Upon the application of either party, the court may order any issue or issues of fact in any action demanding equitable relief to be tried by a jury of six.
(1949 Rev., S. 7937; 1953, S. 3179d; 1971, P.A. 40, S. 6.)
History: 1971 act deleted provision specifying that application is deemed to be a request for six-person jury unless it expressly calls for full jury of twelve, making six-person jury the rule.
Trial by jury in equitable action. 79 C. 260; 81 C. 451; 82 C. 293; 83 C. 109; 85 C. 159; 90 C. 624, 633; 98 C. 222; 100 C. 248. Methods and priority in trial of equitable and legal issues. Id. No constitutional right to demand that incidental issues of fact in equitable action be tried to jury. 113 C. 608. Cited. 117 C. 454. In equitable proceeding, general verdict usually will not serve purpose intended, which is to inform court as to facts upon which relief is to be granted; proper course in most instances is to submit interrogatories covering issues on which court in its discretion determines decision of jury will be appropriate and useful. 121 C. 649. Cited. 122 C. 512. But when general claim for jury trial of equitable action is granted, unless court later modifies order, better practice is to submit to jury all issues it may properly try. Id., 567. Court's discretion to submit legal issues to jury should be sparingly exercised. 124 C. 571. As where incidental damages asked in action in which fundamental purpose is injunctive relief. 127 C. 153. This section rather than Sec. 52-219 applies in foreclosure action where defendant files cross complaint for money damages based on entirely separate transactions. 130 C. 206. Action of court is a discretionary matter. 134 C. 329. Action for declaratory judgment is not one in equity. 135 C. 294. Cited. 148 C. 391; 182 C. 193; 189 C. 490; 197 C. 34; 223 C. 419; 230 C. 148.
Cited. 23 CA 287; 41 CA 19.
Trial of questions of fact incidental to equitable issues is discretionary with the court. 4 CS 437. Cited. 15 CS 417; 17 CS 18. Strict foreclosure, being a purely equitable action, is not triable by a jury or of right but is within discretion of court and such discretion should be exercised sparingly. 18 CS 498. Cited. 44 CS 411.
Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 1961–2024 · leading case:
Gagne v. Vaccaro, 835 A.2d 491 (Conn. App. Ct. 2003).
Gagne v. Vaccaro, 835 A.2d 491 (Conn. App. Ct. 2003).
· cites it 5× “General Statutes § 52-218, 5 as well as Practice Book § 16-10, 6 provides the court in an equitable action the power to submit issues of fact to the jury upon the application of a party.”
Gaudio v. Gaudio, 580 A.2d 1212 (Conn. App. Ct. 1990).
· cites it 4× “General Statutes § 52-218 4 gives the court in an equitable action the power to submit issues of fact to a jury upon application of a party.”
Cohen v. Cohen, 438 A.2d 55 (Conn. 1980).
· cites it 4× “See General Statutes § 52-218 and Practice Book, 1978, § 307; Burns v.”
United States Trust Co. v. Bohart, 495 A.2d 1034 (Conn. 1985).
· cites it 2× “As the trial court noted, the defendants pursued no claim relating to the plaintiff’s retention of these stocks.”
Varley v. Varley, 457 A.2d 1065 (Conn. 1983).
· cites it 4× “General Statutes § 52-218 provides that the court may order factual issues in equitable proceedings to be tried *498 by a jury of six.”
Edmands v. Cuno, Inc., 892 A.2d 938 (Conn. 2006).
· cites it 2× “Upon the application of any party, the judicial authority may order any issue or issues of fact in any action demanding equitable relief to be tried by a jury, and such application shall be deemed to be a request for a jury of six.”
Meyers v. Cornwell Quality Tools, Inc., 54 A.L.R. 5th 883 (Conn. App. Ct. 1996).
· cites it 3× “) Moreover, General Statutes § 52-218 provides: “Upon the application of either party, the court may order any issue or issues of fact in any action demanding equitable relief to be tried by a jury of six.”
DeJesus v. R.P.M. Enter., Inc., 204 Conn. App. 665 (Conn. App. Ct. 2021).
· cites it 2× “See General Statutes § 52-218 (‘‘[u]pon the application of either party, the court may order any issue or issues of fact in any action demanding equitable relief to be tried by a jury of six’’).”
Dick v. Dick, 355 A.2d 110 (Conn. 1974).
· cites it 2× “General Statutes § 52-218; Dzubin v. Dzubin, supra.”
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