Sec. 51-342. (Formerly Sec. 51-140). County construed as judicial district for purpose of venue.
Sec. 51-344. Judicial districts established.
Sec. 51-345a. (Formerly Sec. 52-17). Land lying in two or more judicial districts.
Sec. 51-345b. Venue in actions involving administrative decisions of municipal agencies.
Sec. 51-346a. Jury trial in the judicial district of Ansonia-Milford.
Sec. 51-347. (Formerly Sec. 52-47). Where writs may be filed.
Sec. 51-347a. (Formerly Sec. 52-30). Transfer of jury causes to other judicial districts.
Sec. 51-347c. Last day for filing next business day if clerk's office closed.
Sec. 51-348a. (Formerly Sec. 54-27). Prosecution for nonsupport in geographical area.
Sec. 51-348b. Housing matters heard on separate dockets within certain judicial districts.
Sec. 51-349. Where actions commenced in geographical areas.
Sec. 51-350. Filing in a geographical area.
Sec. 51-351. Return to improper locations.
Sec. 51-351a. (Formerly Sec. 52-32a). Failure to state proper forum.
Sec. 51-351b. Short title: Uniform Transboundary Pollution Reciprocal Access Act.
Sec. 51-352. (Formerly Sec. 54-77). Venue in criminal actions.
Sec. 51-352a. (Formerly Sec. 54-77b). Venue for offenses committed prior to April 22, 1975.
Sec. 51-352b. (Formerly Sec. 54-28). Jurisdiction of crimes committed on water.
Sec. 51-352c. (Formerly Sec. 54-41). Jurisdiction of various offenses.
Sec. 51-353. (Formerly Sec. 54-78). Change of venue in criminal case.
Sec. 51-353b. (Formerly Sec. 54-79). Files in transferred cases.
Sec. 51-342. (Formerly Sec. 51-140). County construed as judicial district for purpose of venue. Wherever in the general statutes the word “county” is used to establish or refer to venue for the Superior Court, such word “county” shall be construed to mean a judicial district established pursuant to section 51-344.
(1949 Rev., S. 7593; 1957, P.A. 64, S. 1; 1972, P.A. 165, S. 2; June, 1972, P.A. 1, S. 20; P.A. 76-436, S. 401, 681; P.A. 77-576, S. 1, 65.)
History: 1972 acts added reference to superior court jurisdiction, effective September 5, 1972; P.A. 76-436 removed reference to jurisdiction of court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 77-576 restated section, referring to venue rather than jurisdiction and reflecting substitution of judicial districts generally for counties; Sec. 51-140 transferred to Sec. 51-342 in the 1977 Court Reorganization Supplement.
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Sec. 51-343. Definitions. For purposes of this chapter and section 52-46a, the following definitions shall apply:
(a) “Domestic corporation” means any corporation incorporated under the laws of this state.
(b) “Filed” means filed at the court location where there is a clerk designated to receive and maintain the record of the action regardless of the court location to which the writ is made returnable.
(c) “Foreign corporation” means any corporation incorporated under the laws of any other state or foreign government.
(d) “Made returnable” designates the judicial district court location or geographical area where the plaintiff desires the case to be heard.
(e) “Property” means anything of value.
(f) “United States corporation” means any corporation incorporated under the laws of the United States.
(P.A. 77-576, S. 2, 65; P.A. 82-248, S. 151.)
History: P.A. 82-248 alphabetized the definitions and deleted from the definition of property “and includes the word estate as used in section 52-42, revision of 1958, revised to 1977.”
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Sec. 51-344. Judicial districts established. For purposes of establishing venue, the Superior Court shall consist of the following judicial districts:
(1) The judicial district of Ansonia-Milford, consisting of the towns of Ansonia, Beacon Falls, Derby, Milford, Orange, Oxford, Seymour, Shelton and West Haven;
(2) The judicial district of Danbury, consisting of the towns of Bethel, Brookfield, Danbury, New Fairfield, Newtown, Redding, Ridgefield and Sherman;
(3) The judicial district of Fairfield, consisting of the towns of Bridgeport, Easton, Fairfield, Monroe, Stratford and Trumbull;
(4) The judicial district of Hartford, consisting of the towns of Avon, Bloomfield, Canton, East Granby, East Hartford, East Windsor, Enfield, Farmington, Glastonbury, Granby, Hartford, Manchester, Marlborough, Simsbury, South Windsor, Suffield, West Hartford, Windsor and Windsor Locks;
(5) The judicial district of Litchfield, consisting of the towns of Barkhamsted, Bethlehem, Bridgewater, Canaan, Colebrook, Cornwall, Goshen, Hartland, Harwinton, Kent, Litchfield, Morris, New Hartford, New Milford, Norfolk, North Canaan, Roxbury, Salisbury, Sharon, Thomaston, Torrington, Warren, Washington and Winchester;
(6) The judicial district of Middlesex, consisting of the towns of Chester, Clinton, Cromwell, Deep River, Durham, East Haddam, East Hampton, Essex, Haddam, Killingworth, Middlefield, Middletown, Old Saybrook, Portland and Westbrook;
(7) The judicial district of New Britain, consisting of the towns of Berlin, Bristol, Burlington, New Britain, Newington, Plainville, Plymouth, Rocky Hill, Southington and Wethersfield;
(8) The judicial district of New Haven, consisting of the towns of Bethany, Branford, Cheshire, East Haven, Guilford, Hamden, Madison, Meriden, New Haven, North Branford, North Haven, Wallingford and Woodbridge;
(9) The judicial district of New London, consisting of the towns of Bozrah, Colchester, East Lyme, Franklin, Griswold, Groton, Lebanon, Ledyard, Lisbon, Lyme, Montville, New London, North Stonington, Norwich, Old Lyme, Preston, Salem, Sprague, Stonington, Voluntown and Waterford;
(10) The judicial district of Stamford-Norwalk, consisting of the towns of Darien, Greenwich, New Canaan, Norwalk, Stamford, Weston, Westport and Wilton;
(11) The judicial district of Tolland, consisting of the towns of Andover, Bolton, Columbia, Coventry, Ellington, Hebron, Mansfield, Somers, Stafford, Tolland, Union, Vernon and Willington;
(12) The judicial district of Waterbury, consisting of the towns of Middlebury, Naugatuck, Prospect, Southbury, Waterbury, Watertown, Wolcott and Woodbury; and
(13) The judicial district of Windham, consisting of the towns of Ashford, Brooklyn, Canterbury, Chaplin, Eastford, Hampton, Killingly, Plainfield, Pomfret, Putnam, Scotland, Sterling, Thompson, Windham and Woodstock.
(P.A. 77-576, S. 3, 65; P.A. 79-185; 79-631, S. 110, 111; P.A. 80-201, S. 5, 9; P.A. 81-241, S. 2; 81-303; P.A. 82-248, S. 152; P.A. 83-587, S. 61, 96; P.A. 85-239, S. 1, 6; P.A. 88-230, S. 7, 12; P.A. 89-141, S. 1, 2, 7; P.A. 90-98, S. 1, 2; May Sp. Sess. P.A. 92-11, S. 60, 61, 70; P.A. 93-142, S. 4, 7, 8; 93-435, S. 92, 95; P.A. 95-220, S. 4–6; P.A. 97-16, S. 1, 2; P.A. 98-81, S. 13, 20.)
History: P.A. 79-185 transferred Thomaston from judicial district of Waterbury to judicial district of Litchfield; P.A. 79-631 changed effective date of P.A. 79-185 from October 1, 1979, to September 1, 1979; P.A. 80-201 added Subdiv. (12) establishing judicial district of Stamford-Norwalk and deleted its member towns from judicial district of Fairfield in Subdiv. (1); P.A. 81-241 transferred Hartland from the judicial district of Hartford-New Britain to the judicial district of Litchfield; P.A. 81-303 amended Subdiv. (12) concerning the Stamford-Norwalk judicial district by deleting the provision that venue for prosecutions of capital felonies, class A, B or C felonies and unclassified felonies punishable by a sentence of 10 years or more shall be in the Fairfield judicial district; P.A. 82-248 alphabetized the judicial districts and the towns within each district; P.A. 83-587 made a technical amendment; P.A. 85-239 transferred Bethlehem from the Waterbury judicial district to the Litchfield judicial district; P.A. 88-230 established the judicial district of New Britain consisting of the towns of Berlin, Bristol, Burlington, New Britain, Plainville, Plymouth and Southington by transferring said towns from the judicial district of Hartford-New Britain which was renamed the judicial district of Hartford and transferred Cromwell from the judicial district of Middlesex to the judicial district of Hartford, effective September 1, 1991; P.A. 89-141 transferred West Haven from the New Haven judicial district to the Ansonia-Milford judicial district; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; May Sp. Sess. P.A. 92-11, Sec. 60 amended Subdiv. (4) by removing Cromwell from the judicial district of Hartford and amended Subdiv. (6) by adding Cromwell to the judicial district of Middlesex, effective September 1, 1993 and further amended Subdiv. (4) in Sec. 61 by adding Cromwell to the judicial district of Hartford and amended Subdiv. (6) by deleting Cromwell from the judicial district of Middlesex effective September 1, 1994, in effect postponing transfer of Cromwell from judicial district of Middlesex for one year; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-435 repealed provisions enacted by May Sp. Sess. P.A. 92-11, effective June 28, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 97-16 removed Cromwell from Hartford judicial district and included Cromwell in Middlesex judicial district, effective September 1, 1998; P.A. 98-81 amended Subdiv. (4) by removing Newington, Rocky Hill and Wethersfield from judicial district of Hartford and amended Subdiv. (7) by adding those same towns to judicial district of New Britain, effective September 1, 1998.
