Substitute House Bill No. 6569
Substitute House Bill No. 6569
PUBLIC ACT NO. 97-24
AN ACT CONCERNING REFERRAL FOR FACT-FINDING AND
ARBITRATION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 52-549n of the general
statutes is repealed and the following is
substituted in lieu thereof:
In accordance with the provisions of section
51-14, the judges of the Superior Court may make
such rules as they deem necessary to provide a
procedure in accordance with which the court, in
its discretion, may refer to a fact-finder for
proceedings authorized pursuant to this chapter,
any contract action pending in the Superior Court,
EXCEPT CLAIMS UNDER INSURANCE CONTRACTS FOR
UNINSURED AND OR UNDERINSURED MOTORIST COVERAGE,
in which only money damages are claimed and which
is based upon an express or implied promise to pay
a definite sum, and in which the amount, legal
interest or property in [demand] CONTROVERSY is
less than [fifteen] FIFTY thousand dollars
exclusive of interest and costs. Such cases may be
referred to a fact-finder only after the
CERTIFICATE OF CLOSED pleadings [have been closed,
a trial list claim] has been filed, no claim for a
jury trial has been filed at the time of
reference, and the time prescribed in section
52-215 for filing a jury trial claim within thirty
days of the return day or within ten days after
the issue of fact has been joined has expired.
Sec. 2. Section 52-549u of the general
statutes is repealed and the following is
substituted in lieu thereof:
In accordance with the provisions of section
51-14, the judges of the Superior Court may make
such rules as they deem necessary to provide a
procedure in accordance with which the court, in
its discretion, may refer to an arbitrator, for
proceedings authorized pursuant to this chapter,
any civil action in which [the amount, legal
interest or property in demand] IN THE DISCRETION
OF THE COURT, THE REASONABLE EXPECTATION OF A
JUDGMENT is less than [fifteen] FIFTY thousand
dollars exclusive of LEGAL interest and costs and
in which a claim for a trial by jury and a [claim
for the trial list] CERTIFICATE OF CLOSED
PLEADINGS have been filed. AN AWARD UNDER THIS
SECTION SHALL NOT EXCEED FIFTY THOUSAND DOLLARS,
EXCLUSIVE OF LEGAL INTEREST AND COSTS. ANY PARTY
MAY PETITION THE COURT TO BECOME ELIGIBLE TO
PARTICIPATE IN THE ARBITRATION PROCESS AS PROVIDED
IN THIS SECTION.
Sec. 3. Subsection (a) of section 52-549w of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) Upon publication of a notice in the
Connecticut Law Journal, any commissioner of the
Superior Court admitted to practice in this state
for at least five years, WHO HAS CIVIL LITIGATION
EXPERIENCE AND who is willing and able to act as
an arbitrator, may submit his name to the Office
of the Chief Court Administrator for approval to
be placed on a list of available arbitrators for
one or more judicial districts. The criteria for
selection and approval of arbitrators shall be
promulgated by the judges of the Superior Court.
Upon selection and approval by the Chief Court
Administrator, for such term as he may fix, the
arbitrators shall be sworn or affirmed to try
justly and equitably all matters at issue
submitted to them. The Chief Court Administrator,
in his discretion, may at any time revoke any such
approval.
Sec. 4. Section 52-549x of the general
statutes is repealed and the following is
substituted in lieu thereof:
[In matters submitted to arbitration a record
shall be made of the proceedings and the rules of
evidence in civil cases in this state shall
apply.] Within one hundred twenty days of the
completion of the arbitration hearing the
arbitrator shall file his decision with the clerk
of the court together with sufficient copies
thereof for the parties or their counsel. In his
decision the arbitrator shall state the number of
days on which hearings concerning that case were
held before such arbitrator.
Sec. 5. Subsection (d) of section 52-549z of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) An appeal by way of a demand for a trial
de novo must be filed with the court clerk within
twenty days of the filing of the arbitrator's
decision and it shall include a certification that
a copy thereof has been served on each counsel of
record, to be accomplished in accordance with the
rules of court. THE DECISION OF THE ARBITRATOR
SHALL NOT BE ADMISSIBLE IN ANY PROCEEDING
RESULTING AFTER A CLAIM FOR A TRIAL DE NOVO OR
FROM A SETTING ASIDE OF AN AWARD IN ACCORDANCE
WITH SECTION 52-549aa, AS AMENDED BY SECTION 6 OF
THIS ACT.
Sec. 6. Section 52-549aa of the general
statutes is repealed and the following is
substituted in lieu thereof:
[The] IN ADDITION TO THE ABSOLUTE RIGHT TO A
TRIAL DE NOVO AS PROVIDED UNDER SECTION 52-549z,
AS AMENDED BY SECTION 5 OF THIS ACT, THE court in
which such award is filed may set aside an award
of arbitrators and order a trial de novo in the
superior court upon proof that the arbitrators
acted arbitrarily or capriciously in the course of
the hearings before them or that the award was
procured by corruption or other undue means.
Sec. 7. This act shall take effect January 1,
1998.
Approved May 6, 1997