§ 52-278n — Motion to disclose property. Order for disclosure. Substitution of surety.

Connecticut § 52-278n

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 903a: Prejudgment Remedies

Text

(a) The court may, on motion of a party, order an appearing defendant to disclose property in which he has an interest or debts owing to him sufficient to satisfy a prejudgment remedy. The existence, location and extent of the defendant's interest in such property or debts shall be subject to disclosure. The form and terms of disclosure shall be determined by the court. (b) A motion to disclose pursuant to this section may be made by attaching it to the application for a prejudgment remedy or may be made at any time after the filing of the application. (c) The court may order disclosure at any time prior to final judgment after it has determined that the party filing the motion for disclosure has, pursuant to section 52-278d , 52-278e or 52-278i , probable cause sufficient for the granting of a prejudgment remedy. (d) A defendant, in lieu of disclosing assets pursuant to subsection (a) of this section, may move the court for substitution either of a bond with surety substantially in compliance with sections 52-307 and 52-308 , or of other sufficient security. (e) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, no party may compel disclosure of the names and addresses of clients of an individual or entity that provides professional services, as defined in subdivision (20) of section 4e-1 , when the disclosure of such names and addresses would constitute a violation of state or federal law, or the applicable rules of professional conduct governing such profession, as the case may be. (f) Rules of court shall be enacted to carry out the foregoing provisions and may provide for reasonable sanctions to enforce orders issued pursuant to this section.

Legislative History

(P.A. 81-410, S. 1; P.A. 86-403, S. 86, 132; P.A. 93-431, S. 6, 10; P.A. 24-108, S. 35.) History: P.A. 86-403 made technical change in Subsec. (c); P.A. 93-431 amended Subsec. (c) to replace “issuance of a prejudgment remedy” with “granting of a prejudgment remedy”, effective January 1, 1994; P.A. 24-108 added new Subsec. (e) re party not being able to compel disclosure of names and addresses of clients of an individual or entity that provides professional services when disclosure would violate state or federal law or applicable rules of professional conduct, and redesignated existing Subsec. (e) as Subsec. (f). Cited. 188 C. 69; 226 C. 773. Cited. 19 CA 256; 29 CA 48. Cited. 38 CS 98.