Cited. 198 C. 147; 237 C. 454.
Cited. 40 CA 762.
Cited. 39 CS 347.
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Sec. 51-344a. Term “judicial district of Hartford-New Britain” deemed to refer to “judicial district of Hartford” on and after September 1, 1998. (a) Whenever the term “judicial district of Hartford-New Britain” or “judicial district of Hartford-New Britain at Hartford” is used or referred to in the following sections of the general statutes, it shall be deemed to mean or refer to the judicial district of Hartford on and after September 1, 1998: Sections 1-205, 1-206, 2-48, 3-21a, 3-62d, 3-70a, 3-71a, 4-61, 4-160, 4-164, 4-177b, 4-180, 4-183, 4-197, 5-202, 5-276a, 8-30g, 9-7a, 9-7b, 9-369b, 10-153e, 12-208, 12-237, 12-268l, 12-312, 12-330m, 12-405k, 12-422, 12-448, 12-454, 12-456, 12-463, 12-489, 12-522, 12-554, 12-565, 12-572, 12-586f, 12-597, 12-730, 13b-34, 13b-235, 13b-315, 13b-375, 14-57, 14-66, 14-67u, 14-110, 14-195, 14-311, 14-311c, 14-324, 14-331, 15-125, 15-126, 16-41, 16a-5, 17b-60, 17b-100, 17b-238, 17b-531, 19a-85, 19a-86, 19a-425, 19a-498, 19a-517, 19a-526, 19a-633, 20-12f, 20-13e, 20-29, 20-40, 20-45, 20-59, 20-73a, 20-86f, 20-99, 20-114, 20-133, 20-154, 20-156, 20-162p, 20-192, 20-195p, 20-202, 20-206c, 20-227, 20-238, 20-247, 20-263, 20-271, 20-307, 20-341f, 20-363, 20-373, 20-404, 20-414, 21a-55, 21a-190i, 22-7, 22-228, 22-248, 22-254, 22-320d, 22-326a, 22-344b, 22-386, 22a-6b, 22a-7, 22a-16, 22a-30, 22a-34, 22a-53, 22a-60, 22a-62, 22a-63, 22a-66h, 22a-106a, 22a-119, 22a-180, 22a-182a, 22a-184, 22a-220a, 22a-220d, 22a-225, 22a-226, 22a-226c, 22a-227, 22a-250, 22a-255l, 22a-276, 22a-310, 22a-342a, 22a-344, 22a-361a, 22a-374, 22a-376, 22a-408, 22a-430, 22a-432, 22a-438, 22a-449f, 22a-449g, 22a-459, 23-5e, 23-65m, 25-32e, 25-36, 28-5, 29-143j, 29-158, 29-161z, 29-323, 30-8, 31-109, 31-249b, 31-266, 31-266a, 31-270, 31-273, 31-284, 31-285, 31-339, 31-355a, 31-379, 35-3c, 35-42, 36a-186, 36a-187, 36a-471a, 36a-494, 36a-587, 36a-647, 36a-684, 36a-718, 36a-807, 36b-26, 36b-27, 36b-30, 36b-50, 36b-71, 36b-72, 36b-74, 36b-76, 38a-41, 38a-52, 38a-134, 38a-139, 38a-140, 38a-147, 38a-150, 38a-185, 38a-209, 38a-225, 38a-226b, 38a-241, 38a-337, 38a-470, 38a-620, 38a-657, 38a-687, 38a-774, 38a-776, 38a-817, 38a-843, 38a-868, 38a-906, 38a-994, 42-103c, 42-110d, 42-110k, 42-110p, 42-182, 46a-56, 46a-100, 47a-21, 49-73, 51-44a, 51-81b, 51-194, 52-146j, 53-392d and 54-211a.
(b) If the term “judicial district of Hartford-New Britain” or “judicial district of Hartford-New Britain at Hartford” is used or referred to in any public act of 1995, 1996, 1997 or 1998 or in any section of the general statutes which is amended in 1995, 1996, 1997 or 1998 it shall be deemed to mean or refer to the judicial district of Hartford on and after September 1, 1998.
(c) If the term “judicial district of Hartford-New Britain at New Britain” is used or referred to in any public act of 1995, 1996, 1997 or 1998 or in any section of the general statutes which is amended in 1995, 1996, 1997 or 1998 it shall be deemed to mean or refer to the judicial district of New Britain on and after September 1, 1998.
(P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1; P.A. 92-212, S. 20; P.A. 93-142, S. 4, 8; 93-262, S. 81, 87; P.A. 94-184, S. 2; P.A. 95-220, S. 4–6; P.A. 96-145, S. 18; 96-259, S. 11; P.A. 98-69, S. 13, 14; P.A. 99-102, S. 51; P.A. 02-73, S. 78; June 30 Sp. Sess. P.A. 03-3, S. 97; P.A. 05-175, S. 23; P.A. 06-76, S. 9; P.A. 08-176, S. 72; P.A. 09-177, S. 22; P.A. 10-54, S. 6; P.A. 12-60, S. 3, 4; P.A. 13-205, S. 10; P.A. 14-94, S. 13, 14; May Sp. Sess. P.A. 16-3, S. 167; P.A. 21-155, S. 12; P.A. 22-57, S. 8.)
History: P.A. 88-230 effective September 1, 1991; P.A. 90-98 updated statutory and public act references and changed the date in Subsecs. (b) and (c) and the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; in 1993 a reference to repealed Sec. 3-62f was deleted, reference to Sec. 14-130 was replaced by reference to Sec. 38a-337 to reflect its transfer and likewise reference to Sec. 21-117 was replaced by reference to Sec. 36-571 to reflect its transfer, editorially; P.A. 92-212 deleted reference to repealed Sec. 20-286; P.A. 93-142 updated statutory and public act references and changed the date in Subsecs. (b) and (c) and the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-262 removed the reference to Sec. 17-603, effective July 1, 1993; P.A. 94-184 deleted reference to Sec. 3-72a which was repealed; P.A. 95-220 changed the date in Subsecs. (a), (b) and (c) and the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995 (Revisor's note: A reference in Subsec. (a) to repealed Sec. 33-182 was deleted editorially by the Revisors); P.A. 96-145 amended Subsec. (a) by deleting reference to repealed Sec. 22a-388; P.A. 96-259 amended Subsec. (a) by deleting reference to Sec. 22-404 which was repealed by the same act; P.A. 98-69 authorized deletion of reference to Sec. 22-118i in Subsec. (a), since that section was repealed by the act; P.A. 99-102 authorized deletion of reference to repealed Sec. 20-20; P.A. 02-73 amended Subsec. (a) by replacing reference to Secs. 36a-462 and 36a-467 with reference to Sec. 36a-471a; June 30 Sp. Sess. P.A. 03-3, in repealing Sec. 17b-64, authorized deletion of internal references to said section in this section, effective March 1, 2004; P.A. 05-175 deleted references in Subsec. (a) to Secs. 22-37 and 22-195 repealed by the same act, effective July 1, 2005; P.A. 06-76 amended Subsec. (a) to delete reference to Sec. 22a-163m; P.A. 08-176 made a technical change in Subsec. (a), effective July 1, 2008; P.A. 09-177 amended Subsec. (a) to delete references to Secs. 29-317, 29-329, 29-334, 29-340 and 29-369, effective January 1, 2011; P.A. 10-54 changed effective date of P.A. 09-177, S. 22, from January 1, 2011, to January 1, 2013, effective May 18, 2010; P.A. 12-60 changed effective date of P.A. 09-177, S. 22, as amended by P.A. 10-54, S. 6, from January 1, 2013, to January 1, 2015, effective May 31, 2012; P.A. 13-205 amended Subsec. (a) by deleting reference to Sec. 22a-167; P.A. 14-94 amended Subsec. (a) by deleting reference to Secs. 22a-285a, 22a-285g and 22a-285j, effective June 6, 2014; (Revisor's note: In 2015, a reference to Sec. 22a-167 contained in the version of Subsec. (a) that took effect on January 1, 2015, was deleted editorially by the Revisors to conform that version of Subsec. (a) with the amendment made by P.A. 13-205, S. 10); May Sp. Sess. P.A. 16-3 amended Subsec. (a) by deleting reference to Sec. 46a-5, effective July 1, 2016; P.A. 21-155 amended Subsec. (a) by deleting reference to Sec. 22-64, effective July 12, 2021; P.A. 22-57 amended Subsec.(a) by deleting a reference to repealed section 19a-123d, effective July 1, 2022.
