CHAPTER 870
JUDICIAL DEPARTMENT

Table of Contents

Sec. 51-5c. Automated registry of protective orders.
Sec. 51-15. Rules of procedure in certain civil actions. Small claims. Expedited process cases.

      Sec. 51-5c. Automated registry of protective orders. (a) The Chief Court Administrator shall establish and maintain an automated registry of protective orders that shall contain (1) protective or restraining orders issued by courts of this state, including, but not limited to, orders issued pursuant to sections 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q and 54-82r, and (2) foreign orders of protection that have been registered in this state pursuant to section 46b-15a. The registry shall clearly indicate the date of commencement, the termination date, if specified, and the duration of any order contained therein. The Chief Court Administrator shall adopt policies and procedures for the operation of the registry.

      (b) (1) The following information contained in the registry of protective orders shall not be subject to disclosure and may be accessed only in accordance with this section, unless otherwise ordered by the court: (A) Any information that would identify a person protected by an order contained in the registry; (B) any information that is confidential pursuant to state or federal law, including, but not limited to, any information that is confidential pursuant to a court order; and (C) any information entered in the registry pursuant to an ex parte order prior to a hearing by a court having jurisdiction over the parties and the subject matter.

      (2) Any employee of the Judicial Department authorized by policies and procedures adopted by the Chief Court Administrator shall have access to such information. The Chief Court Administrator may grant access to such information to personnel of the Department of Public Safety, the Department of Correction, the Board of Pardons and Paroles, the Psychiatric Security Review Board, the Division of Criminal Justice, any municipal or tribal police department within this state or any other agency, organization or person determined by the Chief Court Administrator, pursuant to policies and procedures adopted by the Chief Court Administrator, to have a legitimate interest in the information contained in the registry. Any person who obtains such information pursuant to this subdivision may use and disclose the information only in the performance of such person's duties.

      (3) Except as provided in subsection (c) of this section, the information contained in the registry shall be provided to and may be accessed through the Connecticut on-line law enforcement communications teleprocessing system maintained by the Department of Public Safety. Nothing in this section shall be construed to permit public access to the Connecticut on-line law enforcement communications teleprocessing system.

      (c) Any person protected by an order contained in the registry of protective orders may make a request in writing, on a form prescribed by the Chief Court Administrator, that the registry not disclose such protected person's name and address except to the law enforcement agency for the town in which (1) such protected person resides, (2) such protected person is employed, or (3) the person subject to the order resides.

      (d) Any person who has reason to believe that information concerning such person which is contained in the registry of protective orders is not consistent with a valid court order may submit a written request for verification of such information to the clerk of the superior court for the judicial district in which such order was issued. If the clerk finds that such information contained in the registry is not consistent with such order, the clerk shall promptly cause such information to be removed from the registry.

      (e) The orders and other information required or permitted to be contained in the registry of protective orders may be entered in the registry in any written or electronic form approved by the Chief Court Administrator. For the purposes of this section, an order is contained in the registry if the information contained in such order and information concerning the issuance of such order is entered in the registry in a manner approved by the Chief Court Administrator pursuant to this subsection.

      (P.A. 02-132, S. 53; P.A. 03-98, S. 2; P.A. 04-257, S. 118; P.A. 05-108, S. 5.)

      History: P.A. 02-132 effective January 1, 2003; P.A. 03-98 amended Subsec. (a) by replacing provision re automated registry may contain protective orders issued by courts of other states with provision re automated registry shall contain foreign orders of protection and adding subdivision designators; P.A. 04-257 amended Subsec. (b)(2) to delete reference to personnel of the Board of Parole, effective June 14, 2004; P.A. 05-108 amended Subsec. (b)(2) to restore reference to personnel of the Board of Pardons and Paroles, effective June 7, 2005.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 51-15. Rules of procedure in certain civil actions. Small claims. Expedited process cases. (a) In accordance with the provisions of section 51-14, the judges of the Superior Court shall make such orders and rules as they deem necessary or advisable concerning the commencement of process and procedure in flowage petitions, paternity proceedings, replevin, summary process, habeas corpus, mandamus, prohibition, ne exeat, quo warranto, forcible entry and detainer, peaceable entry and forcible detainer, for paying rewards, for cases filed on and after January 1, 1994, which are expedited process cases pursuant to subdivision (2) of subsection (b) of section 52-195b, and for the hearing and determination of small claims, including suitable forms of procedure in such cases, exclusive of fees.

