Title 52 — Title 52: Civil Actions

Sec. 52-261. Fees and expenses of officers and persons serving process or performing other duties. (a) Except as provided in subsection (b) of this section and section 52-261a, each officer or person who serves process, summons or attachments on behalf of: (1) An official of the …

Sec. 52-261a. Fees and expenses of officers and persons serving process or performing other duties for the Judicial Department or Division of Criminal Justice. (a) Any process served by any officer or person for the Judicial Department or Division of Criminal Justice shall be ser…

Sec. 52-262. Fees for signing process, administering oaths, acknowledgments. Any person legally authorized, except when otherwise provided and except for judges, prosecutors and clerks of court, shall be paid the following fees: (1) For signing an attachment, summons, warrant or …

Sec. 52-263. Appeals from Superior Court. Exceptions. Upon the trial of all matters of fact in any cause or action in the Superior Court, whether to the court or jury, or before any judge thereof when the jurisdiction of any action or proceeding is vested in him, if either party …

Sec. 52-264. Judges of Supreme Court to make rules for appeals and writs of error. The judges of the Supreme Court shall make such orders and rules as they deem necessary concerning the practice and procedure in the taking of appeals and writs of error, and concerning the giving …

Sec. 52-265. Action of Supreme Court on appeals and writs of error. Costs. (a) On an appeal or writ of error, if the Supreme Court finds errors in the rulings or decision of the court below or of a judge thereof when the jurisdiction of any action or proceeding is or shall be ves…

Sec. 52-265a. Direct appeal on questions involving the public interest. (a) Notwithstanding the provisions of sections 52-264 and 52-265, any party to an action who is aggrieved by an order or decision of the Superior Court in an action which involves a matter of substantial publ…

Sec. 52-266. Several issues; new trial to be limited to issue in error. If several issues are presented by the pleadings and, on the trial of one or more of such issues, an error or ground for a new trial intervenes which does not affect the legality of the trial or disposition o…

Sec. 52-267. Judge dying or ceasing to hold office at the time of decision; cause remanded to court rendering decision. If, at the time of the decision upon an appeal from the judgment of a judge, the judge rendering the judgment has died, ceased to hold office or become incapabl…

Sec. 52-268. New trial when judge, stenographer or court reporter dies or becomes incapacitated and review of errors not possible. (a) Any party who intends to appeal or has appealed a final judgment of the Superior Court, or of a judge thereof, an appeal from which properly lies…

Sec. 52-269. Record fee in Supreme Court. Section 52-269 is repealed. (1949 Rev., S. 8011; 1959, P.A. 547; 1963, P.A. 416, S. 2; P.A. 82-160, S. 141; P.A. 83-577, S. 5; June Sp. Sess. P. A. 91-3, S. 167, 168.)

Sec. 52-270. Causes for which new trials may be granted. (a) The Superior Court may grant a new trial of any action that may come before it, for mispleading, the discovery of new evidence or want of actual notice of the action to any defendant or of a reasonable opportunity to ap…

Secs. 52-270a and 52-271. Period in which new trial may be brought; affidavit evidence of want of notice. New trial in justice suit where judgment rendered prior to January 1, 1961. Sections 52-270a and 52-271 are repealed. (1949 Rev., S. 8014; 1959, P.A. 28, S. 203; P.A. 76-93, …

Secs. 52-272 and 52-273. Writs of error in matters of law only; return days. Writ of error; limitations. Sections 52-272 and 52-273 are repealed, effective June 26, 2003. (1949 Rev., S. 8015, 8016; March, 1958, P.A. 27, S. 66; 1959, P.A. 28, S. 121; P.A. 74-183, S. 96, 291; P.A. …

Sec. 52-274. Writs of error from summary process judgments. Section 52-274 is repealed. (1949 Rev., S. 8017; March, 1958, P.A. 27, S. 67; 1959, P.A. 28, S. 204.)