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Sec. 51-344b. Term “judicial district of New Britain” substituted for “judicial district of Hartford”, when. Whenever the term “judicial district of Hartford” is used or referred to in the following sections of the general statutes, the term “judicial district of New Britain” shall be substituted in lieu thereof: Subsection (b) of section 3-70a, sections 3-71a and 4-164, subsection (c) of section 4-183, subdivision (4) of subsection (g) of section 10-153e, subparagraph (C) of subdivision (4) of subsection (e) of section 10a-109n, sections 12-3a, 12-89, 12-103, 12-208, 12-237, 12-242hh, 12-242ii, 12-242kk, 12-268l, 12-307, 12-312, 12-330m, 12-405k, 12-422, 12-448, 12-454, 12-463, 12-489, 12-522, 12-554, 12-586g and 12-597, subsection (b) of section 12-638i, sections 12-730, 14-57, 14-66, 14-195, 14-324, 14-331 and 19a-85, subsection (f) of section 19a-332e, sections 20-156, 20-247, 20-307, 20-373, 20-583 and 21a-55, subsection (e) of section 22-7, sections 22-320d and 22-386, subsection (e) of section 22a-6b, section 22a-30, subsection (a) of section 22a-34, subsection (b) of section 22a-34, section 22a-182a, subsection (f) of section 22a-225, sections 22a-227, 22a-344, 22a-374, 22a-408 and 22a-449g, subsection (f) of section 25-32e, section 29-158, subsection (f) of section 29-161z, sections 36b-30 and 36b-76, subsection (f) of section 38a-41, section 38a-52, subsection (c) of section 38a-150, sections 38a-185, 38a-209 and 38a-225, subdivision (3) of section 38a-226b, sections 38a-241, 38a-337 and 38a-657, subsection (c) of section 38a-774, section 38a-776, subsection (c) of section 38a-817 and section 38a-994.
(P.A. 99-215, S. 24, 29; P.A. 00-196, S. 48; P.A. 08-73, S. 14; P.A. 10-179, S. 118.)
History: P.A. 99-215 effective June 29, 1999; P.A. 00-196 made technical changes; P.A. 08-73 replaced reference to Sec. 29-161z(e) with reference to Sec. 29-161z(f); P.A. 10-179 deleted reference to Sec. 19a-653(d).
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Sec. 51-345. (Formerly Sec. 52-42). Venue in civil actions and housing matters. Return of civil process. (a) Actions in general. Except as provided in section 51-348 and subsections (b) to (h), inclusive, of this section, all civil process shall be made returnable to a judicial district, as follows:
(1) If all of 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 the defendant are residents of this state, to the judicial district where either the plaintiff or the 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 the 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 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.
(G) If 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.
(H) If either the plaintiff or the defendant resides in the town of Newington, Rocky Hill or Wethersfield, 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 or in rules of court.
(I) If either the plaintiff or the 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.
(J) If either the plaintiff or the defendant resides in the town of New Milford, the action may be made returnable at the option of the plaintiff to either the judicial district of Danbury or the judicial district of Litchfield.
(K) If either the plaintiff or the defendant resides in the town of Windham or Ashford, the action may be made returnable at the option of the plaintiff to either the judicial district of Windham or the judicial district of Tolland.
(b) Actions involving land. 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, Rocky Hill or Wethersfield and either the plaintiff or the defendant resides in the town of Newington, Rocky Hill or Wethersfield, 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 or in rules of court.
(9) If the land is located in the town of New Milford and either the plaintiff or the defendant resides in the town of New Milford, the action may be made returnable at the option of the plaintiff to either the judicial district of Danbury or the judicial district of Litchfield.
(c) Actions by a corporation. 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) Actions involving consumer transactions. In all actions involving consumer transactions, civil process shall be made returnable to the judicial district where the 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 or herself to pay for goods sold or leased, services rendered or moneys loaned for personal, family or household purposes.
(e) Actions for partition or sale. 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) Actions by nonresident fiduciary. 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 Probate Court which granted administration is held.
(g) Small claims matters. Venue for small claims matters shall be at Superior Court facilities designated by the Chief Court Administrator to hear such matters. In small claims matters, civil process shall be made returnable to the Superior Court facility designated by the Chief Court Administrator to serve the small claims area where the plaintiff resides, where the defendant resides or is doing business or where the transaction or injury occurred. If the plaintiff is a domestic corporation, a United States corporation, a foreign corporation or a limited liability company, civil process shall be made returnable to a Superior Court facility designated by the Chief Court Administrator to serve the small claims area where the defendant resides or is doing business or where the transaction or injury occurred.
(h) Housing matters. (1) In all actions involving housing matters, as defined in section 47a-68, civil process shall be made returnable to the judicial district where the premises are located, except that actions described in subdivision (6) of section 47a-68 shall be heard in the geographical area where the premises are located unless otherwise provided in subsection (d) of section 51-348.
(2) Notwithstanding the provisions of subdivision (1) of this subsection concerning the judicial district to which civil process shall be made returnable:
(A) If the premises are located in Avon, Canton, Farmington, Newington, Rocky Hill, Simsbury or Wethersfield, 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.
(B) If the premises are located in Ansonia, Beacon Falls, Derby, Oxford, Seymour or Shelton, the action shall be made returnable to the judicial district of Ansonia-Milford. After the filing of the action, the plaintiff or the defendant may request a change in venue to the judicial district of New Haven or the judicial district of Waterbury.
(c) If the premises are located in Milford, Orange or West Haven, the action shall be made returnable to the judicial district of New Haven.
(1949 Rev., S. 7747; 1961, P.A. 517, S. 37; 1972, P.A. 165, S. 9; June, 1972, P.A. 1, S. 20; P.A. 74-183, S. 79, 291; P.A. 75-406, S. 2, 11; 75-578, S. 14; P.A. 76-65; 76-380; S. 10, 12; 76-436, S. 122, 681; P.A. 77-396; 77-576, S. 4, 65; P.A. 78-280, S. 97, 127; P.A. 80-173; 80-201, S. 6, 9; P.A. 81-241, S. 1; P.A. 82-248, S. 153; P.A. 83-96, S. 1, 2; June Sp. Sess. P.A. 83-25, S. 6, 9; P.A. 85-239, S. 2, 3, 6; P.A. 88-230, S. 8, 12; P.A. 89-138, S. 1–3; 89-141, S. 3, 4, 7; P.A. 90-98, S. 1, 2; P.A. 91-42, S. 1–3; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4–6; P.A. 97-40, S. 9, 10, 18; P.A. 98-81, S. 14, 20; P.A. 00-191, S. 8, 16; June Sp. Sess. P.A. 01-9, S. 58, 131; P.A. 02-132, S. 75; P.A. 04-127, S. 9; P.A. 17-99, S. 11; P.A. 19-32, S. 18.)
