Bill Text: CT SB00483 | 2010 | General Assembly | Introduced

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Bill Title: An Act Concerning The Posting Of A Bond By The State In Prejudgment Remedy Applications And Appeals.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2010-03-19 - Public Hearing 03/24 [SB00483 Detail]

Download: Connecticut-2010-SB00483-Introduced.html

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General Assembly		Raised Bill No. 483
February Session, 2010		LCO No. 2508
		*02508_______JUD*
Referred to Committee on Judiciary
Introduced by:
(JUD)

AN ACT CONCERNING THE POSTING OF A BOND BY THE STATE IN PREJUDGMENT REMEDY APPLICATIONS AND APPEALS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (d) of section 52-278d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(d) At any hearing on an application for a prejudgment remedy held pursuant to this section or upon motion of the defendant at any time after the granting of such application, the defendant may request that the plaintiff post a bond, with surety, in an amount determined by the court to be sufficient to reasonably protect the defendant's interest in the property that is subject to the prejudgment remedy against damages that may be caused by the prejudgment remedy. If the court grants the defendant's request, the bond shall provide that if judgment in the matter is rendered for the defendant or if the prejudgment remedy is dismissed or dissolved, the plaintiff will pay to the defendant damages directly caused by the prejudgment remedy. The posting of a bond by the plaintiff shall not be required under this subsection if the plaintiff is the state or any public officer thereof with respect to any matter of a public nature.

Sec. 2. Subsection (d) of section 52-278e of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(d) A defendant may move to dissolve or modify a prejudgment remedy allowed pursuant to this section by any proper motion or by return to the Superior Court of a signed claim form that indicates, by the checking of a box on the claim form, whether the claim is an assertion of a defense, counterclaim, set-off or exemption, an assertion that any judgment that may be rendered is adequately secured by insurance, an assertion that the amount of the prejudgment remedy is unreasonably high, a request that the plaintiff be required to post a bond to secure the defendant against any damages that may result from the prejudgment remedy, or a request that the defendant be allowed to substitute a bond for the prejudgment remedy. The posting of a bond by the plaintiff shall not be required under this subsection if the plaintiff is the state or any public officer thereof with respect to any matter of a public nature.

Sec. 3. Subsection (c) of section 52-278l of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):

(c) No such order shall be stayed by the taking of an appeal except upon the order of the judge who made such order, and any such stay shall be granted only if the party taking the appeal posts a bond, with surety, in a sum determined by such judge to be sufficient to indemnify the adverse party for any damages which may accrue as a result of such stay. The posting of a bond by the party taking the appeal shall not be required under this subsection if the party taking the appeal is the state or any public officer thereof with respect to any matter of a public nature.

This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2010	52-278d(d)
Sec. 2	July 1, 2010	52-278e(d)
Sec. 3	July 1, 2010	52-278l(c)

Statement of Purpose:

To provide that the state or any public officer shall not be required to post a bond when applying for a prejudgment remedy or appealing from a court order concerning a prejudgment remedy.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]