2005 Connecticut Code - Sec. 52-582. Petition for new trial.

      Sec. 52-582. Petition for new trial. No petition for a new trial in any civil or criminal proceeding shall be brought but within three years next after the rendition of the judgment or decree complained of, except that a petition based on DNA (deoxyribonucleic acid) evidence that was not discoverable or available at the time of the original trial may be brought at any time after the discovery or availability of such new evidence.

      (1949 Rev., S. 8322; P.A. 00-80, S. 2, 3.)

      History: P.A. 00-80 added exception authorizing a petition based on DNA evidence not discoverable or available at time of original trial to be brought at any time after the discovery or availability of the new evidence, effective May 16, 2000, and applicable to any offense committed prior to, on or after that date.

      The "rendition" is the time when the judgment was actually entered. 1 R. 54. Complaint for equitable relief from judgment obtained without notice should be seasonably brought. 46 C. 605. Petition for new trial may be brought under this section despite section 52-212, though judgment was by default. 93 C. 160; 97 C. 123. Cited. 138 C. 573; 140 C. 464. Effect of three-year limitation not decided. 142 C. 20. "Rendition of judgment" is the judgment at the trial court where it is sustained on appeal. 181 C. 58, 59. Cited. 214 C. 464, 476. Cited. 229 C. 397, 426. Cited. 230 C. 427, 435.

      Cited. 3 CA 322, 328. Cited. 24 CA 152, 155. Cited. 25 CA 155, 158. Cited. 27 CA 621, 623, 624, 626, 627.

      Must be determined solely upon its own issues and without regard to the questions raised by an appeal from the judgment. 20 CS 469. Imposition of sentence is final judgment in criminal cases and stay of execution does not affect time limit for bringing appeal. 36 CS 53-55. Cited. Id. Cited. 37 CS 891, 895. Cited. 38 CS 534, 535.

      Motion for new trial not equivalent to petition for new trial. 3 Conn. Cir. Ct. 388.