History: 1961 act referred to actions brought before circuit court rather than to those brought before justices of the peace; 1972 acts added references to actions brought before superior court, effective September 5, 1972; P.A. 74-183 excepted summary process actions from existing provisions, deleted references to actions brought before circuit court, reflecting transfer of its functions to common pleas court and added Subsec. (b) re small claims actions, effective December 31, 1974; P.A. 75-406 added provision re venue in paternity actions in Subsec. (b); P.A. 75-578 added reference to actions brought before court of common pleas in judicial district of Ansonia-Milford in Subsec. (a); P.A. 76-65 specified venue in small claims actions in geographical area where defendant resides or does business or where transaction occurred rather than in geographical area where one of the parties resides or does business or where, if a foreign or domestic corporation, such corporation has office or place of business; P.A. 76-380 added exception re Secs. 51-348 and Subsec. (b) in Subsec. (a); P.A. 76-436 amended section to reflect transfer of all trial jurisdiction to superior court, deleting references to actions brought to common pleas court, effective July 1, 1978; P.A. 77-396 added Subsec. (d) re venue for consumer transactions; P.A. 77-576 essentially replaced previous general provisions with specific and detailed provisions, effective July 1, 1978; P.A. 78-280 rephrased Subsec. (d) for consistency with P.A. 77-576 amendments; Sec. 52-42 transferred to Sec. 51-345 in the 1977 Court Reorganization Supplement; P.A. 80-173 applied Subsec. (a)(3)(E) to residents of Bethany and Woodbridge; P.A. 80-201 added Subsecs. (a)(3)(H) and (b)(8) re actions returnable to judicial districts of Fairfield or Stamford-Norwalk; P.A. 81-241 amended Subsec. (a) by providing in Subdiv. (3)(A) that if the plaintiff or defendant lives in East Windsor or South Windsor, the action may be returned to the Hartford-New Britain or Tolland judicial district, and amended Subsec. (b) by providing in Subdiv. (1) that if the land is located in East Windsor or South Windsor and the plaintiff or defendant resides in either of those towns the action may be returned to the Hartford-New Britain or Tolland judicial district; P.A. 82-248 rephrased the section, amended Subsec. (b) by replacing real “estate” with real “property”, added Subsec. (e) concerning actions for partition or sale which was formerly Sec. 52-18 and added Subsec. (f) concerning actions by a nonresident fiduciary which is similar to former Sec. 52-21; P.A. 83-96 amended Subsecs. (a)(3)(A) and (b)(1) by adding the town of Enfield; June Sp. Sess. P.A. 83-25 amended Subsecs. (a) and (b) by deleting provisions re the option of the plaintiff to return the action to either the New Haven or Middlesex judicial district when either party resides in Wallingford or Meriden, and re the option of the plaintiff to return the action to either the New Haven or Waterbury judicial district when either party resides in Cheshire, and relettering the remaining subdivisions and subparagraphs as necessary; P.A. 85-239 amended Subsec. (a) by deleting provision permitting the plaintiff to return the action to either the Litchfield or Waterbury judicial district when either party resides in Thomaston, relettering Subdiv. (3)(F) as (3)(E), and adding new Subdiv. (3)(F) permitting the plaintiff to return the action to either the Waterbury or Litchfield judicial district when either party resides in Watertown or Woodbury, and amended Subsec. (b) by deleting provision permitting plaintiff to return the action to either the Litchfield or Waterbury judicial district if the land is located and either party resides in Thomaston, renumbering Subdiv. (6) as Subdiv. (5) and adding new Subdiv. (6) permitting the plaintiff to return the action to either the Waterbury or Litchfield judicial district if the land is located and either party resides in Watertown or Woodbury; P.A. 88-230 amended Subsecs. (a)(3)(A) and (b)(1) to change reference to the judicial district of Hartford-New Britain to the judicial district of Hartford, amended Subsecs. (a)(3)(B) and (b)(2) to change reference to the judicial district of Hartford-New Britain to the judicial district of New Britain, amended Subsec. (a) by adding Subdiv. (3)(G) permitting the plaintiff to return action to either the Hartford or New Britain judicial district when either party resides in Avon, Canton, Farmington or Simsbury and Subdiv. (3)(H) permitting the plaintiff to return action to either the Hartford or New Britain judicial district when either party resides in Newington except when venue is in the geographical area, and amended Subsec. (b) by adding Subdiv. (7) permitting the plaintiff to return action to either the Hartford or New Britain judicial district if the land is located and either party resides in Avon, Canton, Farmington or Simsbury and Subdiv. (8) permitting the plaintiff to return action to either the Hartford or New Britain judicial district if the land is located and either party resides in Newington except when venue is in the geographical area, all changes effective September 1, 1991; P.A. 89-138 amended Subsec. (a) by adding Subdiv. (3)(G) permitting plaintiff to return action to either Hartford-New Britain or Middlesex judicial district when either party resides in Cromwell, and amended Subsec. (a) by adding Subdiv. (3)(I) permitting plaintiff to return action to either Hartford or Middlesex judicial district when either party resides in Cromwell; P.A. 89-141 amended Subsec. (a)(3)(C) by permitting the plaintiff to return the action to either the New Haven or Ansonia-Milford judicial district if either party resides in West Haven and amended Subsec. (b)(3) by permitting the plaintiff to return the action to either the New Haven or Ansonia-Milford judicial district if the land is located and either party resides in Bethany, West Haven or Woodbridge; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-42 amended Subsec. (b)(5) by deleting the plaintiff's option to return the action to either the judicial district of Stamford-Norwalk or Fairfield when the land is located in the town of Darien, Greenwich, New Canaan, Norwalk or Stamford; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 97-40 amended Subsec. (a) by expanding exception to Subsecs. (b) to (g), inclusive, amended Subsec. (c) by adding exception for Subsecs. (d) or (g) of this section, amended Subsec. (d) by changing “defendant” to “consumer” and added Subsec. (g) re return of civil process in small claims matters, effective September 1, 1997; P.A. 98-81 amended Subsec. (a)(3)(H) by adding “Rocky Hill or Wethersfield” and amended Subsec. (b)(8) by adding “Rocky Hill or Wethersfield”, effective May 22, 1998; P.A. 00-191 amended Subsec. (g) by adding provision re return of process where plaintiff is a corporation or limited liability company, effective September 1, 2000; June Sp. Sess. P.A. 01-9 amended Subsec. (g) to add provision that venue for small claims matters shall be at Superior Court facilities designated by the Chief Court Administrator to hear such matters, specify that civil process in small claims matters shall be made returnable to “the” Superior Court facility, rather than “a” Superior Court facility, designated by the Chief Court Administrator to serve the small claims area and delete requirement that the small claims area be “within the boundaries of the judicial district” where the plaintiff resides, the defendant resides or is doing business or the transaction or injury occurred, effective July 1, 2001; P.A. 02-132 amended Subsec. (g) by deleting “within the boundaries of the judicial district” re small claims area and making technical changes, effective June 7, 2002; P.A. 04-127 added Subsec. (a)(3)(J) re return of process where plaintiff or defendant resides in town of New Milford and Subsec. (b)(9) re return of process where land is located in town of New Milford; P.A. 17-99 amended Subsec. (a)(3) by adding Subpara. (K) re if plaintiff or defendant resides in Windham or Ashford action may be made returnable to judicial district of Windham or Tolland, amended Subsec. (d) by making technical changes, and added Subsec. (h) re return of civil process in actions involving housing matters; P.A. 19-32 made technical changes.
Annotations to former section 52-42:
Title to land not in question in foreclosure suit. 6 C. 198; 27 C. 564. Nor in action for mesne profits. 1 D. 263. Suits against corporations may be brought where any stockholder lives. 13 C. 202. Attachment made before receipt of process is insufficient. 43 C. 183. Replevin is in the nature of a transitory action. 66 C. 549. District court cannot determine the title to real estate which is not within the district; court of common pleas in the judicial district of Waterbury can settle title to land only if it lies within the district. 72 C. 698. Scire facias on judgment must be brought in county where judgment was rendered. 74 C. 89. It has concurrent jurisdiction with court of common pleas of New Haven county where plaintiff lives in the district and defendant in New Haven. 96 C. 283. In case of necessary joinder of parties if one plaintiff or defendant resides in one county and the rest in another, action may be brought in either county; but nonresident receiver cannot join defendant stockholders residing in different counties where liability of each is separate. 121 C. 220. Cited. 130 C. 326; 146 C. 370; 153 C. 131.
The process of attachment with respect to an in personam judgment is ancillary to and distinct from the process of service and invalidity of attachment does not abate the entire action. 11 CS 261. Declaratory judgment is not an ordinary civil action but is an action sui generis. 12 CS 276. Service on motor vehicle commissioner at his office where both parties are nonresidents establishes venue in Hartford; the personal residence of the agent on whom substituted service is to be made is immaterial. 18 CS 442. Cited. 20 CS 350. Legislative history discussed. 28 CS 451.
Annotations to present section:
Cited. 235 C. 595.
Cited. 10 CA 45.
Subsec. (a):
Subdiv. (1): Motion to dismiss denied; where court has jurisdiction but no venue, and no other court has venue, plaintiff's right to be heard prevails and court has an obligation to hear the case. 46 CA 110.
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Sec. 51-345a. (Formerly Sec. 52-17). Land lying in two or more judicial districts. Section 51-345a is repealed.
(1949 Rev., S. 7748; 1959, P.A. 28, S. 103; 1972, P.A. 165, S. 20; June, 1972, P.A. 1, S. 20; P.A. 74-183, S. 72, 291; P.A. 78-280, S. 100, 127; P.A. 82-248, S. 163.)
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Sec. 51-345b. Venue in actions involving administrative decisions of municipal agencies. (a) Notwithstanding the provisions of any general statute requiring that an appeal of an administrative decision of an officer, board, commission or agency of a municipality be taken to the superior court for the judicial district in which such municipality is located, such an action may be made returnable to a judicial district as provided in subdivision (3) of subsection (a) of section 51-345.
(b) Any appeal of an administrative decision of an officer, board, commission or agency of a municipality taken prior to May 24, 1985, otherwise valid except that such action was made returnable to the superior court for a judicial district in accordance with subdivision (3) of subsection (a) of section 51-345 rather than to the superior court for the judicial district in which such municipality is located, is validated.
(P.A. 85-239, S. 4–6.)
