but made no substantive changes.
See Sec. 52-84 re time for rendering judgment by default.
Failure of defendant to receive notice does not relieve her of blame in failing to enter her appearance. 139 C. 532.
Cited. 17 CS 118.
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Sec. 51-56. Accounting for receipts by clerks of Supreme, Superior and Common Pleas Court. Removal from office. Accounting on death or removal. Section 51-56 is repealed.
(1949 Rev., S. 7715, 7716, 7717; 1959, P.A. 28, S. 92; 1961, P.A. 186, S. 2; P.A. 74-183, S. 40, 291.)
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Sec. 51-56a. Accounting for receipts by court clerks. Remittance of certain amounts to municipalities. Additional fees to fund police training. Surcharge for violations. (a) Each clerk of the Supreme Court and Superior Court shall account for and pay or deposit all fees, fines, forfeitures and contributions made to the Criminal Injuries Compensation Fund and the proceeds of judgments of such clerk's office in the manner provided by section 4-32. If any such clerk fails to so account and pay or deposit, such failure shall be reported by the Treasurer to the Chief Court Administrator who may thereupon remove the clerk. When any such clerk dies before so accounting and paying or depositing, the Treasurer shall require the executor of such clerk's will or administrator of such clerk's estate to so account. If any such clerk is removed from office, the Treasurer shall require such clerk to account for any money of the state remaining in such clerk's hands at the time of such removal and, if such clerk neglects to so account, the Treasurer shall certify the neglect to the Chief Court Administrator.
(b) (1) The state shall remit to the municipalities in which the violations occurred all amounts received in respect to the violation of subdivision (2) of subsection (a) of section 14-12, sections 14-251, 14-252, 14-253a and 14-305 to 14-308, inclusive, or any regulation adopted thereunder or ordinance enacted in accordance therewith, and (2) in the case of the municipalities ranked one to eight, inclusive, when all municipalities are ranked from highest to lowest in population, based on the most recent federal decennial census, the state shall remit to the municipality in which the violations occurred fifty per cent of the fine amounts received in respect to the violation of section 14-250b, or any ordinance enacted in accordance therewith. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official, provided prior to the institution of court proceedings, a city, town or borough shall have the authority to collect and retain all proceeds from parking violations committed within the jurisdiction of such city, town or borough.
(c) For the purpose of providing additional funds for municipal and state police training, each person who pays in any sum as (1) a fine or forfeiture for any violation of section 14-12, 14-215, 14-219, 14-222, 14-224, 14-225, 14-227a, 14-227m, 14-227n, 14-266, 14-267a, 14-269 or 14-283, or (2) a fine or forfeiture for any infraction, shall pay an additional fee of one dollar for each eight dollars or fraction thereof of the amount such person is required to pay, except if such payment is made for violation of such a section which is deemed to be an infraction, such additional fee shall be only on the first eighty-eight dollars of such fine or forfeiture. Such additional fee charged shall be deposited in the General Fund.
(d) Each person who pays in any sum as a fine or forfeiture for any violation of sections 14-218a, 14-219, 14-222, 14-223, 14-227a, 14-227m, 14-227n, sections 14-230 to 14-240, inclusive, sections 14-241 to 14-249, inclusive, section 14-279 for the first offense, sections 14-289b, 14-299, 14-300, 14-300d, 14-300j, sections 14-301 to 14-303, inclusive, or any regulation adopted under said sections or ordinance enacted in accordance with said sections shall pay an additional fee of twenty-five dollars. The state shall remit to the municipalities in which the violations occurred the amounts paid under this subsection. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, on or before the thirtieth day of January, April, July and October in each year, shall certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official.
(e) The state shall remit to the municipalities in which the violation occurred all fine amounts received in respect to the violation of section 14-279 after crediting twelve per cent of such fine amounts to the Special Transportation Fund established under section 13b-68 and crediting eight per cent of such fine amounts to the General Fund. Each clerk of the Superior Court or the Chief Court Administrator, or any other official of the Superior Court designated by the Chief Court Administrator, shall, on or before the thirtieth day of January, April, July and October in each year, certify to the Comptroller the amount due for the previous quarter under this subsection to each municipality served by the office of the clerk or official.
