trial-like hearing in Connecticut

2018Management Co. , 272 Conn. 81 , 92, 861 A.2d 1160 (2004) ( [w]hen issues of fact are necessary to the determination of a court's jurisdiction ... due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses ...); Schaghticoke Tribal Nation v. Harrison , 264 Conn. 829 , 833, 826 A.2d 1102 (2003) (same).

2018Management Co. , 272 Conn. 81 , 92, 861 A.2d 1160 (2004) ( [w]hen issues of fact are necessary to the determination of a court's jurisdiction ... due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses ...); Schaghticoke Tribal Nation v. Harrison , 264 Conn. 829 , 833, 826 A.2d 1102 (2003) (same).

1999It is fundamental that “when . . . issues of fact . . . are disputed, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Nelson v. Nelson, 13 Conn. App. 355, 367 , 536 A.2d 985 (1988).

1999It is fundamental that “when . . . issues of fact . . . are disputed, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Nelson v. Nelson, 13 Conn. App. 355, 367 , 536 A.2d 985 (1988).

2002A trial-like hearing should be held if issues of fact are disputed." (Citation omitted.) Id . citing: Cologne v. Westfarms Associates , 197 Conn. 141 , 147 , 496 A.2d 476 (1985).

2002A trial-like hearing should be held if issues of fact are disputed." (Citation omitted.) Id . citing: Cologne v. Westfarms Associates , 197 Conn. 141 , 147 , 496 A.2d 476 (1985).

2020A trial-like hearing should be held if issues of fact are disputed.’’ [Emphasis omitted; internal quotation marks omitted.]). ‘‘A judgment of contempt cannot be based on representations of counsel in a motion, but must be supported by evidence produced in court at a proper proceeding.’’ (Internal quotation marks omitted.) Kelly v. Kelly, 54 Conn. App. 50, 60 , 732 A.2d 808 (1999); accord Edmond v. Foisey, supra, 772 ; see also Baker v. Baker, 95 Conn. App. 826 , 832–33, 898 A.2d 253 (2006).

2020A trial-like hearing should be held if issues of fact are disputed.’’ [Emphasis omitted; internal quotation marks omitted.]). ‘‘A judgment of contempt cannot be based on representations of counsel in a motion, but must be supported by evidence produced in court at a proper proceeding.’’ (Internal quotation marks omitted.) Kelly v. Kelly, 54 Conn. App. 50, 60 , 732 A.2d 808 (1999); accord Edmond v. Foisey, supra, 772 ; see also Baker v. Baker, 95 Conn. App. 826 , 832–33, 898 A.2d 253 (2006).

2009Management Co., 272 Conn. 81, 92 , 861 A.2d 1160 (2004) (“[w]hen issues of fact are necessary to the determination of a court’s *653 jurisdiction . . . due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses” [internal quotation marks omitted]); Schaghti-coke Tribal Nation v. Harrison, 264 Conn. 829, 833 , 826 A.2d 1102 (2003) (same). 15 Likewise, if the question of jurisdiction is intertwined with the merits of the case, a court cannot resolve the jurisdictional question without a hearing to evaluat

2002This motion shall always be filed with a supporting memorandum of law, and where appropriate, with supporting affidavits as to facts not apparent on the record.” “When issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Lampasona v. Jacobs, 7 Conn. App. 639, 642-43 , 509 A.2d 1089 (1986), cert. denied, 492 U.S. 919 , 109 S. Ct. 3244 , 106 L.

2009Management Co., 272 Conn. 81, 92 , 861 A.2d 1160 (2004) (“[w]hen issues of fact are necessary to the determination of a court’s *653 jurisdiction . . . due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses” [internal quotation marks omitted]); Schaghti-coke Tribal Nation v. Harrison, 264 Conn. 829, 833 , 826 A.2d 1102 (2003) (same). 15 Likewise, if the question of jurisdiction is intertwined with the merits of the case, a court cannot resolve the jurisdictional question without a hearing to evaluat

2002This motion shall always be filed with a supporting memorandum of law, and where appropriate, with supporting affidavits as to facts not apparent on the record.” “When issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Lampasona v. Jacobs, 7 Conn. App. 639, 642-43 , 509 A.2d 1089 (1986), cert. denied, 492 U.S. 919 , 109 S. Ct. 3244 , 106 L.