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Sec. 51-346. (Formerly Sec. 52-24). Location in judicial district where civil process may be made returnable. Trial locations. (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 court at Torrington;
(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;
(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.
(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.
(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, except that small claims matters may be heard at any Superior Court facility designated by the Chief Court Administrator.
(1949 Rev., S. 7764, 7765; 1951, S. 3114d, 3115d; 1957, P.A. 445, S. 3, 4; P.A. 73-603, S. 2; P.A. 75-578, S. 2; P.A. 76-436, S. 662, 681; P.A. 77-411, S. 1, 6; 77-576, S. 5, 65; P.A. 78-379, S. 15, 27; P.A. 80-201, S. 7, 9; P.A. 82-248, S. 154; P.A. 88-230, S. 9, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4–6; P.A. 97-40, S. 11, 12, 18; June Sp. Sess. P.A. 01-9, S. 59, 131; P.A. 17-99, S. 12; P.A. 19-64, S. 20.)
History: P.A. 73-603 amended Subsec. (c) to apply provision re court sessions at Danbury; P.A. 75-578 deleted previous detailed provisions specifying permissible transfers, added exception in Subsec. (c) and added Subsecs. (d) to (h) re bringing of action in New London or Windham county or in judicial district of Waterbury and re assignment for trial and transfers generally; P.A. 76-436 added exceptions re small claims, support paternity and summary process actions in existing provisions, substituted Meriden for Waterbury in Subsec. (a), deleted New Britain in Subsec. (b) and Ansonia in Subsec. (d), inserted Subsecs. (g) to (k) and relettered former Subsecs. (g) and (h) accordingly, effective July 1, 1978; P.A. 77-411 added Bristol in Subsec. (b), effective July 1, 1978; P.A. 77-576 replaced counties with judicial districts generally, reorganizing Subsecs., merged judicial district of New Britain and Hartford county to form judicial district of Hartford-New Britain and created judicial district of Danbury, effective July 1, 1978; Sec. 52-24 transferred to Sec. 51-346 in the 1977 Court Reorganization Supplement; P.A. 78-379 made technical corrections in Subsec. (a); P.A. 80-201 added Subsec. (a)(12) re judicial district of Stamford-Norwalk and deleted reference to Stamford in Subsec. (a)(3); P.A. 82-248 amended Subsec. (a) by alphabetizing the judicial districts and amended Subsec. (b) by deleting a provision authorizing transfer of cases between locations within the same judicial district; P.A. 88-230 added Subsec. (a)(7) providing that civil actions brought to the judicial district of New Britain be returned to the court at New Britain or Bristol and renumbered the remaining Subdivs. accordingly, and changed reference to the judicial district of Hartford-New Britain to the judicial district of Hartford and deleted references to the court at Bristol or New Britain reflecting the transfer of said towns to the new New Britain judicial district in Subsec (a)(4), effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 97-40 amended Subsec. (a) by adding “except small claims as provided in subsection (b) of this section”, added new Subsec. (b) re small claims matters and small claims housing matters and redesignated former Subsec. (b) as Subsec. (c), effective September 1, 1997; June Sp. Sess. P.A. 01-9 amended Subsec. (c) to add exception that small claims matters may be heard at any Superior Court facility designated by the Chief Court Administrator, effective July 1, 2001; P.A. 17-99 amended Subsec. (a)(13) by deleting “or Willimantic as the plaintiff elects”, effective June 30, 2017; P.A. 19-64 amended Subsec. (a)(5) by replacing “courthouse for the judicial district of Litchfield” with “court at Torrington” and amended Subsec. (a)(7) by deleting “or Bristol as the plaintiff elects”, effective September 1, 2019.
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Sec. 51-346a. Jury trial in the judicial district of Ansonia-Milford. If a jury trial is claimed in any civil action brought to the judicial district of Ansonia-Milford at Ansonia, such trial shall be tried in Milford until such time as suitable facilities are available for jury trials in either Ansonia or in Derby.
(P.A. 76-436, S. 678, 681.)
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Sec. 51-347. (Formerly Sec. 52-47). Where writs may be filed. (a) 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 Torrington 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;
(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; and
(13) At Putnam if returnable to the judicial district of Windham.
(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.
(1949 Rev., S. 7767; 1959, P.A. 28, S. 105; P.A. 73-603, S. 3; P.A. 74-183, S. 208, 291; P.A. 75-406, S. 9, 11; 75-530, S. 29, 35; 75-578, S. 3; P.A. 76-436, S. 663, 681; P.A. 77-411, S. 2, 6; 77-576, S. 6, 65; P.A. 78-280, S. 5, 98, 127; 78-379, S. 16, 27; P.A. 80-201, S. 8, 9; P.A. 82-248, S. 155; June Sp. Sess. P.A. 83-25, S. 7, 9; P.A. 85-414, S. 3, 5; P.A. 86-403, S. 83, 132; P.A. 88-230, S. 10, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4–6; P.A. 97-40, S. 13, 14, 18; P.A. 17-99, S. 13; P.A. 19-64, S. 21.)
History: 1959 act deleted provisions re civil process returnable to a justice of the peace; P.A. 73-603 specified where writs returnable to superior or common pleas court and motions, pleadings or appearances to be filed; P.A. 74-183 specified that filing is to be in “facilities occupied by the superior court” and added exception re filing of small claims, support and summary process actions and of related pleadings and appearances, effective December 31, 1974; P.A. 75-406 included paternity actions in exception added by P.A. 74-183; P.A. 75-530 added exception re process in summary process actions in provision re return of process to superior court or court of common pleas; P.A. 75-578 clarified specifications re return of writs to add references to court locations of Meriden, Ansonia, Norwich and Windham; P.A. 76-436 amended provisions to reflect transfer of all trial jurisdiction to superior court, deleting references to supreme and common pleas courts, added provisions re filings for judicial districts of Ansonia-Milford and New Britain and added reference to causes where venue is in geographical areas and specified that no cause shall fail because of submission to session of improper venue, effective July 1, 1978; P.A. 77-411 added provision re filings at Bristol, effective July 1, 1978; P.A. 77-576 replaced counties with judicial districts generally, creating judicial district of Hartford-New Britain in place of Hartford county and judicial district of New Britain and creating judicial district of Danbury, and deleted provisions re small claims, support, paternity and summary process actions and other causes venue for which is in geographical areas and provision re submission to session of improper venue added by P.A. 76-436, effective July 1, 1978; Sec. 52-47 transferred to Sec. 51-347 in the 1977 Court Reorganization Supplement; P.A. 78-280 and P.A. 78-379 made technical changes necessary to effect change from counties to judicial districts; P.A. 80-201 added Subdiv. (12) re judicial district of Stamford-Norwalk and removed reference to Stamford in Subdiv. (3) accordingly; P.A. 82-248 added “to which the writ is returnable” after “judicial district” and alphabetized the list of towns; June Sp. Sess. P.A. 83-25 amended Subdiv. (7) by adding “at Meriden if returnable to the judicial district of New Haven at Meriden”; P.A. 85-414 revised Subdiv. (8) to provide that writ returnable to judicial district of New London at Norwich shall be filed at Norwich, effective December 2, 1985, upon certification of the chief court administrator that the courthouse in New London is operational; P.A. 86-403 revised effective date of P.A. 85-414 but without affecting this section; P.A. 88-230 added Subdiv. (7) to provide that a writ shall be filed at New Britain if returnable to the judicial district of New Britain at New Britain or Bristol and renumbered the remaining Subdivs. accordingly, and revised Subdiv. (4) to change reference to the judicial district of Hartford-New Britain to the judicial district of Hartford and delete provision re filing of writs at New Britain if returnable to the judicial district of Hartford-New Britain at New Britain or Bristol to reflect transfer of said towns to the new New Britain judicial district, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 97-40 designated existing provisions as Subsec. (a), amended Subsec. (a) by adding “Except as provided in subsection (b) of this section” and added new Subsec. (b) re filing of writs and other documents re small claims matters, effective September 1, 1997; P.A. 17-99 amended Subsec. (a) by deleting “at Putnam or Willimantic” in Subdiv. (13) and making a technical change, effective June 30, 2017; P.A. 19-64 amended Subsec. (a)(5) by replacing “the court courthouse for the judicial district of Litchfield” with “Torrington” and amended Subsec. (a)(7) by deleting reference to “at New Britain or Bristol”, effective September 1, 2019.
See Sec. 51-347c re next business day as last day for filing when clerk's office closed.
Annotations to former section 52-47:
Return to clerk's office, sufficient. 2 D. 480. Failure to return makes the service a trespass ab initio. 25 C. 568. Includes writ of error. 85 C. 375. Return by indifferent person should be sworn to. 74 C. 728. Return is no part of pleadings, hence not demurrable; 81 C. 284; cannot be amended after judgment to confer jurisdiction. 85 C. 327. Return day cannot be changed after issuance, nor defect be amended. 74 C. 38; Id., 438. Return should show adequate service. 72 C. 430. Not applicable to motion to Supreme Court for order requiring trial court to make finding. 95 C. 691. Cited. 113 C. 79; 116 C. 31; 137 C. 300. By counter claiming for divorce, defendant waived late return of writ and his plea in abatement was properly overruled. 157 C. 470.