      (b) The judges of the Superior Court shall adopt orders and rules for the hearing and determination of small claims that shall include: (1) Provisions for the institution of small claims actions by attorneys-at-law on suitable forms to be served by a proper officer or indifferent person upon the defendant in the same manner as complaints are served in civil actions; (2) notice by mail; (3) provisions for the early hearing of actions and rules for hearings in accordance with sections 51-193t and 52-549a, and the elimination of any and all fees or costs, except a fee for small claims procedure as prescribed in section 52-259; (4) modification of any or all existing rules of pleading, practice and evidence; and (5) a stay of the entry of judgment or of the issuance of execution and an alternative procedure according to the usual rules of practice. Such orders and rules shall permit the institution of a small claims action against a nonresident defendant who owns real or personal property in this state and against an out-of-state corporation.

      (c) Upon the taking effect of such orders and rules, all provisions of statute, both public and private, and the provisions of any orders or rules adopted by the judges of the Superior Court prior to July 1, 1957, inconsistent with or superseded by them, shall be deemed to be repealed, to the extent necessary to render the orders and rules effective.

      (d) The procedure for the hearing and determination of small claims as the same may be prescribed, from time to time, by the judges of the Superior Court shall be used in all small claims sessions of the court. The small claims procedure shall be applicable to all actions, except actions of libel and slander, claiming money damages not in excess of five thousand dollars, and to no other actions. If an action is brought in the small claims session by a tenant pursuant to subsection (g) of section 47a-21 to reclaim any part of a security deposit which may be due, the judicial authority hearing the action may award to the tenant the damages authorized by subsection (d) of said section and, if authorized by the rental agreement or any provision of the general statutes, costs, notwithstanding that the amount of such damages and costs, in the aggregate, exceeds the jurisdictional monetary limit established by this subsection. If a motion is filed to transfer a small claims matter to the regular docket in the court, the moving party shall pay the fee prescribed by section 52-259. The Attorney General or an assistant attorney general, or the head of any state agency or his or her authorized representative, while acting in his or her official capacity shall not be required to pay any small claims court fee. There shall be no charge for copies of service on defendants in small claims matters.

      (e) The orders and rules for the expedited hearing and determination of cases maintained pursuant to subdivision (2) of subsection (b) of section 52-195b shall include, but shall not be limited to: The modification of any or all existing rules of pleading, practice and evidence; the adoption of procedures for disclosure of material facts at the time of filing of the matter in court; the waiver of the right to appeal a final judgment entered; the transfer of cases under this subsection to the regular docket of the court; an expedited pretrial conference; an expedited assignment for trial on the merits; and the waiver of the right to a record of the trial proceedings. All expedited process cases shall be heard by a judge of the Superior Court.

      (1949 Rev., S. 7656; 1955, S. 3117d; 1957, P.A. 651, S. 33; 1959, P.A. 28, S. 74; 1963, P.A. 242; 1969, P.A. 777, S. 1; 1971, P.A. 870, S. 4; 1972, P.A. 281, S. 25; P.A. 74-183, S. 16, 291; P.A. 75-548; P.A. 76-298, S. 1, 6; 76-368, S. 7, 9; 76-436, S. 49, 681; P.A. 77-614, S. 133, 610; P.A. 81-129, S. 1; 81-472, S. 109, 159; P.A. 82-248, S. 9; 82-472, S. 133, 183; P.A. 83-295, S. 4; 83-577, S. 2; P.A. 85-256; 85-464, S. 5; P.A. 86-199; P.A. 89-53; May Sp. Sess. P.A. 92-6, S. 71, 117; P.A. 93-297, S. 4, 29; P.A. 95-36; P.A. 00-94; P.A. 01-195, S. 50, 181; P.A. 02-132, S. 73; P.A. 05-42, S. 1.)