2009Management Co., 272 Conn. 81, 92 , 861 A.2d 1160 (2004) (“[w]hen issues of fact are necessary to the determination of a court’s *653 jurisdiction . . . due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses” [internal quotation marks omitted]); Schaghti-coke Tribal Nation v. Harrison, 264 Conn. 829, 833 , 826 A.2d 1102 (2003) (same). 15 Likewise, if the question of jurisdiction is intertwined with the merits of the case, a court cannot resolve the jurisdictional question without a hearing to evaluat

2002This motion shall always be filed with a supporting memorandum of law, and where appropriate, with supporting affidavits as to facts not apparent on the record.” “When issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Lampasona v. Jacobs, 7 Conn. App. 639, 642-43 , 509 A.2d 1089 (1986), cert. denied, 492 U.S. 919 , 109 S. Ct. 3244 , 106 L.

2002Weidenbacher v. Duclos , 234 Conn. 51 , 54 fn. 5 (when issue of fact must be resolved to determine jurisdiction due process requires a trial-like hearing).

2002"When issues of fact are necessary to the determination of a court's jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses." (Internal quotation marks omitted.) Weidenbacher v. Duclos, 234 Conn. 51 , 54 n. 5, 677 A.2d 1378 (1995).

2002"When issues of fact are necessary to the determination of a court's jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses." (Internal quotation marks omitted.) Weidenbacher v. Duclos, 234 Conn. 51 , 54 n. 5, 677 A.2d 1378 (1995).

2000"When issues of fact are necessary to the determination of a court's jurisdiction, due process requires that a trial-like hearing be held, in CT Page 15439 which an opportunity is provided to present evidence and to cross-examine adverse witnesses." (Internal quotation marks omitted.) Weidenbacher v. Duclos , 234 Conn. 51 , 54 n. 5, 677 A.2d 1378 (1995) "A motion to dismiss may . . . raise issues of fact and would, therefore, require a hearing [to determine the facts] . . . [A]ffidavits are insufficient to determine the facts unless, like the summary judgment, they disclose that no genuine iss

2000A trial-like hearing should be held if issues of fact are disputed.” (Citation omitted.) Id.

1999A trial-like hearing should be held if issues of fact are disputed.” (Citation omitted; emphasis added.) Bunche v. Bunche, 36 Conn. App. 322, 324 , 650 A.2d 917 (1994).

2020When the trial court is required to make a finding that depends on issues of fact [that] are disputed, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.’’ (Internal quotation marks omitted.) Morelli v. Manpower, Inc., 34 Conn. App. 419 , 423–24, 642 A.2d 9 (1994).

2020When the trial court is required to make a finding that depends on issues of fact [that] are disputed, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.’’ (Internal quotation marks omitted.) Morelli v. Manpower, Inc., 34 Conn. App. 419 , 423–24, 642 A.2d 9 (1994).

2013Further, [w]hen issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Equity One, Inc. v. Shivers, 125 Conn. App. 201, 204-206 , 9 A.3d 379 (2010), cert. granted, 300 Conn. 936 , 17 A.3d 474 (2011).

2013Further, [w]hen issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Equity One, Inc. v. Shivers, 125 Conn. App. 201, 204-206 , 9 A.3d 379 (2010), cert. granted, 300 Conn. 936 , 17 A.3d 474 (2011).

2012Generally, when the exercise of the court’s discretion depends on issues of fact which are disputed, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Citation omitted; internal quotation marks omitted.) Esposito v. Esposito, 71 Conn. App. 744, 747 , 804 A.2d 846 (2002).

2012Generally, when the exercise of the court’s discretion depends on issues of fact which are disputed, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Citation omitted; internal quotation marks omitted.) Esposito v. Esposito, 71 Conn. App. 744, 747 , 804 A.2d 846 (2002).

2011Further, [w]hen issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Citations omitted; internal quotation marks omitted.) Cross v. Hudon, 27 Conn. App. 729, 733 , 609 A.2d 1021 (1992).

2011Further, [w]hen issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Citations omitted; internal quotation marks omitted.) Cross v. Hudon, 27 Conn. App. 729, 733 , 609 A.2d 1021 (1992).

2011“When issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Fairfax Properties, Inc. v. Lyons, 72 Conn. App. 426, 432 , 806 A.2d 535 (2002); see also Lawton v. Weiner, 91 Conn. App. 698, 705-706 , 882 A.2d 151 (2005) (hearing required only when motion to dismiss raises genuine issue of material fact).

2011“When issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Fairfax Properties, Inc. v. Lyons, 72 Conn. App. 426, 432 , 806 A.2d 535 (2002); see also Lawton v. Weiner, 91 Conn. App. 698, 705-706 , 882 A.2d 151 (2005) (hearing required only when motion to dismiss raises genuine issue of material fact).