Cited. 8 CS 266. No authority in clerk of the Superior Court to refuse to receive and enter a late return of process; a late return is voidable if attacked by the proper pleading. 15 CS 307. Provisions of statute in respect to the return of process are mandatory. Id., 504. Where foreign attachment is made, process must be returned to court at least 6 days before return day; motion to quash proper procedure to attack. 20 CS 294. Method of computing number of days discussed. 24 CS 314. Where return of process was not made at least 6 days before return day as required by section, proceeding was voidable, not void, and filing of general appearance by defendant constituted waiver of defect. 27 CS 126–128. Section nullified if motion to amend return day of writ under Sec. 52-48 is allowed. 28 CS 489. Cited. 33 CS 701.
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Sec. 51-347a. (Formerly Sec. 52-30). Transfer of jury causes to other judicial districts. (a) The judge holding the superior court in any judicial district may, if in the opinion of such judge the cause of justice requires it, upon motion, order any civil action pending in the court, to be transferred to the court in another judicial district. The Chief Court Administrator or any judge designated by the Chief Court Administrator to act on behalf of the Chief Court Administrator under this section may, on motion of the Chief Court Administrator or any such judge, when required for the efficient operation of the courts and to insure the prompt and proper administration of justice, order like transfers.
(b) In each such case the clerk of the court location in which the action is pending shall transmit to the clerk of the court location to which the action is transferred the original files and papers with a certificate of transfer. The clerk of the court location to which the action is transferred shall enter the action in the docket of his court location and the action shall thereafter proceed as if it were originally brought to that court location.
(c) Attachments, bonds, recognizances and other securities and obligations shall not be affected by the transfer and all persons bound to appear in the action shall be held to appear before the court location to which it is transferred as if the obligation were so originally made. The judge ordering the transfer may require additional bonds for appearance before such court.
(1949 Rev., S. 7755; P.A. 74-183, S. 74, 291; P.A. 75-578, S. 13; P.A. 76-436, S. 10a, 115, 681; P.A. 78-280, S. 1, 99, 127; P.A. 82-248, S. 156; P.A. 99-215, S. 26, 29.)
History: P.A. 74-183 added provision authorizing chief court administrator to transfer cases, effective December 31, 1974; P.A. 75-578 applied provisions to judicial district of Ansonia-Milford; P.A. 76-436 deleted reference to court of common pleas, reflecting transfer of all trial jurisdiction to superior court and deleted reference to chief judge's power to transfer cases, adding reference to power of chief court administrator's designee to do so, effective July 1, 1978; Sec. 52-30 transferred to Sec. 51-347a in the 1977 Court Reorganization Supplement; P.A. 78-280 deleted references to counties and specific reference to transfers involving judicial district of Ansonia-Milford, thereby making provisions generally applicable; P.A. 82-248 rephrased the section and inserted Subsec. indicators; P.A. 99-215 amended Subsec. (a) by deleting requirement that a civil action be claimed to the jury in order to be transferred, adding provision that any judge designated by the Chief Court Administrator to act on his behalf under this section may order transfers and making technical changes, effective June 29, 1999.
Annotation to former section 52-30:
Cause may be transferred after jury has disagreed; record need not show the reasons for transfer. 44 C. 35.
Annotation to present section:
Cited. 179 C. 415.
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Sec. 51-347b. (Formerly Sec. 52-31). Transfer of causes by court, motion or agreement. Transfer by Chief Court Administrator. (a) Any action or the trial of any issue or issues therein may be transferred, by order of the court on its own motion or on the granting of a motion of any of the parties, or by agreement of the parties, from the superior court for one judicial district to the superior court in another court location within the same district or to a superior court location for any other judicial district, upon notice by the clerk to the parties after the order of the court, or upon the filing by the parties of a stipulation signed by them or their attorneys to that effect. The Chief Court Administrator or any judge designated by the Chief Court Administrator to act on behalf of the Chief Court Administrator under this section may, on motion of the Chief Court Administrator or any such judge, when required for the efficient operation of the courts and to insure the prompt and proper administration of justice, order like transfers.
(b) Upon the order of the court or the Chief Court Administrator or any judge designated by the Chief Court Administrator to act on behalf of the Chief Court Administrator under this section and notice to the parties or on the filing of the stipulation, the clerk of the court shall transfer the files in the action to the clerk of the court for the other judicial district or in the other court location.
(c) If only the trial of an issue or issues in the action has been transferred, the files, after the issues have been disposed of, shall be returned to the clerk of the court for the original judicial district or location, and judgment may be entered in such court.
(d) An entry fee shall not be required to be paid to the court to which any transfer pursuant to this section was made.
(1949 Rev., S. 7941; 1955, S. 3180d; 1972, P.A. 281, S. 27; P.A. 74-183, S. 75, 291; P.A. 76-436, S. 10a, 116, 681; P.A. 78-280, S. 1, 127; P.A. 82-248, S. 157; P.A. 99-215, S. 27, 29.)
History: 1972 act authorized transfers between circuit courts and specified that no entry fee is required to be paid to court to which transfer was made, effective September 1, 1972; P.A. 74-183 removed circuit courts from purview of section, reflecting transfer of circuit court functions to court of common pleas, and added provision authorizing chief court administrator to make transfers, effective December 31, 1974; P.A. 76-436 removed court of common pleas from purview of section reflecting transfer of all trial jurisdiction to superior court, and authorized transfers from one court location to another in same county or judicial district; Sec. 52-31 transferred to Sec. 51-347a in the 1977 Court Reorganization Supplement; P.A. 78-280 deleted references to counties; P.A. 82-248 rephrased the section and inserted Subsec. indicators; P.A. 99-215 amended Subsecs. (a) and (b) by adding provision that judge designated by Chief Court Administrator to act on his behalf may order transfers, effective June 29, 1999.
Annotations to former section 52-31:
Answer cannot be treated as equivalent to a stipulation for a transfer. 74 C. 90. Cited. 146 C. 37.
Annotations to present section:
Cited. 179 C. 415; 186 C. 198; 197 C. 141.
Cited. 3 CA 484.
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Sec. 51-347c. Last day for filing next business day if clerk's office closed. If the last day for filing of any matter in the clerk's office of the Superior Court falls on a day on which such office is closed, the last day for such filing shall be the next business day.
(P.A. 78-280, S. 74, 127.)
See Sec. 51-347 re places for filing writs.
See Secs. 52-46, 52-46a, 52-48 re service and return of process in civil actions.
Cited. 179 C. 415; 237 C. 209.
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Sec. 51-348. Geographical areas. Venue. Courthouse use. Venue for action pertaining to violation of state or municipal code. Hearing of infractions and violations by magistrate. (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, except as provided in subsection (e) of this section; (2) the arraignment of defendants in criminal matters; and (3) 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.
(d) In any judicial district in which housing matters are heard on a separate docket under section 51-348b, venue for an action pertaining to one or more violations of any state or municipal health, housing, building, electrical, plumbing, fire or sanitation code, including violations occurring in commercial properties, or of any other statute, ordinance or regulation concerned with the health, safety or welfare of any occupant of any housing shall be in the housing session for the judicial district, except that venue for such an action concerning premises located in Milford, Orange or West Haven shall be in the judicial district of New Haven. In all other judicial districts, venue for such actions, if placed on the criminal docket, shall be in the geographical area where the premises are located.
(e) Venue for infractions and violations that may be heard and decided by a magistrate pursuant to section 51-193u shall be at Superior Court facilities designated by the Chief Court Administrator to hear such matters.
(f) In any other matter, an action shall be made returnable to the geographical area as is prescribed by statute.
(P.A. 76-436, S. 10a, 671, 681; P.A. 77-576, S. 7, 65; P.A. 78-365, S. 5, 13; 78-379, S. 17, 27; P.A. 79-631, S. 10, 111; P.A. 80-448, S. 6, 8; P.A. 81-419, S. 9; P.A. 82-461, S. 7; P.A. 86-359, S. 41, 44; P.A. 88-230, S. 11, 12; P.A. 89-141, S. 5–7; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4–6; P.A. 97-40, S. 15, 16, 18; P.A. 99-215, S. 8; June Sp. Sess. P.A. 01-9, S. 60, 131; P.A. 02-132, S. 76; P.A. 14-207, S. 5; P.A. 17-99, S. 15.)