(1961, P.A. 186, S. 1; 523; 1963, P.A. 127; 263, S. 1; 544; February, 1965, P.A. 223, S. 1; 574, S. 36, 37; 1969, P.A. 702; P.A. 73-616, S. 38; P.A. 74-183, S. 41, 291; P.A. 75-457, S. 1, 2; P.A. 76-436, S. 10a, 71, 681; P.A. 77-19, S. 2; 77-340, S. 10; P.A. 78-280, S. 76, 127; 78-321; P.A. 79-534, S. 1; P.A. 80-219; 80-270, S. 2, 3; 80-466, S. 24, 25; 80-483, S. 183, 186; P.A. 81-426, S. 1; P.A. 82-248, S. 54; 82-298, S. 2; 82-359; P.A. 83-518, S. 1; P.A. 84-313, S. 1; P.A. 06-106, S. 1; 06-152, S. 8; P.A. 11-6, S. 113, 143; 11-255, S. 4; P.A. 16-54, S. 4; 16-126, S. 28; 16-207, S. 1; P.A. 17-105, S. 9; P.A. 18-164, S. 24; P.A. 21-28, S. 5.)
History: 1963 acts reduced amount remitted under Subdiv. (b)(1) from one-third to one-quarter and provided certification of such amounts could be by chief judge, chief clerk or other official as well as clerk changing certification date from fifteenth to thirtieth and added Subsec. (d); 1965 acts changed reference in Subdiv. (b)(1) from Sec. 14-227 to 14-227a, deleted Subsec. (c) providing for allocation of remitted fines between Rockville and the Vernon fire district, relettering Subsec. (d) accordingly and reducing amount remitted from one-third to one-quarter; 1969 act added proviso in Subsec. (b) re authority of city, town or borough to collect and retain proceeds of parking violations; P.A. 73-616 updated section references in Subsec. (b)(1); P.A. 74-183 applied Subsec. (a) to supreme, superior and common pleas court clerks rather than to circuit court clerks and applied Subsec. (b) to common pleas clerks rather than to circuit court clerks, reflecting transfer of circuit court functions, effective December 31, 1974; P.A. 75-457 amended Subsec. (c) re payment of court fines to the city of Willimantic; P.A. 76-436 amended Subsec. (a) to delete common pleas clerk from provisions and to transfer power to remove clerk from chief judge of court to chief court administrator and amended Subsec. (b) to replace common pleas court clerks and officials with superior court clerks and officials, to replace chief judge with chief court administrator and to delete chief clerks as persons designated to certify amounts due, reflecting transfer of common pleas court functions to superior court, effective July 1, 1978; P.A. 77-19 deleted reference to Sec. 14-259 in Subsec. (b); P.A. 77-340 added reference to Sec. 14-218a in Subsec. (b); P.A. 78-280 made technical correction in Subsec. (a), substituting chief court administrator for chief judge for consistency with P.A. 76-436 in Subsec. (a); P.A. 78-321 added Subsec. (d) re additional fees; P.A. 79-534 made wording changes in Subsecs. (a) and (d) and specified that additional fees in Subsec. (d) are “for the purpose of providing additional funds for municipal police training”; P.A. 80-219 amended Subsec. (d)(2) to replace 10% fee with fee of $1 for each $10 or fraction thereof; P.A. 80-270 deleted former Subsecs. (b) and (c) re disposition of motor vehicle fines, relettering former Subsec. (d) accordingly; P.A. 80-466 inserted new Subsec. (b) re remission of fines to municipalities, relettering former Subsec. (b) accordingly; P.A. 80-483 changed effective dates of P.A. 80-219 and P.A. 80-270 from October 1, 1980, and May 14, 1980, respectively, to July 1, 1980; P.A. 81-426 amended Subsec. (c) to permit the additional fees collected to be used to provide additional funds for state police training; P.A. 82-248 changed “such” to “the” and eliminated reference to repealed Secs. 14-267 and 14-268; P.A. 82-298 replaced references to Secs. 14-267 and 14-268 with reference to Sec. 14-267a in Subsec. (c); P.A. 82-359 amended Subsec. (b) to provide for the remission of amounts received from the violation of Sec. 14-253a concerning handicapped parking privileges; P.A. 83-518 amended Subsec. (c), providing that persons shall pay an additional fee of $1 for each $8, decreased from $10, and that such additional fee shall be assessed on the first $88 of the fine, instead of the first $90; P.A. 84-313 amended Subsec. (c)(2) by adding “or forfeiture”; P.A. 06-106 added Subsec. (d) re remission to municipalities of surcharge for certain violations and made technical changes, effective July 1, 2006; P.A. 06-152 amended Subsec. (a) by adding provision re contributions made to Criminal Injuries Compensation Fund and making technical changes, effective July 1, 2006; P.A. 11-6 amended Subsec. (b) to provide for remission of amounts received from violation of Sec. 14-12(a)(2) and amended Subsec. (d) to increase additional fee from $10 to $15, effective July 1, 2011; P.A. 11-255 added Subsec. (e) re disposition of fines received for violation of Sec. 14-279, effective July 1, 2011; P.A. 16-54 amended Subsec. (d) by adding reference to Secs. 14-300 and 14-300d; P.A. 16-126 amended Subsecs. (c) and (d) by adding references to Secs. 14-227m and 14-227n; P.A. 16-207 amended Subsec. (b) to designate existing provision re remittance to municipalities of amounts received for violation of certain motor vehicles statutes, regulations or ordinances as Subdiv. (1) and to add Subdiv. (2) re remittance to municipalities of 50 per cent of fine amounts received from violation of Sec. 14-250b or ordinance enacted in accordance therewith; P.A. 17-105 made a technical change in Subsec. (b); P.A. 18-164 amended Subsec. (d) to increase additional fee from $15 to $20; P.A. 21-28 amended Subsec. (d) to add reference to Sec. 14-300j and increase additional fee from $20 to $25.