      History: 1959 act amended second sentence by deleting trial by jury provision and amended fourth sentence by substituting small claims sessions of circuit court for municipal courts and justice courts having small claims divisions; 1963 act amended second sentence by requiring provisions authorizing institution of actions on forms served at least ten days prior to session, return to be made at least six days prior to session; 1969 act imposed three-dollar fee for small claims procedure and exempted attorney general or assistant attorneys general from paying fee when acting in his or their official capacity; 1971 act changed limit on money damage claims included in small claims procedure from two hundred fifty to seven hundred fifty dollars, effective September 1, 1971; 1972 act raised fee for small claims procedure to five dollars and added provisions re fee for transferring small claims matter to regular docket and re absence of charge for copies of service on defendants in small claims matters, effective September 1, 1972; P.A. 74-183 replaced circuit court with court of common pleas and specified that fee for small claims procedure may not be eliminated, effective December 31, 1974; P.A. 75-548 specified that director of central collections division of department of finance and control and his authorized representative are exempt from payment of fee; P.A. 76-298 included rules for hearings in accordance with Sec. 52-549a; P.A. 76-368 raised fee for small claims procedure to six dollars; P.A. 76-436 transferred powers formerly held by supreme court to superior court and jurisdiction of small claims matters from court of common pleas to superior court, effective July 1, 1978; P.A. 77-614 replaced director of central collections division of department of finance and control with commissioner of administrative services in provision re exemptions from payment of small claims fee; P.A. 81-129 increased the fee for small claims procedure from eight to ten dollars and increased the jurisdictional limit for small claims matters from seven hundred fifty to one thousand dollars; P.A. 81-472 made the technical correction of increasing the fee for small claims procedure from six to eight dollars to conform to the increase in such fee made in Sec. 52-259 by P.A. 80-387; P.A. 82-248 changed fee for small claims procedure from eight to ten dollars, and changed reference to "civil cause" to "civil action"; P.A. 82-472 reiterated fee increase enacted by P.A. 82-248; P.A. 83-295 replaced the provision that the fee for transferring a small claims matter to the regular docket is the "same fee as is paid for entering a civil action" with "the fee prescribed by section 52-259"; P.A. 83-577 inserted Subsec. indicators, amended Subsec. (b) to replace the fee for small claims procedure of "ten dollars" with the fee "as prescribed in section 52-259" and reiterated amendment to Subsec. (d) made by P.A. 83-295; P.A. 85-256 amended Subsec. (b) to require the orders and rules to permit a small claims action against a nonresident defendant who owns real or personal property in this state and against an out-of-state corporation and amended Subsec. (d) to increase the jurisdictional limit for small claims matters from one thousand to one thousand five hundred dollars; P.A. 85-464 amended Subsec. (b) by adding reference to hearings in accordance with Sec. 51-193t; P.A. 86-199 amended Subsec. (d) by replacing the "commissioner of administrative services" with the "head of any state agency" in provision re exemption from payment of court fee; P.A. 89-53 amended Subsec. (d) to increase the jurisdictional limit for small claims matters from one thousand five hundred to two thousand dollars; May Sp. Sess. P.A. 92-6 amended Subsec. (d) to require payment of the fee prescribed in Sec. 52-259 if a motion is filed, instead of granted, to transfer a small claims matter to the regular docket; P.A. 93-297 amended Subsec. (a) to authorize the making of orders and rules for cases filed on and after January 1, 1994, which are expedited process cases and added Subsec. (e) to specify mandatory provisions of such orders and rules and require all expedited process cases to be heard by a judge of the superior court, effective January 1, 1994; P.A. 95-36 amended Subsec. (d) to increase jurisdictional limit for small claims matters from two thousand to two thousand five hundred dollars; P.A. 00-94 amended Subsec. (d) to increase jurisdictional monetary limit for small claims matters from two thousand five hundred to three thousand five hundred dollars and to add exception to such limit for action brought by tenant to reclaim any part of security deposit who may be awarded damages and costs in excess of such limit; P.A. 01-195 made technical changes in Subsec. (d) for purposes of gender neutrality, effective July 11, 2001; P.A. 02-132 amended Subsec. (b) by deleting provisions re time periods for service and return, commencement of actions without writ or pleading and commencement of actions without payment of fees with respect to small claims actions and by making technical changes; P.A. 05-42 amended Subsec. (d) to increase jurisdictional monetary limit for small claims matters from three thousand five hundred dollars to five thousand dollars.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)