Secs. 52-275 to 52-278. Allowance and signing of writs of error. Service and return of writs of error. Judgment on affirmance or withdrawal of writ of error. Execution on judgment while writ of error pending. Sections 52-275 to 52-278, inclusive, are repealed, effective June 26, …

Sec. 52-278a. Definitions. The following terms, as used in sections 52-278a to 52-278g, inclusive, shall have the following meanings, unless a different meaning is clearly indicated from the context: (a) “Commercial transaction” means a transaction which is not a consumer transac…

Sec. 52-278b. Availability of prejudgment remedy. Notwithstanding any provision of the general statutes to the contrary, no prejudgment remedy shall be available to a person in any action at law or equity (1) unless he has complied with the provisions of sections 52-278a to 52-27…

Sec. 52-278c. Documents required. Forms. Scheduling a hearing. Service on defendant. Notice and claim form. Request for hearing by defendant. (a) Except as provided in sections 52-278e and 52-278f, any person desiring to secure a prejudgment remedy shall attach his proposed unsig…

Sec. 52-278d. Hearing on prejudgment remedy application. Determination by the court. Service of process. Stay of order. Posting of bond by plaintiff. (a) The defendant shall have the right to appear and be heard at the hearing. The hearing shall be limited to a determination of (…

Sec. 52-278e. Allowance of prejudgment remedy without hearing. Notice to defendant. Claim form. Subsequent hearing and order. Attachment of real property of municipal officers. (a) The court or a judge of the court may allow the prejudgment remedy to be issued by an attorney with…

Sec. 52-278f. Issuance of prejudgment remedy when defendant in commercial transaction has waived notice and hearing. In an action upon a commercial transaction, as defined in section 52-278a, wherein the defendant has waived his right to a notice and hearing under sections 52-278…

Sec. 52-278g. Motion to preserve existing prejudgment remedies. A plaintiff who has secured a prejudgment remedy prior to May 30, 1973, may make a motion to the court in which such action is pending for a hearing as set forth in section 52-278d with notice thereof to the defendan…

Sec. 52-278h. Application for prejudgment remedy filed by the plaintiff. The provisions of this chapter shall apply to any application for prejudgment remedy filed by the plaintiff at any time after the institution of the action, and the forms and procedures provided therein shal…

Sec. 52-278i. (Formerly Sec. 52-282). Order for prejudgment remedy on set-off or counterclaim. Any defendant in any civil action, upon filing a set-off or counterclaim containing a claim for money damages, may, at any time during the pendency of such action, apply in writing to t…

Sec. 52-278j. Dismissal or withdrawal of prejudgment remedy. (a) If an application for a prejudgment remedy is granted but the plaintiff, within thirty days thereof, does not serve and return to court the writ, summons and complaint for which the prejudgment remedy was allowed, t…

Sec. 52-278k. Modification of prejudgment remedy. The court may, upon any application for prejudgment remedy under section 52-278c, 52-278e, 52-278h or 52-278i, modify the prejudgment remedy requested as may be warranted by the circumstances. The court may, upon motion and after …

Sec. 52-278l. Appeal. (a) An order (1) granting or denying a prejudgment remedy following a hearing under section 52-278d or (2) granting or denying a motion to dissolve or modify a prejudgment remedy under section 52-278e or (3) granting or denying a motion to preserve an existi…

Sec. 52-278m. When personal service not required. Whenever a prejudgment remedy is sought under the provisions of sections 52-278h or 52-278i against a party who has previously filed a general appearance in such action, personal service of any application or order upon such party…

Sec. 52-278n. Motion to disclose property. Order for disclosure. Substitution of surety. (a) The court may, on motion of a party, order an appearing defendant to disclose property in which he has an interest or debts owing to him sufficient to satisfy a prejudgment remedy. The ex…

Sec. 52-279. When attachments may be granted. Attachments may be granted upon all complaints containing a money demand against the estate of the defendant, both real and personal. No attachment shall be made in any action for slander, libel or invasion of privacy except upon orde…

Sec. 52-280. Service of writ of attachment. A writ of attachment shall be served by attaching the estate of the defendant, personal or real, or both. The officer serving the process shall leave with the person whose estate was attached, or at his usual place of abode, if within t…

Sec. 52-281. Order for attachment on plaintiff's application during pendency of action. Section 52-281 is repealed. (1949 Rev., S. 8069; 1959, P.A. 28, S. 179; P.A. 76-401, S. 6, 7.)

