(a) There shall be paid to the clerk of the Superior Court upon the filing of any motion to open, set aside, modify or extend any civil judgment rendered in Superior Court a fee of seventy-five dollars for any housing matter, a fee of seventy-five dollars for any small claims matter, a fee of one hundred eighty dollars for any post-judgment motion to modify any judgment in a family relations matter, as defined in section 46b-1, and a fee of one hundred thirty dollars for any other matter, except no fee shall be paid upon the filing of any motion to open, set aside, modify or extend judgments in juvenile matters or orders issued pursuant to section 46b-15 or 46b-16a or upon the filing of any motion pursuant to subsection (b) of section 46b-63. Such fee may be waived by the court.
(b) Upon the filing of a motion to open or reargue a judgment in any civil appeal rendered by the Supreme Court or Appellate Court or to reconsider any other civil matter decided in either court, the party filing the motion shall pay a fee of one hundred thirty dollars.
(Nov. Sp. Sess. P.A. 81-4, S. 27, 32; P.A. 82-325, S. 1, 3, 7; P.A. 83-577, S. 4; P.A. 89-219, S. 5, 10; May Sp. Sess. P.A. 92-6, S. 78, 117; P.A. 93-178; 93-396, S. 8; P.A. 95-176, S. 5; May 9 Sp. Sess. P.A. 02-1, S. 105; P.A. 03-2, S. 45; 03-130, S. 5; P.A. 09-152, S. 3; June Sp. Sess. P.A. 09-3, S. 136; P.A. 12-89, S. 3, 10; P.A. 14-217, S. 260; P.A. 15-85, S. 16; P.A. 16-26, S. 4.)
History: P.A. 82-325 rephrased the section, specified that the fee was payable upon the filing of the motion and that it applied to motions concerning “civil” judgments, made an exception for judgments in small claims and juvenile matters and provided that the section was applicable to fees payable on or after February 1, 1982; P.A. 83-577 raised fee from $15 to $25; P.A. 89-219 retained fee of $25 for any housing matter and increased fee from $25 to $50 for any other matter; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to increase fees and added new Subsecs. (b) and (c) concerning payment of fees upon the filing of motions for contempt and exceptions from those fees in child support cases; P.A. 93-178 deleted former Subsecs. (b) and (c) re the fee for filing a motion for contempt and an exception from the fee in child support cases; P.A. 93-396 would have made Subsec. (c) applicable to non-IV-D support cases, but failed to take effect since P.A. 93-178 took precedence; P.A. 95-176 amended Subsec. (a) by applying provisions to extensions of judgments and to specify that no fee will be charged re orders issued pursuant to Sec. 46b-15 and added Subsec. (b) re $60 fee for filing motion to open, reargue or reconsider judgment in appeal rendered by Supreme or Appellate Court; May 9 Sp. Sess. P.A. 02-1 raised filing fees for matters other than housing from $60 to $70, effective July 1, 2002; P.A. 03-2 amended Subsec. (a) to delete exemption from filing fee for a motion to open, set aside, modify or extend judgments in small claims matters and impose a fee of $25 upon the filing of such a motion, effective February 28, 2003; P.A. 03-130 amended Subsec. (a) by adding provision re filing of any motion pursuant to Sec. 46b-63(b); P.A. 09-152 amended Subsecs. (a) and (b) to substitute $125 for $70 re fees, effective July 1, 2009; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase fee for housing matters from $35 to $75, and to increase fee for small claims matters from $25 to $75, effective September 9, 2009; P.A. 12-89 amended Subsec. (a) to add $175 fee for post-judgment motion to modify any judgment in a family relations matter, effective July 1, 2012, and delete such $175 fee, effective July 1, 2015; P.A. 14-217 repealed P.A. 12-89, S. 10; P.A. 15-85 amended Subsec. (a) by adding reference to Sec. 46b-16a, effective June 24, 2015; P.A. 16-26 amended Subsec. (a) to increase filing fee for post-judgment motion to modify judgment in a family relations matter from $175 to $180 and to increase fee for certain other matters from $125 to $130, and amended Subsec. (b) to increase filing fee for motion to open or reargue judgment in civil appeal rendered by the Supreme or Appellate Court or to reconsider other civil matter from $125 to $130, effective July 1, 2016.
Cited. 196 C. 517; 223 C. 68; 224 C. 263.
Cited. 10 CA 669; 31 CA 260.
Structure Connecticut General Statutes
Chapter 901 - Damages, Costs and Fees
Section 52-236. - Actions on contract; evidence of damages since suit.
Section 52-237. - Damages in actions for libel.
Section 52-238. - Damages in actions on penal bonds.
Section 52-239. - When broadcasting stations, networks, CATV systems liable for defamation.
Section 52-240. - Effect of damages on costs.
Section 52-240a. - Award of attorney's fees in product liability action.
Section 52-240b. - Punitive damages in product liability actions.
Section 52-243. - Costs when plaintiff is partly successful.
Section 52-244. - When plaintiff not to recover costs.
Section 52-245. - False statement concerning defense. Costs.
Section 52-246. - Costs for service by indifferent person.
Section 52-247. - Officer's fees on foreign attachment when garnishee not cited in.
Section 52-248. - Costs when there are more civil actions than necessary.
Section 52-249. - Costs and attorney's fees in actions for foreclosure and substitution of bond.
Section 52-249a. - Costs and attorney's fee in action upon a bond substituted for a mechanic's lien.
Section 52-250. - Costs of application to dissolve injunction.
Section 52-251a. - Costs, attorney's fees on small claims matter transferred to regular docket.
Section 52-251b. - Costs and attorney's fees in action for deprivation of civil rights.
Section 52-252. - Costs for nonappearance of party giving notice of deposition.
Section 52-253. - Costs in suit against manufacturers for nuisance.
Section 52-254. - Costs in amicable suit.
Section 52-255. - Costs on motion to expunge.
Section 52-256a. (Formerly Sec. 46-27). - Award of attorney's and officer's fees in contempt action.
Section 52-256b. - Award of attorney's and officer's fees in contempt action.
Section 52-257. - Fees of parties in civil actions.
Section 52-257a. - Fees in Circuit Court.
Section 52-259. - *(See end of section for amended version and effective date.) Court fees.
Section 52-259a. - Exemptions from certain fee requirements.
Section 52-259b. - Waiver of fees and payment of the cost of service of process for indigent party.
Section 52-259c. - Fee to open, set aside, modify, extend or reargue judgment.
Section 52-259d. - Additional fee for civil causes.
Section 52-260. - Witness fees.
Section 52-262. - Fees for signing process, administering oaths, acknowledgments.