2010Corda Construction, Inc., is binding authority in the Superior Court, neither the parties nor the trial court have acknowledged it. 8 The same is true of Lostritto v. Community Action Agency of New Haven, Inc., 269 Conn. 10, 32 , 848 A.2d 418 (2004), the other authority on which the plaintiff relies. 9 See Knipple v. Viking Communications, Ltd., 236 Conn. 602 , 608 n.10, 674 A.2d 426 (1996) (“[wjhere the facts necessary to determine jurisdiction are disputed, due process requires that a trial-like hearing be held, [at the request of either party] in which an opportunity is provided to present

2010Corda Construction, Inc., is binding authority in the Superior Court, neither the parties nor the trial court have acknowledged it. 8 The same is true of Lostritto v. Community Action Agency of New Haven, Inc., 269 Conn. 10, 32 , 848 A.2d 418 (2004), the other authority on which the plaintiff relies. 9 See Knipple v. Viking Communications, Ltd., 236 Conn. 602 , 608 n.10, 674 A.2d 426 (1996) (“[wjhere the facts necessary to determine jurisdiction are disputed, due process requires that a trial-like hearing be held, [at the request of either party] in which an opportunity is provided to present

2009Management Co., 272 Conn. 81, 92 , 861 A.2d 1160 (2004) (“[w]hen issues of fact are necessary to the determination of a court’s *653 jurisdiction . . . due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses” [internal quotation marks omitted]); Schaghti-coke Tribal Nation v. Harrison, 264 Conn. 829, 833 , 826 A.2d 1102 (2003) (same). 15 Likewise, if the question of jurisdiction is intertwined with the merits of the case, a court cannot resolve the jurisdictional question without a hearing to evaluat

2009Management Co., 272 Conn. 81, 92 , 861 A.2d 1160 (2004) (“[w]hen issues of fact are necessary to the determination of a court’s *653 jurisdiction . . . due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses” [internal quotation marks omitted]); Schaghti-coke Tribal Nation v. Harrison, 264 Conn. 829, 833 , 826 A.2d 1102 (2003) (same). 15 Likewise, if the question of jurisdiction is intertwined with the merits of the case, a court cannot resolve the jurisdictional question without a hearing to evaluat

2006“When issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Schaghticoke Tribal Nation v. Harrison, 264 Conn. 829, 833 , 826 A.2d 1102 (2003); Manifold v. Ragaglia, supra, 94 Conn. App. 117 n.7 ; Coughlin v. Waterbury, 61 Conn. App. 310, 315 , 763 A.2d 1058 (2001); Bradley’s Appeal from Probate, 19 Conn. App. 456, 467 , 563 A.2d 1358 (1989).

2006“When issues of fact are necessary to the determination of a court’s jurisdiction, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) Schaghticoke Tribal Nation v. Harrison, 264 Conn. 829, 833 , 826 A.2d 1102 (2003); Manifold v. Ragaglia, supra, 94 Conn. App. 117 n.7 ; Coughlin v. Waterbury, 61 Conn. App. 310, 315 , 763 A.2d 1058 (2001); Bradley’s Appeal from Probate, 19 Conn. App. 456, 467 , 563 A.2d 1358 (1989).

2006As we have often stated, “[generally, when the exercise of the court’s discretion depends on issues of fact which are disputed, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) New England Savings Bank v. Clark, 54 Conn. App. 121, 124 , 734 A.2d 146 (1999).

2006As we have often stated, “[generally, when the exercise of the court’s discretion depends on issues of fact which are disputed, due process requires that a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses.” (Internal quotation marks omitted.) New England Savings Bank v. Clark, 54 Conn. App. 121, 124 , 734 A.2d 146 (1999).

1996Cologne v. West Farms Associates, 197 Conn. 141 , 151 (1985); Wilson v. Wilson, 38 Conn. App. 263 , 277 (1995); Murphy v. Burke, 2 Conn. Ops. 288, H-1070, March 11, 1996, (DiPentima, J.).

1995"Our cases have consistently held that a finding of contempt for conduct that has allegedly occurred outside the presence of the court may not be based solely on unsworn representations of counsel Cologne v. Westfarms Associates, 197 Conn. 141 , 154 , 496 A.2d 476 (1985); Nelson v. Nelson, 13 Conn. App. 355 , 367 , 536 A.2d 985 (1988). "[D]ue process requires a trial-like hearing be held, in which an opportunity is provided to present evidence and to cross-examine adverse witnesses." (Internal quotation marks omitted.) Cologne v. Westfarms Associates, supra, 154 ." Wilson v. Wilson, 38 Conn. A

2026Walshon v. Ballon Stoll Bader & Nadler, P.C., 121 Conn. App. 366, 371 , 996 A.2d 1195 (2010).

2026Walshon v. Ballon Stoll Bader & Nadler, P.C., 121 Conn. App. 366, 371 , 996 A.2d 1195 (2010).