Connecticut General Statutes

Conn. Gen. Stat. § 52-438 (2026)

✓ current as of May 2026

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Transferred to Chapter 815y, Sec. 46b-164.

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Notes of Decisions

Cited in 4 cases, 1966–1990 · leading case: Robertson v. Apuzzo, 365 A.2d 824 (Conn. 1976).

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Robertson v. Apuzzo, 365 A.2d 824 (Conn. 1976). · cites it 4× “1 General Statutes § 52-438 as it was in effect in 1970 provided: “either party may demand jury trial.”

Doe v. State, 579 A.2d 37 (Conn. 1990). · cites it 2× “2d 126 (1976), the defendant had a right to a jury trial pursuant to General Statutes § 52-438, but, because of his indigency, he was unable to pay “the jury fee required by statute to be paid by any party to a civil action who desires a jury rather than a court trial.”

Fulmore v. Deveaux, 220 A.2d 462 (Conn. App. Ct. 1966). “” Section 52-438 of the General Statutes, which provides for trial by jury on the question of the guilt or innocence of the defendant, remains unchanged.”

Pouncey v. Carraway, 258 A.2d 483 (Conn. App. Ct. 1969). · cites it 2× “Under General Statutes §§ 52-438 and 52-442 and Forms 785, 786 and 812 in the 1963 Practice Book, it is clear that the verdict oí the jury is limited to the issue of paternity and is in the form of 'guilty’ or 'not guilty’ as the ease may be.”

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