Title 52 — Title 52: Civil Actions

Sec. 52-382. Levy on nonresident garnishee. In an action by foreign attachment in which the garnishee is described as a nonresident and service has been made upon his agent transacting business in his behalf in this state, the plaintiff, on taking out an execution, may direct the…

Sec. 52-383. Levy when garnishee has left the state. When the garnishee in any action of foreign attachment has removed from this state prior to the issuing of the execution in such action, so that no demand can be made of him in person by the officer serving the same, the clerk …

Sec. 52-384. Scire facias against garnishee who has left state. If, after demand made as provided in section 52-383, a writ of scire facias is issued against such garnishee, and he still remains without this state, service of such writ shall be made in such manner as the judge or…

Sec. 52-385. Scire facias founded on justice judgment. Section 52-385 is repealed. (1949 Rev., S. 8129; 1959, P.A. 28, S. 204.)

Sec. 52-386. Stay of execution when debt is not payable. When it appears on the hearing of any scire facias, founded on a foreign attachment, that the debt due the principal is not yet payable, the court shall direct the execution to be stayed until the time the debt would have b…

Sec. 52-387. Scire facias; defense by assignee or claimant. When a scire facias is brought to recover a debt or effects taken by a foreign attachment, if any person or persons, either jointly or severally, claim such debt as assignee or assignees thereof, or such effects as owner…

Sec. 52-388. Commission to take disclosure of garnishee. The court before which any scire facias is pending may issue a commission to take the disclosure of the defendant on oath, when, on account of his living or being about to go out of the state, or being unable to travel thro…

Sec. 52-389. Attachment lien on debt due from solvent estate. When any debt due or which may become due from the estate of a deceased person which is settled as a solvent estate is attached, the lien created by such attachment shall not continue unless demand is made of the garni…

Sec. 52-390. Execution; demand for legacy or distributive share. When any legacy or distributive share due or which may become due from the estate of a deceased person is attached, the attachment shall not continue unless demand is made of the garnishee upon the execution within …

Sec. 52-391. Execution; demand for debt due from insolvent estate. When any debt due or which may become due from the estate of a deceased person which is settled as an insolvent estate, or from the estate of any insolvent debtor, is attached, the attachment lien shall not contin…

Sec. 52-392. Execution; payment by executor, administrator or trustee. When demand is made of the garnishee upon the execution, in any of the cases mentioned in sections 52-389, 52-390 and 52-391, within the periods therein specified, the garnishee may pay the debt, or deliver th…

Sec. 52-393. Scire facias against executor, administrator or trustee. If, upon demand so made, the garnishee neglects or refuses to make such payment or delivery, the plaintiff in the foreign attachment may maintain a scire facias against him as executor, administrator or trustee…

Secs. 52-394 to 52-396. Officer to give items of fees to execution debtor. Completion of levy by officer not reelected or reappointed. Satisfaction of judgment to be entered on record. Sections 52-394 to 52-396, inclusive, are repealed. (1949 Rev., S. 8138–8140; P.A. 83-581, S. 3…

Sec. 52-397. Examination of judgment debtor. Any judgment debtor, an execution against whom has been returned unsatisfied in whole or in part or who has failed to respond within thirty days to any postjudgment interrogatories served pursuant to section 52-351b, may be examined on…

Sec. 52-398. Scope of inquiry; debtor not excused from answering. The debtor shall not be excused from answering any question on the ground that his answer might tend to convict him of fraud or show that he has been party to any fraudulent or illegal conveyance, but his answers s…

Sec. 52-399. Commitment of debtor for contempt. Any judge before whom any such examination is ordered may commit the judgment debtor for contempt in case of his neglect or refusal to attend or be sworn at the examination or to answer any question put to him during the examination…

Sec. 52-400. Costs of examination. The costs of such examination shall be taxed by the judge ordering the same and may include an attorney fee not exceeding ten dollars, and the fees of the committee not exceeding eight dollars a day, if the judge is of the opinion that such fees…

Sec. 52-400a. Protective order by court. Execution against specified property. (a) On motion of a judgment debtor or third person from whom discovery is sought, and for good cause shown, or on its own motion, the court may make any order which justice requires to protect such deb…

Sec. 52-400b. Penalty for failure to comply with certain court orders. (a) On the continued and wilful failure of a person to comply with a discovery order pursuant to section 52-351b, or to comply with a turnover order pursuant to section 52-356b, or to comply with a protection …

Sec. 52-400c. Attorney's fees. In the discretion of the court, a reasonable attorney's fee may be allowed to the prevailing party (1) for counsel at any contempt hearing reasonable and necessary for the enforcement of a court order, pursuant to section 52-256b, (2) for counsel at…

Sec. 52-400d. Appeal of certain court decisions. (a) Any court decision on a determination of interest in property under section 52-356c, or on an exemption claim, or on a contempt proceeding, or on any stay ordered pursuant to an installment payment order, shall be a final decis…

Sec. 52-400e. Failure to pay judgment as basis for revocation, suspension or refusal to grant or renew license of licensed business. Whenever a judgment in a civil action which relates to activities for which a license is required has been rendered against a business which is lic…

