(a) The Superior Court, or any judge of the court, with the consent of all parties of record, may reserve questions of law for the advice of the Supreme Court or Appellate Court in all cases in which an appeal could lawfully have been taken to said court had judgment been rendered therein.
(b) The court or judge making the reservation shall, in the judgment, decree or decision made or rendered in such cases, conform to the advice of the Supreme Court or the Appellate Court.
(1949 Rev., S. 7967; P.A. 82-160, S. 116; June Sp. Sess. P.A. 83-29, S. 41, 82.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; June Sp. Sess. P.A. 83-29 included reference to appellate court.
Questions depending on inferences of fact cannot be reserved. 20 C. 292; 27 C. 278; 35 C. 482, but see 38 C. 301. No question not particularly reserved will be considered. 23 C. 621; 35 C. 509. No advice will be given as to a point not final in its effect on the case; 27 C. 271; 36 C. 197; or one of procedure, not affecting substantive rights. 91 C. 241. Same questions cannot be reserved twice. 26 C. 117; 27 C. 462; 35 C. 222. Questions heard on reservation will not be heard again on motion in error. 43 C. 255; 44 C. 391; 71 C. 584. Reservation not affecting the merits of the case will not be entertained. 46 C. 240. Nature of advice where complaint is radically defective. 47 C. 376. Advice contingent upon an amendment and further finding. 52 C. 274. The lower court cannot give the Supreme Court jurisdiction merely by reserving the case for its advice. 58 C. 66. Nature and effect of reservation. 65 C. 119. The “consent” of the parties who chose to appear in the trial court is sufficient. 67 C. 320. Finding of facts necessary; transcript of evidence not enough; 68 C. 318; 77 C. 214; ultimate facts should be found. 74 C. 36. Only facts within issues of pleadings considered. 69 C. 392; 77 C. 214. Power of court to grant new trial because verdict against evidence may be considered. 64 C. 61. Issues open on reservation in quo warranto. 66 C. 300. Court can consider facts agreed upon but not on record. 75 C. 505. Necessity that decision should finally determine issues; 80 C. 71; filing of stipulation to that effect; 77 C. 327; 80 C. 318; 87 C. 362; but court sometimes disregards rule. 80 C. 646. Questions affecting parties not of record not ordinarily decided, but may be. 86 C. 565; 88 C. 207. Should involve only substantive rights, not motion to correct finding of compensation commissioner. 95 C. 160. Court will not pass on academic questions. Id., 161. Requirement as to stipulation; question whether on facts plaintiff entitled to recover not proper. 96 C. 568. Advice must be such that court from which reservation comes can properly apply it in deciding issues before it when reservation was made. 136 C. 49. An application for dissolution of attachment, though ancillary to main action, may be reserved for advice of Supreme Court. Id., 641. Cited. 318 U.S. 46; 142 C. 431. When court will hear a reservation even though the case is not ready for final judgment. 147 C. 22. The court cannot, in the first instance, draw conclusions of facts from primary facts and cannot be compelled by reservation to do so. 150 C. 387. In the case of actions praying for a declaratory judgment, since remedy sought is prospective, right to such relief is determined by the situation which has developed at the time of trial and not by that existing at the time the action was begun. 152 C. 323. Cited. 156 C. 253; 157 C. 4; 187 C. 451; 192 C. 327; Id., 671. Interpreted as not requiring that case be at final judgment stage when the reservation is brought, where issues raised are of critical importance to the proceedings and court's advice will further the interests of simplicity, directness and judicial economy. Id., 671. Cited. 201 C. 598; 202 C. 583; 211 C. 51; 236 C. 681; 237 C. 332.
Cited. 1 CA 22; 25 CA 673; 28 CA 622; 35 CA 72.
Notes of Decisions
Cited in
42
cases (
3 in the last 5 years), 1960–2023 · leading case:
State v. Sanabria, 474 A.2d 760 (Conn. 1984).
