Title 52, Title 52: Civil Actions

Sec. 52-417. Application for order confirming award. At any time within one year after an award has been rendered and the parties to the arbitration notified thereof, any party to the arbitration may make application to the superior court for the judicial district in which one of…

Sec. 52-418. Vacating award. (a) Upon the application of any party to an arbitration, the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situated or, when the court …

Sec. 52-419. Modification or correction of award. (a) Upon the application of any party to an arbitration, the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situate…

Sec. 52-420. Motion to confirm, vacate or modify award. (a) Any application under section 52-417, 52-418 or 52-419 shall be heard in the manner provided by law for hearing written motions at a short calendar session, or otherwise as the court or judge may direct, in order to disp…

Sec. 52-421. Record to be filed with clerk of court. Effect and enforcement of judgment or decree. (a) Any party applying for an order confirming, modifying or correcting an award shall, at the time the order is filed with the clerk for the entry of judgment thereon, file the fol…

Sec. 52-422. Order pendente lite. At any time before an award is rendered pursuant to an arbitration under this chapter, the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the l…

Sec. 52-423. Appeal. An appeal may be taken from an order confirming, vacating, modifying or correcting an award, or from a judgment or decree upon an award, as in ordinary civil actions. (1949 Rev., S. 8166.) Cited. 197 C. 26; 200 C. 91; Id., 376; 201 C. 50; 206 C. 113; 208 C. 3…

Sec. 52-424. Reference of pending actions to arbitration. When the parties to any action pending in court desire to refer it to arbitration, each may choose one arbitrator and the court may appoint a third; and the award of such arbitrators, returned to and accepted by the court,…

Sec. 52-425. Appointment of a committee in civil actions. (a) In any civil action pending in the Superior Court in which an issue of fact has been closed to the court, the court may, upon motion of any party to the record, appoint a committee of one, two or three disinterested pe…

Sec. 52-426. Compensation of committee and stenographer. When any civil action is pending in the Superior Court and has been ordered by the court to be tried before a committee appointed by the court, without a motion or written request for such committee, and no provision is mad…

Sec. 52-427. Auditors or committee may be appointed when court not in session. Any judge of the Superior Court may, when the court is not in session, in any action pending before the court in which a reference is proper, upon the written application of either party, with notice o…

Sec. 52-428. Auditors in actions involving matters of accounting. When in any action it is necessary, by reason of its being brought upon a bond with conditions, or of any special plea or claim of set-off, to settle any matter which might be the subject of an action for an accoun…

Sec. 52-429. Powers of auditors and committees over witnesses. Auditors and committees appointed by any court, while engaged in the trial of the cases which they are appointed to hear, shall have the same power and authority over witnesses as the appointing court and may commit a…

Sec. 52-430. Filling of auditor or committee vacancies when court not in session. If any auditor, committee or member of a committee, appointed by any court, dies or declines or is unable to act, at any time when the court is not in session, the parties, or their attorneys, may a…

Sec. 52-431. Recommittal of incomplete report. When a finding of facts made and returned to any court by an auditor or a committee, in the judgment of the court or of the Supreme Court, is incomplete or insufficient, the court may thereupon, unless objection is made by all the pa…

Sec. 52-432. Judge not to be auditor or committee. No judge whose salary is paid by the state may be appointed as an auditor or committee in any civil action. (1949 Rev., S. 8175; P.A. 82-160, S. 166.) History: P.A. 82-160 substituted “may” for “shall”.

Sec. 52-433. Auditor or committee appointed judge may finish case. Any auditor or committee who is appointed judge of any court shall complete his duties as such auditor or committee in the same manner and with the same effect as if he had not been so appointed. (1949 Rev., S. 81…

Sec. 52-434. State referees. (a) Appointment of retired judges and members of the bar. Cases referred. (1) Each judge of the Supreme Court, each judge of the Appellate Court, each judge of the Superior Court and each judge of the Court of Common Pleas who ceases or has ceased to …

Sec. 52-434a. Powers of referees. (a) In addition to the powers and jurisdiction granted to state referees under the provisions of section 52-434, a Chief Justice or judge of the Supreme Court, a judge of the Appellate Court, a judge of the Superior Court or a judge of the Court …

Sec. 52-434b. Referrals to senior judges; their powers and compensation. (a) In each case, matter or proceeding which may be referred to a state referee or a committee of three state referees, or to a committee of one, or to a committee of three, or to an auditor, the Chief Court…

Sec. 52-434c. Certain referees assigned to Appellate Court. Eligibility. Powers and jurisdiction. In addition to the powers and jurisdiction granted to state referees under sections 52-434 and 52-434a, a Chief Justice or a judge of the Supreme Court or Appellate Court, who has ce…

Sec. 52-434d. Special education administrative contested cases pilot program. Section 52-434d is repealed, effective October 1, 2014. (P.A. 00-204, S. 6, 13; P.A. 01-173, S. 47, 67; P.A. 14-207, S. 17.)