Sec. 52-282. Transferred to Chapter 903a, Sec. 52-278i.

Sec. 52-283. Certain attachments effective without removal of property. Attachments of machinery, engines or implements, situated and used in any manufacturing or mechanical establishment, or of hay or unthreshed grain deposited in any building, or of any crop deposited in any bu…

Sec. 52-283a. Discharge of attachment. Each person who has filed a notice of attachment as provided under section 52-283 shall, after receiving satisfaction of his claim or after the rendition of a final judgment against him showing that nothing is due thereon, within ten days af…

Sec. 52-284. Attachment against nonresident. When the defendant is not a resident or inhabitant of this state and has estate within the same which has been attached, a copy of the process and complaint, with a return describing the estate attached, shall be left by the officer wi…

Sec. 52-285. Attachment of real estate. Real estate shall be attached by the officer by leaving in the office of the town clerk of the town in which it is situated a certificate that he has made such attachment, which shall be endorsed by the town clerk with a note of the precise…

Sec. 52-286. Attachment of leasehold interests. Leasehold interests in real estate, oyster lots or beds, franchises issuing out of real estate, and any interest in buildings owned by one person on the land of another, may be attached in the same manner as real estate. (1949 Rev.,…

Sec. 52-287. Attachment of fixtures of telephone or electric distribution company or association. The fixtures of every telephone or electric distribution company, or association engaged in distributing electricity by wires or similar conductors, including its wires, posts, cross…

Sec. 52-288. Attachment of railroad cars and motor vehicles. Section 52-288 is repealed. (1949 Rev., S. 8030; 1967, P.A. 879; 1969, P.A. 281; P.A. 76-401, S. 6, 7.)

Sec. 52-289. Attachment of corporate rights or shares. Rights or shares in the stock of any corporation, together with the dividends and profits due and growing due thereon, may be attached and taken on execution. Such attachment shall be made by leaving a true and attested copy …

Secs. 52-290 and 52-291. Attachment of property purchased on condition. Disclosure by vendor of claim on the property. Sections 52-290 and 52-291 are repealed. (1949 Rev., S. 8032, 8033; 1959, P.A. 28, S. 181; 133, S. 10-102.)

Sec. 52-292. Attachment in actions against voluntary associations and their members. The property of a voluntary association, whether held by it or by trustees for its benefit, may be attached and held to respond to any judgment that may be recovered against it; but the individua…

Sec. 52-293. Sale of attached livestock and perishable property. When any livestock, or other personal property in its nature perishable or liable to depreciation, or the custody and proper preservation of which would be difficult or expensive, is attached, either party to the su…

Sec. 52-294. Procedure on sale of attached property. When the plaintiff intends to make application for a sale pursuant to section 52-293, the property shall be appraised by three disinterested property owners of the town where it was taken, one of whom shall be appointed by the …

Sec. 52-295. Costs and expenses of appraisal. The costs of the appraisal shall be paid by the officer and charged in his fees; and the expenses thus incurred by either party shall be taxed as part of the costs in the cause; and the officer who served such writ shall make return o…

Sec. 52-296. Disposition of avails of attachment sale. If the suit upon which such property was attached is decided in favor of the defendant, the money accruing from the sale of such property shall be paid to him; but, if decided in favor of the plaintiff, such money, or so much…

Sec. 52-297. Avails of attachment sale may be attached. After the money accruing from the sale of the property attached has been paid to the clerk of the court, any creditor may attach it by leaving a copy of his attachment, with an endorsement of the service thereon, with such c…

Sec. 52-298. Defendant may take avails of sale on giving bond. The defendant may, at any time during the pendency of the suit, take to his own use the money raised by such sale, upon giving bond to the plaintiff with surety to the satisfaction of the judge who ordered such sale, …