(a) Any party who intends to appeal or has appealed a final judgment of the Superior Court, or of a judge thereof, an appeal from which properly lies, may move the court in writing for a new trial if the judge who rendered judgment, or the stenographer or court reporter who took the testimony at the original trial therein if his stenographic notes are not decipherable, has died or become incapable of taking the action necessary for the appeal, and the party had complied with the rules relating to the taking of appeals before such death or incapacity.
(b) The motion shall be filed in the court within ten days after the death or incapacity of the judge or stenographer or court reporter has become known to the party appealing from the judgment.
(c) The motion shall contain a statement of errors which are claimed to have occurred in the trial of the matter.
(d) After hearing the motion, the court shall grant a new trial if, in its opinion, the errors claimed to have been committed are of such a nature as fairly entitle the party appealing to a review of the errors by appeal and a review of the errors cannot otherwise be had.
(1949 Rev., S. 8009; 1959, P.A. 28, S. 119; 1967, P.A. 25, S. 1; P.A. 74-183, S. 94, 291; P.A. 76-436, S. 485, 681; P.A. 82-160, S. 140.)
History: 1959 act deleted reference to judgments rendered in municipal courts which were abolished; 1967 act added circuit court to purview of section; P.A. 74-183 removed circuit court from purview of section, reflecting transfer of its functions in reorganization of judicial system, effective December 31, 1974; P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Rule before act was passed. 76 C. 534; 105 C. 718. Does not apply to constitutional incapacity arising where judge becomes disqualified because of age after judgment and before finding made; scope of section is mental or physical incapacity. 97 C. 565. Cited. 105 C. 718. Allegations which a motion under section should contain, stated. 134 C. 480. Court's conclusion that notes were decipherable and transcript substantially correct, upheld. 136 C. 705. Although referee died before making finding requested by appellants, new trial properly denied as issues raised on appeal were matters of law not requiring the finding. 168 C. 135. Cited. 195 C. 60; 213 C. 486.
Defendant's oral motion for new trial which did not include the necessary statement of errors does not satisfy requirements of section. 69 CA 21.
Cited. 14 CS 503. Statute not applicable when judge dies after directed verdict and before decision on motion to set aside verdict. 25 CS 60. Statute only applicable when judge dies after final judgment. 46 CS 650.
Notes of Decisions
Cited in
8
cases, 1963–2014 · leading case:
State v. Aquart, 793 A.2d 1185 (Conn. App. Ct. 2002).
State v. Aquart, 793 A.2d 1185 (Conn. App. Ct. 2002).
· cites it 12× “Although it is true that § 52-268 allows the court to grant a motion for a new trial when the transcript of a proceeding is missing and a review for errors is not possible, the facts of this case do not meet the requirements of § 52-268.”
Erisoty's Appeal from Prob., 582 A.2d 760 (Conn. 1990).
· cites it 2× “Second, the often thorny issue as to whether a judgment of the Superior Court is a final judgment for purposes of appeal; see General Statutes § 52-268 (final judgment required to prosecute appeal from the Superior Court); is not involved in an appeal from a judgment of a…”
Season-All Indus., Inc. v. R. J. Grosso, Inc., 569 A.2d 32 (Conn. 1990).
· cites it 3× “General Statutes § 52-268 (a) provides: “new trial when judge, stenographer OR COURT REPORTER DIES OR BECOMES INCAPACITATED AND review OF errors not possible, (a) Any party who intends to appeal or has appealed a final judgment of the superior court, or of a judge thereof, an…”
Cheney v. Strasburger, 357 A.2d 905 (Conn. 1975).
· cites it 2× “A fair reading of § 52-268 2 does not indicate that the statute provides a new and independent vehicle for a new and independent trial, but only a means of obtaining a new trial if the errors claimed by a party in its appeal, which are made a part of the motion, or, where not…”
Kasarauskas v. McLaughlin, 196 A.2d 118 (Conn. Super. Ct. 1963).
“Since no final judgment had been rendered, § 52-268 of the General Statutes does not apply, and plaintiff asks that a mistrial be declared and the case set down immediately for a new trial.”
Marsala v. Groonell, 771 A.2d 967 (Conn. Super. Ct. 2000).
· cites it 15× “The defendants also rely on General Statutes §§ 52-268 and 52-270 to support their argument for a new trial.”
Holmes v. Hartford Hosp., 84 A.3d 885 (Conn. App. Ct. 2014).
· cites it 4× “2 *721 II The plaintiff next claims that the trial court improperly denied her motion for a new trial pursuant to General Statutes § 52-268 3 because the trial transcript was incomplete, and therefore provided an inadequate basis to brief her claims on appeal.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.