Sec. 52-400f. Priority of claims for deposits for consumer goods and services. In the event of (1) the termination of the existence of an entity, (2) the insolvency of a person or entity, or (3) the inability of a person or entity to pay all creditors in full, every debt due to a…

Sec. 52-401. Court to settle terms of accounting. In any judgment or decree for an accounting, the court shall determine the terms and principles upon which such accounting shall be had. (1949 Rev., S. 8145.) Court may find that building erected by husband on land owned by him an…

Sec. 52-402. Procedure. Auditors' fees. (a) When a judgment is rendered against the defendant in an action for an accounting that he account, the court shall appoint not more than three disinterested persons to take the account, who shall be sworn and shall appoint the time and p…

Sec. 52-403. Accounting before a justice of the peace. Section 52-403 is repealed. (1949 Rev., S. 8147; 1959, P.A. 28, S. 204.)

Sec. 52-404. Accounting between coexecutors and cotenants. (a) A residuary legatee, when all or any part of his legacy is withheld from him by an executor, may bring an action for an accounting against the executor for the recovery thereof. An executor, who is also residuary lega…

Sec. 52-405. Appeal in action demanding an accounting. When, in any action demanding an accounting, a judgment is rendered ordering such accounting, appeal may be had from such judgment to the Appellate Court, as if it were a final judgment. Such appeal shall have precedence in t…

Sec. 52-406. Submission of agreed case. Parties to a question in difference which might be the subject of a civil action between them may, without action, agree upon a case containing the facts upon which the controversy depends and submit the case to any court in the judicial di…

Sec. 52-407. Appeal. If either party to a submission pursuant to section 52-406 desires a review of any question of law arising thereon and decided by the court, he may appeal the decision in the manner provided in ordinary cases of final judgment in the court, and not otherwise.…

Sec. 52-407aa. Definitions. As used in sections 52-407aa to 52-407eee, inclusive: (1) “Arbitration organization” means an association, agency, board, commission or other entity that is neutral and initiates, sponsors or administers an arbitration proceeding or is involved in the …

Sec. 52-407aaa. Venue. A motion pursuant to section 52-407ee shall be made in the court for the judicial district in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court for the judicial district in which …

Sec. 52-407bb. Notice. (a) Except as otherwise provided in sections 52-407ii, 52-407oo, 52-407ss, 52-407tt and 52-407vv to 52-407xx, inclusive, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whe…

Sec. 52-407bbb. Permissable appeals. (a) An appeal may be taken from: (1) An order denying a motion to compel arbitration; (2) an order granting a motion to stay arbitration; (3) an order confirming or denying confirmation of an award; (4) an order modifying or correcting an awar…

Sec. 52-407cc. Applicability of chapter. Sections 52-407aa to 52-407eee, inclusive, govern an agreement to arbitrate made on or after October 1, 2018, except that any proceeding that is governed by chapter 48, 68, 113, 166 or 743b, or any other provision of the general statutes, …

Sec. 52-407ccc. Uniformity and construction of part I. In applying and construing the uniform provisions of sections 52-407aa to 52-407eee, inclusive, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that ena…

Sec. 52-407dd. Effect of agreement to arbitrate; nonwaivable provisions. (a) Except as otherwise provided in subsections (b) and (c) of this section, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the require…

Sec. 52-407ddd. Relationship to Electronic Signatures in Global and National Commerce Act. The provisions of sections 52-407aa to 52-407eee, inclusive, governing the legal effect, validity or enforceability of electronic records or signatures and of contracts formed or performed …

Sec. 52-407ee. Application for judicial relief. (a) Except as otherwise provided in section 52-407bbb, an application for judicial relief under sections 52-407aa to 52-407eee, inclusive, shall be made by motion to the court and heard in the manner provided by law or rule of court…

Sec. 52-407eee. Applicability of part I to action or proceeding commenced or right accrued before October 1, 2018. Applicability of part II to arbitration agreement made before October 1, 2018. The provisions of sections 52-407aa to 52-407ddd, inclusive, do not affect an action o…

Sec. 52-407ff. Validity of agreement to arbitrate. (a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable, except upon a ground that exists at law or…

Sec. 52-407gg. Motion to compel or stay arbitration. (a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (1) If the refusing party does not appear or does not oppose the motion, the court shall …

Sec. 52-407hh. Provisional remedies. (a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the a…

Sec. 52-407ii. Initiation of arbitration proceeding. Notice. (a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties, or in the absence of agreement, by certified or …

Sec. 52-407jj. Consolidation of separate arbitration proceedings. (a) Except as otherwise provided in subsection (c) of this section, upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration pro…

Sec. 52-407kk. Appointment of arbitrator; service as neutral arbitrator. (a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed m…

Sec. 52-407ll. Disclosure by arbitrator. (a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrat…

Sec. 52-407mm. Action by majority. If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under subsection (c) of section 52-407oo. (P.A. 18-94, S. 13.)

Sec. 52-407nn. Immunity of arbitrator; competency to testify; attorney's fees and costs. (a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. (…

Sec. 52-407oo. Arbitration process. Replacement arbitrator. (a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power…