Sec. 52-435. Bastardy complaint by mother. Section 52-435 is repealed. (1949 Rev., S. 8178, 8321; 1951, S. 3208d; 1959, P.A. 28, S. 128; 639, S. 3; 1963, P.A. 602, S. 1; February, 1965, P.A. 406, S. 8.)

Secs. 52-435b and 52-435c. Transferred to Chapter 815y, Secs. 46b-165 and 46b-166, respectively.

Sec. 52-436. Continuance of case; evidence. Section 52-436 is repealed. (1949 Rev., S. 8179; February, 1965, P.A. 406, S. 8.)

Sec. 52-439. Withdrawal, dismissal or settlement of case, consent. Section 52-439 is repealed. (1949 Rev., S. 8181; 1957, P.A. 462, S. 2; 1959, P.A. 639, S. 4; 1963, P.A. 602, S. 3; February, 1965, P.A. 406, S. 8.)

Sec. 52-440. When state or town may maintain suit. Section 52-440 is repealed. (1949 Rev., S. 8182; 1957, P.A. 462, S. 3; February, 1965, P.A. 406, S. 8.)

Sec. 52-441. Suit may be compromised by Welfare Commissioner or selectmen. Section 52-441 is repealed. (1949 Rev., S. 8183; 1957, P.A. 462, S. 4; February, 1965, P.A. 406, S. 8.)

Secs. 52-442 to 52-445. Transferred to Chapter 815y, Secs. 46b-171 to 46b-178, inclusive.

Sec. 52-446. Petition to flow land; contents; procedure. When any person who has set up or desires to set up a water mill on his own land, or on land of another with his consent, desires to build or raise a dam on any land of his own, or of another with his consent, in order to c…

Sec. 52-447. Petition to be heard by committee, unless parties agree. The petition, unless the parties thereto agree upon the judgment rendered thereon, shall be heard and decided by a committee of three disinterested property owners of the judicial district to be appointed by th…

Sec. 52-448. Not to interfere with existing dams or millsites. No such dam shall be erected, or watercourse made or altered, to the injury of any mill lawfully existing on such watercourse, or on the stream upon which such dam is to be erected, or from or into which such watercou…

Sec. 52-449. Procedure upon report of committee. New inquiry by court. Any person interested in the report of the committee may object to its acceptance for any irregularity or improper conduct, but, if accepted, it shall be final and conclusive except upon the question of damage…

Sec. 52-450. Reassessment of damages by jury; addition by court. Either party may move for a reassessment of the damages by a jury of six, which shall be conducted in the manner prescribed for the reestimate of the damages and benefits for the layout or alteration of highways, an…

Sec. 52-451. Objections to action of jury. Upon the return of the doings of such jury, any person interested therein may object to the acceptance of the same, and for any irregularity or improper conduct the court may set it aside and order a rehearing; but, if the court accepts …

Sec. 52-452. Costs of reassessment; bond. If the petitioner moves for a jury, he shall pay the costs of the application and hearing whether the jury raises the damages assessed by the committee or not; and, if the jury does not lessen such damages, he shall pay costs to the respo…

Sec. 52-453. Effect of assessment; payment of damages and costs. An assessment of damages so made shall be final and conclusive on the parties, their heirs and assigns, and give the petitioner, his heirs and assigns, forever, the right to keep up such dam as established; but the …

Sec. 52-454. Costs of petition. The fees and expenses of the petition shall be paid by the petitioner unless it is otherwise specially provided, and shall be the same as are taxed for like services in laying out highways by the Superior Court. (1949 Rev., S. 8196.)

Sec. 52-455. Second petition; expenses of first petition to be paid. If, in any case, the petitioner fails to pay or deposit the damages and costs that may be adjudged to the respondent, within said period of sixty days, and afterwards either the petitioner or any subsequent owne…

Sec. 52-456. Drain across land of another. When the owner of land may wish to drain it, either by the necessary deepening or widening of a natural stream or by other means, and is unable to agree with the proprietors of adjacent lands as to the mode of draining it and the damages…

Sec. 52-457. Damages. Upon such complaint, the court may appoint three disinterested property owners of the town where such land is situated, to determine the best mode of draining it, and the damages which will thereby accrue to the adjoining proprietors. Such property owners sh…

Sec. 52-458. Reassessment of damages. Upon motion of either party, the court shall appoint three other disinterested property owners of such town to reassess the damages, who shall report their doings in writing to the court. (1949 Rev., S. 6287.)

Sec. 52-459. Setting aside reassessment. The court may set such report aside if, upon exception taken, it appears that such property owners have acted improperly; otherwise their report shall be conclusive as to the assessment of damages. If the court sets aside the report of suc…

Sec. 52-460. Payment of costs. If such property owners do not increase the damages, the applicants for such reassessment shall pay the costs of the application. Otherwise, costs shall be taxed at the discretion of the court. (1949 Rev., S. 6289, 6290.)

Sec. 52-461. Obstruction to drainage. When any low lands have been drained by a ditch or current running thence in a natural course through the land of an adjoining proprietor and cannot advantageously be drained in any other course, and such drainage becomes obstructed, the owne…

Secs. 52-462 to 52-465. Transferred to Chapter 833, Secs. 47a-43 to 47a-46, inclusive.