House Bill No. 7364
               House Bill No. 7364

              PUBLIC ACT NO. 91-324

AN  ACT  CONCERNING  INTERNATIONAL OBLIGATIONS AND
PROCEDURES.


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is repealed and the following  is  substituted  in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