2005 Connecticut Code - Sec. 52-156. Preservation of the testimony of a witness.
Sec. 52-156. Preservation of the testimony of a witness. (a) Any person who
desires to preserve the testimony of any witness, concerning any matter which is or may
be the subject of a civil action, may present a petition in writing to any judge of the
Superior Court, setting forth the reasons for his application, the name of the witness,
the subject matter of the controversy and the names of all persons interested therein and
praying that the deposition of the witness may be taken. Upon presentation of the petition,
the judge shall appoint a time and place for the respondents to appear before him and
show cause why the prayer of the petition should not be granted, and order such notice
thereof to the parties, whether resident in this state or not, as he thinks reasonable. If,
at the time appointed, he finds that the notice ordered has been given, he shall further
direct, if no sufficient cause is shown to the contrary, that depositions shall be taken at
such times and places as he may prescribe, either by himself or by some other person
or persons whom he may appoint for that purpose, who shall receive therefor from the
petitioner three dollars a day.
(1949 Rev., S. 7879; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 75.)
History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Equity jurisdiction over such petitions. 5 C. 352. Powers of compensation commissioner to hold hearing to perpetuate testimony. 132 C. 173. Cited. 157 C. 226. Cited. 211 C. 555, 560. Cited. 229 C. 716, 752. Cited. 230 C. 1, 5.
Having by its cross-examination created testimony a party does not "own" that cross-examination so as to be able to exclude its introduction into evidence solely on the basis of waiver. 1 CA 496, 499. Cited. 41 CA 625, 626, 628, 632.
In proper case statute can be invoked for the purpose of "discovery before suit". 24 CS 452. If purpose for taking deposition would be defeated by delay, court may terminate stay of execution on appeal from such order. Id., 455. History discussed. 25 CS 273. Procedure under this section for perpetuating the testimony of witnesses furnishes an extraordinary remedy, to be confined to cases where there is a substantial risk that the testimony will be lost. Id., 274.
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