Sec. 51-239b. (Formerly Sec. 51-164d). Waiver of jury in civil actions. - Connecticut Statutes

      Sec. 51-239b. (Formerly Sec. 51-164d). Waiver of jury in civil actions. In civil actions a jury shall be deemed waived unless requested by either party in accordance with the provisions of section 52-215.

      (1959, P.A. 28, S. 32; 1963, P.A. 418; 1971, P.A. 40, S. 4; 652, S. 1; P.A. 74-183, S. 67, 291; P.A. 75-577, S. 3, 126; P.A. 76-436, S. 81, 681; P.A. 80-313, S. 54.)

      History: 1963 act specified that there is no right to jury trial in summary process case where no money damages are claimed; 1971 acts revised provision re trial by six-person jury in circuit court to specify applicability to "criminal" trials and to delete clause which allowed a party to the action to claim a full jury of twelve; P.A. 74-183 replaced circuit court with court of common pleas, reflecting transfer of circuit court functions to common pleas court, and removed from prohibition against right to jury trial civil actions where amount, legal interest or property in demand does not exceed $250 and summary process cases where no money damages are claimed, effective December 31, 1974; P.A. 75-577 revised prohibition re right to trial by jury to change maximum penalty from fine of $50 to fine of $99; Sec. 51-266 transferred to Sec. 51-164d in 1975; P.A. 76-436 amended provision re trial by jury of six to delete reference to trial by court of common pleas, all trial jurisdiction having been transferred to superior court and to add exception, effective July 1, 1978; Sec. 51-164d transferred to Sec. 51-239b in the 1977 Court Reorganization Supplement; P.A. 80-313 deleted detailed provisions governing right to trial by jury where fine would exceed $99 or imprisonment would exceed 30 days or where party to criminal action demands trial by jury of issues so triable by right and provisions re judge's duty to notify defendant of right to jury, re waiver of right and re six-person juries.

      See Sec. 54-53a.

      See Sec. 54-82 re accused's election of trial by court or jury.

      See Sec. 54-82b re right to trial by jury.

      Annotations to former sections 51-164d and 51-266:

      Under former statute accused was not entitled to a jury trial before justice of the peace. 12 C. 454. Sec. 51-266 cited. 222 C. 591.

      Accused in any criminal case, proceeding or prosecution may elect, when called upon to plead, to be tried by court instead of by jury. 33 CS 739.

      Language of statute unequivocal, criteria based on 1808 statute essentially unchanged and constitutional rights not violated. 4 Conn. Cir. Ct. 494. Jury trial not mandatory when accused presented on information for violation of section 53-300. Id. Cited. 6 Conn. Cir. Ct. 452; 527. Statute is constitutional denial of trial by jury. Id., 558.

      Annotations to present section:

      Cited. 40 CA 261.

      Cited. 36 CS 551; Id., 578. Cited. 37 CS 693.