History: P.A. 77-576 included housing matters in Subsec. (b), deleted references to counties and deleted provision whereby chief court administrator was empowered to designate courthouses to which jurors originally summoned, effective July 1, 1978; P.A. 78-365 deleted former Subsec. (b)(7) re landlord and tenant matters and summary process, renumbering Subdiv. (8) accordingly and added provisions re housing matters in Subsec. (c); P.A. 78-379 authorized chief court administrator to alter geographical area boundaries in Subsec. (a) and substituted reference to Sec. 51-303 for reference to Sec. 51-301 in Subsec. (c); P.A. 79-631 substituted Sec. 47a-68 for Sec. 47a-43 in Subsec. (b)(6); P.A. 80-448 substituted Sec. 47a-68 for Sec. 47a-43 in Subsec. (c) and deleted provision which limited existence of separate docket for housing matters to 18 months commencing January 1, 1979; P.A. 81-419 amended Subsec. (b) to provide that venue for housing matters in the judicial district of New Haven shall be in the judicial district, and amended Subsec. (c) to provide that housing matters in the judicial district of New Haven shall be heard on a separate docket; P.A. 82-461 amended Subsec. (b) by providing that for housing matters in the Fairfield, Waterbury and Stamford-Norwalk judicial districts, venue shall be in the judicial district, and in the Ansonia-Milford judicial district venue shall be in the geographical area unless the plaintiff requests a change to the New Haven or Waterbury judicial district, and amended Subsec. (c) by providing that housing matters in the Fairfield, Waterbury and Stamford-Norwalk judicial districts be heard on a separate docket and that the judges assigned to hear housing matters in the New Haven and Fairfield judicial districts hear housing matters in the Waterbury and Stamford-Norwalk judicial districts, respectively; P.A. 86-359 amended Subsec. (b) by deleting “paternity matters” and “support matters” from matters subject to geographical areas for establishment of venue; P.A. 88-230 amended Subsecs. (a) and (b) to reflect division of the judicial district of Hartford-New Britain into the separate judicial districts of Hartford and of New Britain, and amended Subsec. (b) to add provision that in the judicial district of New Britain housing matters shall be heard by the judge assigned to hear housing matters in the judicial district of Hartford, effective September 1, 1991; P.A. 89-141 amended Subsec. (b) to provide that venue for housing matters when the premises are located in the town of Milford, Orange or West Haven shall be in the New Haven judicial district; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 97-40 amended Subsec. (b) by deleting reference to small claims matters, effective September 1, 1997; P.A. 99-215 amended Subsec. (b) by adding judicial districts of Middlesex and Tolland to exception in Subdiv. (3)(A); June Sp. Sess. P.A. 01-9 amended Subsec. (b)(1) to add exception re venue for motor vehicle matters and added new Subsec. (d) specifying that venue for motor vehicle matters shall be at Superior Court facilities designated by the Chief Court Administrator to hear such matters, effective July 1, 2001; P.A. 02-132 amended Subsec. (d) by replacing “motor vehicle matters” with “infractions and violations that may be heard and decided by a magistrate pursuant to section 51-193u”, effective June 7, 2002; P.A. 14-207 amended Subsec. (b)(3)(A) by adding to housing matters exception “and in any other judicial district for which the Chief Court Administrator determines that the prompt and proper administration of judicial business requires that venue for housing matters be in the judicial district”; P.A. 17-99 amended Subsec. (b) by deleting Subdiv. (3) re venue for housing matters, redesignated existing Subdiv. (4) as Subdiv. (3), amended Subsec. (c) by deleting provision re housing matters to be heard on separate docket within certain judicial districts, added new Subsec. (d) re venue for action pertaining to violation of state or municipal code, redesignated existing Subsec. (d) as Subsec. (e), added Subsec. (f) re action in any other matter returnable to geographical area as prescribed by statute, and made technical and conforming changes, effective June 30, 2017.
Cited. 36 CS 47; 39 CS 347.
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Sec. 51-348a. (Formerly Sec. 54-27). Prosecution for nonsupport in geographical area. (a) Notwithstanding the issuance of an order for support of a minor child or children by the Superior Court under the provisions of section 46b-84, any prosecution for nonsupport of a minor child or children as specified in section 53-304 may be brought to the geographical area of the superior court and shall proceed on proper complaint from the payee of the order, a support enforcement officer or an authorized representative of the Commissioner of Administrative Services.
(b) In any case where an order under the provisions of section 46b-84 has been issued, the order shall be the measure of failure to support.
(1953, S. 3323d; 1967, P.A. 656, S. 61a; 783; P.A. 73-373, S. 39; P.A. 74-183, S. 137, 291; P.A. 76-436, S. 529, 681; P.A. 77-452, S. 36, 72; 77-614, S. 70, 610; P.A. 82-248, S. 158; P.A. 83-295, S. 15; P.A. 90-213, S. 35, 56.)
History: 1967 acts clarified that circuit court has jurisdiction of nonsupport cases and added provisions re complaint of payee, family relations officer or authorized representative of finance commissioner; P.A. 73-373 substituted reference to Sec. 46-57 for reference to Sec. 46-26; P.A. 74-183 replaced circuit court with court of common pleas reflecting transfer of circuit court functions to common pleas court, effective December 31, 1974; P.A. 76-436 removed court of common pleas from purview of section reflecting transfer of all trial jurisdiction to superior court and allowed prosecution for nonsupport of child or children in geographical area, effective July 1, 1978; P.A. 77-452 made technical grammatical change; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; Sec. 54-27 transferred to Sec. 51-348a in 1981; P.A. 82-248 rephrased the section and inserted Subsec. indicators; P.A. 83-295 amended Subsec. (a) by replacing “family relations officer” with “family relations caseworker or support enforcement officer”; P.A. 90-213 deleted provisions concerning family relations caseworker.
See Sec. 46b-41 re definition of “complaints”.
Cited. 185 C. 502; 207 C. 48.
Cited. 41 CA 861; judgment reversed, see 241 C. 490.
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Sec. 51-348b. Housing matters heard on separate dockets within certain judicial districts. 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 (1) New Britain, such matters shall be heard by the judge assigned to hear housing matters in the judicial district of Hartford, (2) Waterbury, such matters shall be heard by the judge assigned to hear housing matters in the judicial district of New Haven, and (3) 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. Housing matters do not have to be heard in the facilities to which the process is returned and the pleadings are filed.
(P.A. 17-99, S. 16.)
History: P.A. 17-99 effective June 30, 2017.
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Sec. 51-349. Where actions commenced in geographical areas. Section 51-349 is repealed, effective June 30, 2017.
(P.A. 77-576, S. 8, 65; P.A. 82-248, S. 159; P.A. 86-403, S. 116, 132; P.A. 95-213; P.A. 97-40, S. 17, 18; P.A. 06-196, S. 180; P.A. 17-99, S. 52.)
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Sec. 51-350. Filing in a geographical area. All writs, motions, pleadings and appearances made returnable to a geographical area shall be filed in the clerk's office for the geographical area established pursuant to section 51-348.
(P.A. 77-576, S. 9, 65.)
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Sec. 51-351. Return to improper locations. No cause shall fail on the ground that it has been made returnable to an improper location.
(P.A. 77-576, S. 10, 65.)
Authority to transfer extends to administrative appeals as well as ordinary civil actions. 3 CA 484. Cited. 6 CA 261. “Cause” also applies to appeals from probate. 9 CA 368.
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Sec. 51-351a. (Formerly Sec. 52-32a). Failure to state proper forum. No civil action shall fail and no proceedings therein shall be void for lack of jurisdiction because the complaint or appeal is directed to a court instead of a judge thereof or to a judge instead of the court of which he is judge, provided such complaint or appeal shall be amended prior to trial properly to state the forum to which it is returnable.
(February, 1965, P.A. 610.)
History: Sec. 52-32a transferred to Sec. 51-351a in 1983.
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Sec. 51-351b. Short title: Uniform Transboundary Pollution Reciprocal Access Act. (a) This section may be cited as the “Uniform Transboundary Pollution Reciprocal Access Act”.
(b) As used in this section:
(1) “Reciprocating jurisdiction” means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America, or a province or territory of Canada, which has enacted this section or provides substantially equivalent access to its courts and administrative agencies.
(2) “Person” means an individual person, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity.
(c) An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction.
(d) A person who suffers, or is threatened with, injury to his person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this jurisdiction has the same rights to relief with respect to the injury or threatened injury, and may enforce those rights in this jurisdiction as if the injury or threatened injury occurred in this jurisdiction.
(e) The law to be applied in an action or other proceeding brought pursuant to this section, including what constitutes “pollution”, is the law of this jurisdiction excluding choice of law rules.
(f) This section does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in this jurisdiction.
(g) The right provided in this section is in addition to and not in derogation of any other rights.
(h) The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this section only to the extent that it would apply to a person injured or threatened with injury in this jurisdiction.
(i) This section shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this section among jurisdictions enacting it.
(P.A. 92-109, S. 1–9; P.A. 95-79, S. 174, 189.)
