§ 52-549z — Appeal. Trial de novo.

Connecticut § 52-549z

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 922b: Fact-Finding and Arbitration

Text

(a) A decision of the arbitrator shall become a judgment of the court if no appeal from the arbitrator's decision by way of a demand for a trial de novo is filed in accordance with subsection (d) of this section. (b) A decision of the arbitrator shall become null and void if an appeal from the arbitrator's decision by way of a demand for a trial de novo is filed in accordance with subsection (d) of this section. (c) For the purpose of this section the word “decision” shall include a decision and judgment rendered pursuant to subsection (a) of section 52-549y , provided the appeal is taken by a party who did not fail to appear at the hearing, and it shall exclude any other decision or judgment rendered pursuant to said section. (d) An appeal by way of a demand for a trial de novo shall be filed with the court clerk not later than twenty days after the date on which (1) notice of the arbitrator's decision is sent electronically to the parties or their counsel, or (2) the arbitrator's decision is deposited in the United States mail, whichever is later, and shall include a certification that a copy thereof has been served on each party or counsel of record, to be accomplished in accordance with the rules of court. The decision of the arbitrator shall not be admissible in any proceeding resulting after a claim for a trial de novo or from a setting aside of an award in accordance with section 52-549aa . (e) The Superior Court may refer any proceeding resulting from the filing of a demand for a trial de novo under subsection (d) of this section to a judge trial referee without the consent of the parties, and said judge trial referee shall have and exercise the powers of the Superior Court in respect to trial, judgment and appeal in the case, including a judgment of fifty thousand dollars or more.

Legislative History

(P.A. 82-441, S. 12, 23; P.A. 83-587, S. 65, 96; P.A. 97-24, S. 5, 7; P.A. 01-203, S. 2; P.A. 19-64, S. 23.) History: P.A. 82-441, S. 12 effective July 1, 1983; P.A. 83-587 deleted references to Subsec. (e) of the section; P.A. 97-24 amended Subsec. (d) by adding provision re inadmissibility of decision of arbitrator, effective January 1, 1998; P.A. 01-203 amended Subsec. (d) by changing “of the filing” of arbitrator's decision to “after the deposit” of arbitrator's decision “in the United States mail, as evidenced by the postmark” and added Subsec. (e) re referral of trial de novo proceedings to judge trial referees without consent of parties and powers of judge trial referees with respect to trial, judgment and appeal, including judgment of $50,000 or more; P.A. 19-64 amended Subsec. (d) by replacing provision re filing with court clerk within 20 days after deposit of arbitrator's decision in mail as evidenced by postmark with provision re filing with court clerk not later than 20 days after date on which notice of arbitrator's decision is sent electronically to parties or counsel or arbitrator's decision is deposited in mail, whichever is later, adding reference to party and making technical changes, effective July 1, 2019. Right to trial by jury preserved by section. 13 CA 189. Section does not require notice of arbitrator decision be sent both electronically and by mail, it merely recognizes that notice may be sent by two possible methods and then dictates how the twenty day period is to be calculated with respect to each method, the phrase “whichever is late” is applicable only in circumstances in which notice is sent both electronically and by mail. 211 CA 458.