Bill Text: CT SB00138 | 2010 | General Assembly | Comm Sub

Connecticut Senate Bill 138 (Prior Session Legislation)

Bill Title: An Act Concerning Motions For Summary Judgment In Juvenile Court Matters.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2010-04-08 - Referred by Senate to Committee on Judiciary [SB00138 Detail]

Download: Connecticut-2010-SB00138-Comm_Sub.html

General Assembly		*Substitute Bill No. 138*
*February Session, 2010*		_____SB00138HS____022510____

AN ACT CONCERNING MOTIONS FOR SUMMARY JUDGMENT IN JUVENILE COURT MATTERS.

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

Section 1. (NEW) (Effective October 1, 2010) (a) For purposes of this section "juvenile matters" means all proceedings concerning uncared-for, neglected or dependent children and youths within this state, termination of parental rights of children committed to a state agency, matters concerning families with service needs, contested matters involving termination of parental rights or removal of guardian transferred from the Probate Court and the emancipation of minors, but does not include matters of guardianship and adoption or matters affecting property rights of any child or youth over which the Probate Court has jurisdiction, except that appeals from probate concerning adoption, termination of parental rights and removal of a parent as guardian shall be included.

(b) In the superior court for juvenile matters, the respondent party may file a motion for summary judgment at any time, except the respondent party filing the motion must obtain the court's permission to file a motion after the case has been assigned for a trial on the merits. On the same day that the respondent party files a motion for summary judgment, the respondent party shall serve a copy of such motion on all parties or, if represented by an attorney, on the party's attorney.

(c) The motion may be supported by any appropriate documents, including, but not limited to, affidavits, certified transcripts of testimony under oath, disclosures and written admissions.

(d) A party opposing a motion for summary judgment may file an opposing memorandum and supporting documents not later than fifteen days after receiving a copy of the motion pursuant to subsection (b) of this section, unless the court grants the opposing party an extension of time for filing the opposing memorandum in opposition to the motion for summary judgment.

(e) The court shall hold a hearing on the motion for summary judgment and opposing memorandum, if any, at which time any party shall be permitted to testify and present evidence.

(f) The court shall grant the motion for summary judgment and render judgment in favor of the moving party if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In deciding a motion for summary judgment, the court shall view the evidence in the light most favorable to the nonmoving party.

(g) (1) Affidavits offered in support or opposition to a motion for summary judgment shall be made on personal knowledge, set forth facts that are admissible in evidence and show that the affiant is competent to testify to the matters stated in the affidavit.

(2) If the court finds that a party opposing a motion for summary judgment cannot, for reasons stated, present facts essential to justify opposition, the court may deny the motion for judgment or order a continuance of the matter to permit the respondent party opposing a motion for summary judgment to obtain affidavits or other information.

(3) If the court finds that any affidavit in support or opposition to a motion for summary judgment is made in bad faith or solely for the purpose of delay, the court shall order the offending party to pay to the other party the reasonable expenses which the filing of the affidavit caused that party to incur, including attorney's fees. Any offending party or attorney may be adjudged guilty of contempt and any offending attorney may also be disciplined by the judicial authority.