Connecticut General Statutes

Conn. Gen. Stat. § 51-85 (2025)

Authority and powers of commissioners of the Superior Court

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Each attorney-at-law admitted to practice within the state, while in good standing, shall be a commissioner of the Superior Court and, in such capacity, may, within the state, sign writs and subpoenas, take recognizances, administer oaths and take depositions and acknowledgments of deeds. Each such attorney may also issue subpoenas to compel the attendance of witnesses and subpoenas duces tecum in administrative proceedings. If, in any administrative proceeding, any person disobeys such subpoena or, having appeared in obedience thereto, refuses to answer any proper and pertinent question or refuses to produce any books, papers or documents pursuant thereto, application may be made to the Superior Court or any judge thereof for an order compelling obedience.

(1949 Rev., S. 7648; P.A. 77-386, S. 1, 2; P.A. 78-280, S. 80, 127.)

History: P.A. 77-386 authorized issuance of subpoenas and subpoenas duces tecum and added provision re application for order compelling obedience where person disobeys subpoena or fails to answer questions, etc.; P.A. 78-280 required that application for order compelling obedience be made to superior court rather than to court of common pleas, fulfilling requirements of P.A. 76-436 which transferred functions of common pleas court to superior court.

A woman may be appointed. 50 C. 136. The signing of a writ by a lawyer as a commissioner of the Superior Court is not a mere ministerial act; a writ of mandamus to compel the signing will not be granted. 142 C. 411. Cited. 162 C. 255; 171 C. 705; 180 C. 243; 197 C. 507; 207 C. 77; 222 C. 541; 223 C. 618.

Cited. 9 CA 825; 25 CA 543; judgment reversed, see 222 C. 541; 38 CA 555.

Court refused to consider claim that town attorney had authority to apply for order compelling obedience where claim not made to trial court. 35 CS 668. Cited. 42 CS 602.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1972–2022 · leading case: Dragan v. Connecticut Med. Examining Bd., 613 A.2d 739 (Conn. 1992).
Dragan v. Connecticut Med. Examining Bd., 613 A.2d 739 (Conn. 1992). · cites it 4× “The timing of this request to subpoena numerous witnesses manifests that it was not made in response to any perceived violation of the plaintiff’s right to cross-examine Connor.”
Lawrence v. Kozlowski, 372 A.2d 110 (Conn. 1976). · cites it 2× “General Statutes § 51-85 would authorize the plaintiff’s counsel, or a commissioner of the Superior Court, to issue a subpoena in connection with judicial proceedings, but that power is of no avail in respect to administrative hearings.”
Stone-Krete Constr., Inc. v. Eder, 911 A.2d 300 (Conn. 2006). · cites it 2× “” General Statutes § 51-85 provides in relevant part: “Each attomey-at-law admitted to practice within the state, while in good standing, shall be a *675 commissioner of the Superior Court and, in such capacity, may, within the state, sign writs and subpoenas, take…”
State v. Morrill, 498 A.2d 76 (Conn. 1985). · cites it 2× “General Statutes § 51-85 grants to any attorney-at-law admitted to practice within this state the status of commissioner of the Superior Court, and confers upon him broad power to issue subpoenas.”
Brunswick v. Inland Wetlands Comm'n, 596 A.2d 463 (Conn. App. Ct. 1991). · cites it 4× “By virtue of General Statutes § 51-85 2 and Practice Book § 18, 3 he is also a commissioner of the Superior Court, a concomitant of which is the “power and authority” to sign writs.”
Brunswick v. Inland Wetlands Comm'n, 610 A.2d 1260 (Conn. 1992). · cites it 2× “Brunswick, one of the plaintiffs, who is an attorney admitted to practice law in Connecticut and a commissioner of the Superior Court; see General Statutes § 51-85; Practice Book § 18; signed the citation that accompanied the complaint and caused it to be served on the…”
City Council v. Hall, 429 A.2d 481 (Conn. 1980). · cites it 2× “The conrt ordered the defendant to appear before the city council when requested to do so by the corporation counsel of the city of West Haven and to comply with § 51-85 of the General Statutes. 3 The trial court also stated that if Hall “feels that he has a constitutional right…”
Goldberg v. Ins. Dep't, 540 A.2d 365 (Conn. 1988). · cites it 3× “” Specifically, the plaintiffs argue that the defendants relied on unpublished regulations to: (a) deny the plaintiffs’ request for a more detailed statement of the facts supporting the defendants’ allegations pursuant to General Statutes § 4-177 (b) (4); and (b) refuse to honor…”
Middlesex Mut. Assurance Co. v. Clinton, 662 A.2d 1319 (Conn. App. Ct. 1995). · cites it 2× “shall be signed by a commissioner of the superior court }} General Statutes § 51-85 provides in pertinent part: “Each attorney-at-law admitted to practice within the state, while in good standing, shall be a commissioner of the superior court and, in such capacity, may, within…”
Harvey v. Harvey, 931 F. Supp. 127 (D. Conn. 1996). · cites it 2× “See Conn. Gen.Stat. § 51-85. In order to hold an individual liable under § 1983, however, a plaintiff must establish that the alleged wrongful acts can be fairly attributed to the State.”
Marshall v. Delponte, 634 A.2d 918 (Conn. Super. Ct. 1991). · cites it 2× “General Statutes § 51-85. No such subpoena was issued nor did the plaintiff’s attorney request that the hearing officer summon the officer to testify or request that the hearing officer summon the officer to testify or request that the hearing be postponed so that the…”
State v. Upton, 520 A.2d 1289 (Conn. App. Ct. 1987). · cites it 2× “General Statutes § 51-85 provides: “Each attorney-at-law admitted to practice within the state, while in good standing, shall be a commissioner of the superior court and, in such capacity, may, within the state, sign writs and subpoenas, take recognizances, administer oaths and…”
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