History: P.A. 95-79 amended Subsec. (b) to redefine “person” to include a limited liability company, effective May 31, 1995.
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Sec. 51-352. (Formerly Sec. 54-77). Venue in criminal actions. (a) Each person charged with any offense shall be tried in the judicial district in which the offense was committed, except when it is otherwise provided.
(b) If theft is committed in one judicial district and the property stolen is carried into another judicial district, the offender may be tried in either judicial district.
(1949 Rev., S. 8793; 1961, P.A. 517, S. 51; P.A. 73-116, S. 7; 73-667, S. 1, 2; P.A. 74-183, S. 193, 291; P.A. 76-436, S. 169, 681; P.A. 78-280, S. 1, 127; P.A. 82-248, S. 160.)
History: 1961 act provided prosecution of person arrested for offense committed upon car or steamboat be in circuit or county rather than town where court is held; P.A. 73-116 added references to judicial districts; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 74-183 specified applicability of provisions to persons charged in superior court or court of common pleas and deleted reference to circuits, circuit courts' functions having been transferred to court of common pleas, effective December 31, 1974; P.A. 76-436 deleted specific reference to superior court and court of common pleas, reflecting transfer of all trial jurisdiction to superior court, and made other minor wording changes, effective July 1, 1978; Sec. 54-77 transferred to Sec. 51-352 in the 1977 Court Reorganization Supplement; P.A. 78-280 deleted references to counties; P.A. 82-248 rephrased the section, inserted Subsec. indicators and deleted a provision concerning the place of prosecution for a person arrested for an offense committed upon a car or steamboat.
Annotations to former section 54-77:
Thief may be prosecuted wherever he carries stolen goods. 1 R. 69. No jurisdiction over offense laid to have been committed in another state. Id., 403. Stealing in another state and bringing property here constitutes crime here. 3 C. 187; 33 C. 264. Nonresident procuring crime to be committed here punishable here. 34 C. 129. Congress has no power to confer jurisdiction on state courts for federal offense, nor can General Assembly confer such jurisdiction. Id., 297; 82 C. 367; judgment reversed, see 223 U.S. 1. “Otherwise provided” construed to mean “provided by statute”. 62 C. 127. Venue of crime of nonsupport; 93 C. 363; of uttering in one county forged checks drawn on bank in another county. 96 C. 432. Trial in wrong county is error. Id. Cited. 187 C. 264.
History; constitutionality. 5 CS 506.
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Sec. 51-352a. (Formerly Sec. 54-77b). Venue for offenses committed prior to April 22, 1975. With respect to venue in criminal matters for the towns provided for in sections 51-139, 52-25e and 54-77a, the provisions of such sections shall apply only to offenses committed on or after April 22, 1975, and the provisions of section 51-139 of the general statutes, revision of 1958, revised to 1975, shall apply to offenses committed prior to said date; but no criminal cause shall fail for having been brought to a session of improper venue.
(P.A. 75-498, S. 1, 2.)
History: Sec. 54-77b transferred to Sec. 51-352a in 1981.
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Sec. 51-352b. (Formerly Sec. 54-28). Jurisdiction of crimes committed on water. All offenses committed on any waters adjacent to a town, but not wholly within it, shall be deemed, for the purpose of determining the jurisdiction of courts, to be committed in such town.
(1949 Rev., S. 8744.)
History: Sec. 54-28 transferred to Sec. 51-352b in 1981.
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Sec. 51-352c. (Formerly Sec. 54-41). Jurisdiction of various offenses. (a) A criminal prosecution shall not fail by reason of the fact that the evidence may disclose the crime to have been committed in a town or judicial district adjoining that alleged in the indictment or information.
(b) If any person is accused of committing any offense on the boundary or divisional line between any of the towns or judicial districts in the state, or so near thereto as to render it doubtful in which town or judicial district the offense was committed, the town or judicial district which first assumes jurisdiction by issuing process for the arrest and prosecution of the offender, whether the name of such offender is known or unknown, shall have exclusive jurisdiction to charge, present, indict, try, convict and sentence. In such a case, it shall only be necessary for the state, judicial district, town, city or borough to establish the venue alleged in the information, complaint, warrant or indictment by proving that the offense alleged was committed on the boundary of the judicial district or town in which the accused is being tried or so near thereto as to render it doubtful in which town or judicial district the offense was committed.
(c) The provisions of this section shall not impair the right of the accused to obtain a change of venue.
(1949 Rev., S. 8763; P.A. 73-116, S. 13; 73-667, S. 1, 2; P.A. 78-280, S. 2, 127; P.A. 82-248, S. 161.)
History: P.A. 73-116 added references to judicial districts; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 78-280 deleted references to counties; Sec. 54-41 transferred to Sec. 51-352c in 1981; P.A. 82-248 rephrased the section and inserted Subsec. indicators.
See Sec. 51-352b re jurisdiction of crimes committed on water.
See Sec. 54-1b re arraignment of prisoners and required advice as to rights.
Cited. 197 C. 507; 198 C. 147; Id., 285; 215 C. 231.
Cited. 16 CA 245.
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Sec. 51-353. (Formerly Sec. 54-78). Change of venue in criminal case. Any judge holding a criminal session of the Superior Court may, upon motion, order any criminal case pending in the court to be transferred to the superior court for any other judicial district, and any person bound to appear in the case shall appear before the court for the judicial district to which it is transferred. The judge ordering the transfer may require an additional recognizance for the appearance of the accused before such court.
(1949 Rev., S. 8794; P.A. 73-116, S. 8; 73-667, S. 1, 2; P.A. 74-183, S. 194, 291; P.A. 76-336, S. 8; 76-436, S. 170, 681; P.A. 78-280, S. 1, 127; P.A. 82-248, S. 162.)
History: P.A. 73-116 added references to judicial districts; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 74-183 applied provisions to court of common pleas, effective December 31, 1974; P.A. 76-336 deleted requirement that expenses accruing prior to transfer of case be taxed before any transfer takes place; P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, and deleted requirement that expenses accruing to time case is transferred must be taxed before actual transfer takes place, effective July 1, 1978; Sec. 54-78 transferred to Sec. 51-353 in the 1977 Court Reorganization Supplement; P.A. 78-280 deleted references to counties; P.A. 82-248 rephrased provisions but made no substantive change.
Annotations to former section 54-78:
When change of venue should be granted; procedure. 98 C. 461; 100 C. 209; 103 C. 469; 109 C. 571. Court exercises discretion whether motion should be granted. 143 C. 167. On motion for change of venue, burden of showing that a fair and impartial trial cannot be had in the county of origin is on the accused. 147 C. 194.
On motion for change of venue, burden of showing that a fair and impartial trial cannot be had in the county of origin is on the accused. 20 CS 242.
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Sec. 51-353a. (Formerly Sec. 54-18). Transfer of criminal cases between and within judicial districts. Cases pending on the criminal docket of the superior court in any geographical area or judicial district may, with the consent of the accused and the state's attorney for such judicial district, be transferred to the criminal sessions of said court in any other judicial district or may be transferred to any other courthouse within the judicial district.
(1949 Rev., S. 8728; 1967, P.A. 622, S. 4; P.A. 73-116, S. 18; 73-667, S. 1, 2; P.A. 76-47, S. 1, 2; P.A. 77-452, S. 35, 70, 72; P.A. 78-280, S. 116, 127.)
History: 1967 act added provision authorizing transfer of cases pending in criminal sessions of superior court of one county to criminal sessions of that court in another county; P.A. 73-116 added references to judicial districts and deleted provision specifically applicable to transfers between courts at New Haven and Waterbury; P.A. 73-667 changed effective date of P.A. 73-116 from October 1, 1973, to April 25, 1973; P.A. 76-47 added Subsec. (b) re transfers from common pleas court to superior court for purpose of consolidating cases involving same accused; P.A. 77-452 deleted Subsec. (b), reflecting transfer of all trial jurisdiction to superior court, and, in remaining provisions, included reference to geographical areas and added provision authorizing transfer of case from one courthouse to another in same county or judicial district, effective July 1, 1978; P.A. 78-280 deleted references to counties and referred to cases pending “on the criminal docket” rather than to cases pending “in the criminal sessions”, reflecting fact that court now sits continuously; Sec. 54-18 transferred to Sec. 51-353a in 1981.
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Sec. 51-353b. (Formerly Sec. 54-79). Files in transferred cases. The clerk of the court in which such case is pending shall transmit the original files and papers therein, with a certificate of such transfer, to the clerk of the court to which such case is transferred, who shall at once enter it on the docket of such court. Such case may be heard at a session of such court then being held, or thereafter to be held, for the transaction of criminal business and be there proceeded with in the same manner as if it were originally brought to such court.
(1949 Rev., S. 8795.)
History: Sec. 54-79 transferred to Sec. 51-353b in 1981.
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