(a) Whenever any court, including a court of probate, or the judge of any such court acting in any matter coming before him as a judge, makes or renders any decision, order, decree, denial or ruling, unless it is made or rendered in the presence of counsel in the matter, the clerk of the court shall immediately notify counsel and any appearing party, in writing by mail or electronic delivery, of the decision, order, decree, denial or ruling. Electronic delivery may be by computer or facsimile transmission or by employing other technology in accordance with procedures and technical standards established by the Office of the Chief Court Administrator or the Probate Court Administrator, as the case may be. Notice delivered electronically shall have the same validity and status as notice delivered by mail.
(b) The time limited by law for commencing appellate proceedings on the decision, order, decree, denial or ruling shall date from the time when such notice is issued by the clerk.
(1949 Rev., S. 7719; 1963, P.A. 412; P.A. 82-248, S. 53; P.A. 12-133, S. 6.)
History: 1963 act deleted prohibition against applying section to courts or judges of probate, specifying section to apply in any contested matter; P.A. 82-248 rephrased section and divided section into Subsecs.; P.A. 12-133 amended Subsec. (a) by adding provisions re clerk to provide notice to any appearing party, re notice given by mail or electronic delivery, re methods and standards for electronic delivery and re delivery of notice electronically to have same validity as notice delivered by mail.
See Sec. 45a-187 re time of taking probate appeals.
Cited. 132 C. 627; 178 C. 189; 181 C. 367; 232 C. 181.
Cited. 36 CA 469; 44 CA 812; 45 CA 324; 46 CA 298.
Section applied. 31 CS 53.
Subsec. (a):
Clerk's failure to issue notice of an order does not render the order ineffective. 131 CA 471.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1979–2025 · leading case:
Graham v. Zimmerman, 435 A.2d 996 (Conn. 1980).
Graham v. Zimmerman, 435 A.2d 996 (Conn. 1980).
· cites it 12× “Neither the plaintiff nor Corneal, however, received notice from the clerk that judgment had been rendered as required by General Statutes § 51-53. On February 6, 1976, the plaintiff filed a motion to open the judgment of foreclosure on the ground that she had never received…”
Connery v. Gieske, 147 A.3d 94 (Conn. 2016).
· cites it 9× “In so concluding, the trial court also noted an apparent conflict between a provision in § 45a-186 (a) indicating that the appeals period commences with the mailing of the Probate Court's order or decree and General Statutes § 51-53, 5 which requires court clerks to immediately…”
Second Injury Fund v. Lupachino, 695 A.2d 1072 (Conn. App. Ct. 1997).
· cites it 8× “The defendant, on the other hand, claims that Ambroise, HUD/Barbour-Waverly and Srager , the same cases relied on by the fund, support his claim that the order was “rendered” under § 52-278/, not when the trial judge signed it, but, rather, when notice of that order was issued…”
Vega v. Waltsco, Inc., 699 A.2d 247 (Conn. App. Ct. 1997).
· cites it 5× “General Statutes § 51-53 establishes the procedure for civil actions pending in court and expressly requires that notice of judicial decisions shall be given to “counsel.”
J & E Inv. Co. v. Athan, 27 A.3d 415 (Conn. App. Ct. 2011).
· cites it 4× “The plaintiff noted that compliance with General Statutes § 51-53 is mandatory. Section 51-53 (a) provides in relevant part that “[wjhenever any court .”
Kron v. Thelen, 423 A.2d 857 (Conn. 1979).
“” 2 In this regard, it is significant that under both the provisions of § 51-53 of the General Statutes and Practice Book, 1978, § 398, whenever any judge renders a decision without counsel present, the clerk of the court is reqmred to notify counsel in writing of the decree or…”
Srager v. Koenig, 651 A.2d 752 (Conn. App. Ct. 1994).
· cites it 2× “” General Statutes § 51-53 (b); see also Practice Book § 398.”
Dime Sav. Bank v. Saucier, 692 A.2d 1288 (Conn. App. Ct. 1997).
· cites it 3× “General Statutes § 51-53; Practice Book § 4009.”
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