192 Conn. 601 | Conn. | 1984
This case concerns the requirement of
General Statutes § 51-183b that the judgment of a trial court in a civil nonjury case shall be rendered “not later than one hundred and twenty days from the completion date of the trial.”
The procedural history of this litigation is undisputed. The plaintiff, Stanley Frank, brought an action against the named defendant, Ann P. Streeter, and others
The plaintiff filed a timely motion to set aside the judgment, claiming that the judgment should have been
The plaintiff argues here, as he did in the trial court, that his trial ended with the conclusion of testimony on January 14, 1982. If this is an accurate construction of “the completion date of the trial” under § 51-183b, then the decision rendered by Bernstein, J., was one week too late. A delay in decision beyond that authorized by the statute makes the decision voidable and, absent waiver, requires a new trial. Creative Eye, Inc. v. Raum, 168 Conn. 560, 561-62, 362 A.2d 845 (1975); Bogaert v. Zoning Board of Appeals, 162 Conn. 532, 536-38, 294 A.2d 573 (1972); Borden v. Westport, 112 Conn. 152, 154, 151 A. 512 (1930).
The difficulty with the plaintiffs position is that all of the cases upon which he relies were interpretations of a prior statute,
In determining that “the completion date” includes the filing of briefs, the trial court held that briefing of the legal issues was a component of the judicial gathering of the materials necessary to a well-reasoned decision. In related contexts, “completion” has been held to encompass the availability of all the elements directly or indirectly to be considered in the rendering of a decision. See Bankamerica Corporation v. Board of Governors, 596 F.2d 1368, 1378 (9th Cir. 1979); Lloyd v. Illinois Regional Transportation Authority, 548 F. Sup. 575, 590 (N.D. Ill. 1982). We agree that the trial in this case was not complete until February 2,1982, and that the decision rendered was therefore timely.
We recognize that our construction of the requirement of § 51-183b makes the time period for rendering a decision more open-ended than it was previously. The legislature may well have intended to allow such flexibility as a tradeoff for reduction of the allowed period from eight to four months.
Such a legislative judgment is entirely consistent with the emergent law of judicial administration in this state and elsewhere. Although there is general agreement that courts, in accordance with the principles of case-
There is no error.
In this opinion the other judges concurred.
“[General Statutes] See. 51-183b. (Formerly Sec. 51-29). judgments in civil ACTIONS, time limit. Any judge of the superior court, who has commenced the trial of any civil cause, shall have power to continue such trial and shall render judgment not later than one hundred and twenty days from the completion date of the trial of such civil cause. The parties may waive the provisions of this section.”
The defendants other than Ann P. Streeter were Francis G. Reynolds, Nan Glass and the town of West Hartford.
The motion was heard by Dupont, J., with the consent of all parties, because Bernstein, J., had elected to take the status of senior judge, and was not then hearing cases.
The plaintiffs appeal originally encompassed issues other than the denial of his motion to set aside the judgment. At oral argument, however, he withdrew those other issues from the consideration of this court.
Former General Statutes § 51-29 provided, until 1977: “Sec. 51-29. continuance OP TRIAL BEYOND TERM OP SESSION. RENDERING OF JUDGMENT in NEXT term. Any judge of the superior court or the court of common pleas, who has commenced the trial of any civil cause, shall have power to continue such trial and render judgment after the expiration of the term or session of the court at which such trial was commenced; but such trial shall be ended and judgment rendered therein before the close of the next term or session.”
Thereafter, the statute became General Statutes § 51-183b: “Sec. 51-183b. (Formerly Sec. 51-29). judgment within eight months of commencement OF trial. Any judge of the superior court, who has commenced the trial of any civil cause, shall have power to continue such trial and render judgment not later than eight months from the commencement of the trial of such civil cause. The parties may waive the provisions of this section.”
The legislative history of the 1981 amendment reflects emphasis on the shorter time period rather than on the later triggering point. See 24 S. Proc., Pt. 3, 1981 Sess., p. 730. In testimony before the Judiciary Committee, Judge Maurice J. Sponzo noted the administrative difficulty of requiring a decision within eight months of the commencement of a trial whose length it might be difficult to determine in advance. Judiciary Committee Proc., Pt. 3, 1981 Sess., p. 736.