2012 Connecticut General Statutes
Title 52 - Civil Actions
Chapter 900 - Court Practice and Procedure
Section 52-197 - Motion for disclosure. Rules.

(a) In any civil action, the court, upon motion of either party, may order disclosure of facts or disclosure, production and inspection of papers, books or documents by any party thereto, material to the moving party’s cause of action or defense, and within the knowledge, possession or power of the adverse party.

(b) The judges of the Supreme Court shall make rules to carry out the provisions of this section.

(1949 Rev., S. 7949; 1957, P.A. 651, S. 30; P.A. 82-160, S. 97.)

History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

Cited. 4 CA 339. Cited. 14 CA 267.

Motion to inspect a trolley car is not within the statute. 5 CS 161. Cited. Id., 291. An independent equitable action for discovery may be maintained notwithstanding this section. 7 CS 76. Cited. 8 CS 137; Id., 246. Cited. 9 CS 44. The facts desired by the defendant to be disclosed by the plaintiff must be material to the defendant’s cause. 16 CS 54. Disclosure may be ordered as to any matter concerned solely with damages as well as to issues of liability. 17 CS 40. Cited. 19 CS 147. Disclosure of written statements of witnesses and defendants refused. 21 CS 165. Disclosure of whether there is liability insurance, and the amount and terms thereof, held not within the rules of disclosure. Id., 168, but see section 52-200a. Connecticut’s disclosure rules are not as broad as the federal rules. Id., 170. Court refused request for pretrial disclosure of confidential corporate information required to establish damages before the right to obtain damages of any kind had been proved. Id. In a criminal case the accused cannot compel the prosecution to produce documents which he himself has made. Furthermore, facts sought to be disclosed must be shown to be exclusively within the knowledge of the state. 23 CS 41. Plaintiff alleging loss of earnings not required to produce copies of income tax returns. 25 CS 147. Cited. 26 CS 338. Cited. 28 CS 53. Discovery not available in appeal from administrative agency, when. 30 CS 299. Cited. 31 CS 129. Motion not allowed where an overwhelming volume of inquiry was proposed and the information was obtainable from other defendants. Id., 335. Discovery is available in summary process proceeding. 36 CS 47.