Conn. Gen. Stat. § 51-15

Current with legislation from the 2024 Regular and Special Sessions.

Section 51-15 - Rules of procedure in certain civil actions. Small claims

(a) In accordance with the provisions of section 51-14, the judges of the Superior Court shall make such orders and rules as they deem necessary or advisable concerning the commencement of process and procedure in flowage petitions, parentage proceedings, replevin, summary process, habeas corpus, mandamus, prohibition, ne exeat, quo warranto, forcible entry and detainer, peaceable entry and forcible detainer, for paying rewards, and for the hearing and determination of small claims, including suitable forms of procedure in such cases, exclusive of fees.

(b) The judges of the Superior Court shall adopt orders and rules for the hearing and determination of small claims that shall include:

(1) Provisions for the institution of small claims actions by attorneys-at-law on suitable forms to be served by a proper officer or indifferent person upon the defendant in the same manner as complaints are served in civil actions;

(2) notice by mail;

(3) provisions for the early hearing of actions and rules for hearings in accordance with sections 51-193t and 52-549a, and the elimination of any and all fees or costs, except a fee for small claims procedure as prescribed in section 52-259;

(4) modification of any or all existing rules of pleading, practice and evidence; and

(5) a stay of the entry of judgment or of the issuance of execution and an alternative procedure according to the usual rules of practice. Such orders and rules shall permit the institution of a small claims action against a nonresident defendant who owns real or personal property in this state and against an out-of-state corporation.

(c) Upon the taking effect of such orders and rules, all provisions of statute, both public and private, and the provisions of any orders or rules adopted by the judges of the Superior Court prior to July 1, 1957, inconsistent with or superseded by them, shall be deemed to be repealed, to the extent necessary to render the orders and rules effective.

(d) The procedure for the hearing and determination of small claims as the same may be prescribed, from time to time, by the judges of the Superior Court shall be used in all small claims sessions of the court. The small claims procedure shall only be applicable to (1) all actions claiming money damages not in excess of five thousand dollars, except such procedure shall not be applicable to actions of libel and slander, and (2) actions claiming loss or damages not in excess of fifteen thousand dollars sustained by reason of (A) performance of, or offer to perform, home improvement, as defined in section 20-419, by a contractor holding a certificate under chapter 400, or (B) a contract for new home construction with a new home construction contractor holding a certificate under chapter 399a. If an action is brought in the small claims session by a tenant pursuant to subsection (g) of section 47a-21 to reclaim any part of a security deposit which may be due, the judicial authority hearing the action may award to the tenant the damages authorized by subsection (d) of said section and, if authorized by the rental agreement or any provision of the general statutes, costs, notwithstanding that the amount of such damages and costs, in the aggregate, exceeds the jurisdictional monetary limit established by subdivision (1) of this subsection. If a motion is filed to transfer a small claims matter to the regular docket in the court, the moving party shall pay the fee prescribed by section 52-259. The Attorney General or an assistant attorney general, or the head of any state agency or his or her authorized representative, while acting in his or her official capacity shall not be required to pay any small claims court fee. There shall be no charge for copies of service on defendants in small claims matters.

Conn. Gen. Stat. § 51-15

(1949 Rev., S. 7656; 1955, S. 3117d; 1957, P.A. 651, S. 33; 1959, P.A. 28, S. 74; 1963, P.A. 242; 1969, P.A. 777, S. 1; 1971, P.A. 870, S. 4; 1972, P.A. 281, S. 25; P.A. 74-183, S. 16, 291; P.A. 75-548; P.A. 76-298, S. 1, 6; 76-368, S. 7, 9; 76-436, S. 49, 681; P.A. 77-614, S. 133, 610; P.A. 81-129, S. 1; 81-472, S. 109, 159; P.A. 82-248, S. 9; 82-472, S. 133, 183; P.A. 83-295, S. 4; 83-577, S. 2; P.A. 85-256; 85-464, S. 5; P.A. 86-199; P.A. 89-53; May Sp. Sess. P.A. 92-6, S. 71, 117; P.A. 93-297, S. 4, 29; P.A. 95-36; P.A. 00-94; P.A. 01-195, S. 50, 181; P.A. 02-132, S. 73; P.A. 05-42, S. 1; P.A. 13-194, S. 7.)

Amended by P.A. 21-0197,S. 13 of the Connecticut Acts of the 2021 Regular Session, eff. 7/1/2022.

Amended by P.A. 21-0015,S. 142 of the Connecticut Acts of the 2021 Regular Session, eff. 1/1/2022.

Cited. 115 Conn. 101; 194 C. 43. Cited. 37 CA 85. Jurisdictional money limit of $5,000 for small claims actions applies to both the amount that may be claimed and the amount the court may award. 140 CA 514. Proper pleading by which to test the legal sufficiency of allegations in an alternative writ of mandamus is by motion to quash and not by demurrer. 15 CS 209. Cited. 38 Conn.Supp. 389; 40 CS 361; 43 Conn.Supp. 211. History of small claims procedures discussed. 3 Conn. Cir. Ct. 5, 6; Id., 698, 700.

See chapter 922a re hearing of small claims matters. See Sec. 52-259 re court fees for entry and transfer of small claims cases.