Cited. 41 CA 454.
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Sec. 51-57. Superior Court clerks. Oath. Full-time duties. Criminal defense prohibited. (a) Each clerk of the Superior Court shall, before entering on the duties of his office, be sworn to the faithful performance of his duties.
(b) Each clerk and assistant clerk, except temporary or part-time assistant clerks, shall devote his entire time to the duties of his office.
(c) No clerk of the Superior Court may defend, counsel, advise or act as attorney for any defendant in any criminal action or otherwise engage in the private practice of criminal law.
(1949 Rev., S. 8879; P.A. 82-248, S. 50.)
History: P.A. 82-248 reworded section, added the phrase “or otherwise engage in the private practice of criminal law” and incorporates language formerly in Secs. 51-51v and 51-69.
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Sec. 51-58. Court seals. Filing of official seals with Secretary of the State. Each court location having a clerk shall have its proper seal, which shall be kept by the clerk or by the records management officer or other designee of the Chief Court Administrator permitted to certify copies of inactive records pursuant to section 51-52. Any such court, and any public officer required by law to have an official seal, may place on file in the office of the Secretary of the State an impression of such seal, accompanied by a certificate, properly sworn to, of the genuineness of the same. The impression shall become a public record of the state; and the Secretary of the State shall certify to the genuineness of such seals when so required.
(1949 Rev., S. 7721; P.A. 79-176, S. 2; P.A. 82-248, S. 56.)
History: P.A. 79-176 authorized public officer or other designee of chief court administrator to keep seal of court; P.A. 82-248 reworded section, adding “location” after “court” and changing “public officer” to “records management officer”.
See Sec. 4-51 re seals for state departments.
See Sec. 53-153 re penalty for counterfeiting seal.
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Sec. 51-59. Clerks' offices, when open. The judges of the Superior Court may provide by rule for the times when the clerks' offices shall be deemed to be open for the purpose of entering appearances, judgments of nonsuit or default for want of appearance and for filing pleadings, amendments to pleadings and written motions. Each office shall be open at least five days a week except during weeks which include a legal holiday. The clerks' offices may be deemed to be open whether a judge is in attendance or not.
(1949 Rev., S. 7699; 1959, P.A. 28, S. 93; P.A. 74-183, S. 42, 291; P.A. 76-436, S. 72, 681; P.A. 78-280, S. 77, 127; P.A. 82-248, S. 57.)
History: 1959 act included circuit court judges; P.A. 74-183 removed circuit court judges from purview of section, reflecting transfer of circuit court functions to court of common pleas, effective December 31, 1974; P.A. 76-436 removed common pleas court judges from purview of section, reflecting transfer of common pleas court functions to superior court, effective July 1, 1978; P.A. 78-280 deleted provision which stated that last day for filing is next business day when office is open in cases where last filing day would fall on day when office is closed; P.A. 82-248 rephrased section.
See Sec. 51-347c re next business day as last day for filing if clerk's office closed.
Where rules require filing within 24 hours, fact that motion cannot be filed after noon Saturday does not extend filing time. 121 C. 364. Former statute cited. 131 C. 403.
Cited. 36 CS 565.
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