State v. Sanabria, 474 A.2d 760 (Conn. 1984).
· cites it 10× “” General Statutes § 52-235 (a), as amended by Public Acts, Spec.”
Ramos v. Town of Vernon, 761 A.2d 705 (Conn. 2000).
· cites it 6× “752 ; see General Statutes § 52-235; Practice Book § 73-1.”
Angelsea Prods., Inc. v. Comm'n on Human Rights & Opportunities, 674 A.2d 1300 (Conn. 1996).
· cites it 4× “to 1993) § 46a-84 (b)], must the [commission] dismiss the complaint for lack of jurisdiction?” 6 The trial court reserved the questions for consideration by the Appellate Court pursuant to General Statutes § 52-235 and Practice Book § 4147.”
Gianetti v. Norwalk Hosp., 557 A.2d 1249 (Conn. 1989).
· cites it 4× “Thereafter, counsel for the parties filed a joint motion for reservation of legal issues pursuant to General Statutes § 52-235 (a). 2 At this point, we should set out certain findings of the attorney state trial referee that will serve as background for the serious procedural…”
Small v. Going Forward, Inc., 915 A.2d 298 (Conn. 2007).
· cites it 4× “After the trial court denied the defendant's motion to strike, the parties jointly requested that the trial court reserve the underlying question of law involved herein for the advice of the Appellate Court pursuant to General Statutes § 52-235 and Practice Book § 73-1.”
Galgano v. Metro. Prop. & Cas. Ins., 838 A.2d 993 (Conn. 2004).
· cites it 3× ““(e) The court will not entertain a reservation for its advice upon questions of law arising in any action unless the question or questions presented are such as are, in the opinion of the court, reasonably certain to enter into the decision of the case, and it appears that…”
Deutsche Bank Nat'l Trust Co. v. Fraboni, 191 A.3d 247 (Conn. App. Ct. 2018).
· cites it 5× “This appeal comes to us on a reservation of a legal issue pursuant to General Statutes § 52-235 1 and Practice Book § 73-1.”
Burke v. Fleet Nat'l Bank, 742 A.2d 293 (Conn. 1999).
· cites it 4× “Jerry Wagner, judge trial referee, approved the joint stipulation of facts and reserved the following question for the advice of the Appellate Court pursuant to General Statutes § 52-235 8 and Practice Book § 73-1: 9 “Does General Stat *9 utes § 36a-156 prohibit a bank which has…”
Gianetti v. Norwalk Hosp., 43 A.3d 567 (Conn. 2012).
· cites it 2× “See generally General Statutes § 52-235(a) (providing that "[t]he Superior Court, or any judge of the court, with the consent of all parties of record, may reserve questions of law for the advice of the Supreme Court or Appellate Court in all cases in which an appeal could…”
Angelsea Prods., Inc. v. Comm'n on Human Rights & Opportunities, 727 A.2d 1268 (Conn. 1999).
· cites it 6× “At the request of the parties and to expedite resolution of the plaintiff’s appeal, the trial court reserved the following four questions for consideration by the Appellate Court pursuant to General Statutes § 52-235 and Practice Book § 4147, now § 73-1: (1) “Is the time limit…”
State v. Nathaniel S., 146 A.3d 988 (Conn. 2016).
· cites it 2× “In response, the state and the defendant jointly requested that the trial court reserve the following question of law for the advice of this court pursuant to General Statutes § 52-235 (a) and Practice Book § 73-1 : "Does [P.”
— Conn. Gen. Stat. § 52-235(a) — 1 case
Gianetti v. Norwalk Hosp., 43 A.3d 567 (Conn. 2012).
“See generally General Statutes § 52-235(a) (providing that "[t]he Superior Court, or any judge of the court, with the consent of all parties of record, may reserve questions of law for the advice of the Supreme Court or Appellate Court in all cases in which an appeal could…”
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