When a finding of facts made and returned to any court by an auditor or a committee, in the judgment of the court or of the Supreme Court, is incomplete or insufficient, the court may thereupon, unless objection is made by all the parties to the action, recommit the cause of action and the report to the same auditor or committee to complete and perfect the report and to return it to the court for acceptance.
(1949 Rev., S. 8174; P.A. 82-160, S. 165.)
History: P.A. 82-160 made minor changes in wording.
Where material facts not found, motion to recommit is proper; 87 C. 70; but should not ordinarily be recommitted to find facts necessary to present rulings of committee; 85 C. 237; and, if all facts found, court may correct account without recommitting. 86 C. 199; 87 C. 241. Where report omits facts necessary to present claims of law, proper course is to remonstrate and ask recommittal; 91 C. 198; so, where facts involved in rulings on evidence are omitted. 92 C. 193; 95 C. 337; Id., 538.
Structure Connecticut General Statutes
Chapter 910 - Committees, Auditors and Referees
Section 52-425. - Appointment of a committee in civil actions.
Section 52-426. - Compensation of committee and stenographer.
Section 52-427. - Auditors or committee may be appointed when court not in session.
Section 52-428. - Auditors in actions involving matters of accounting.
Section 52-429. - Powers of auditors and committees over witnesses.
Section 52-430. - Filling of auditor or committee vacancies when court not in session.
Section 52-431. - Recommittal of incomplete report.
Section 52-432. - Judge not to be auditor or committee.
Section 52-433. - Auditor or committee appointed judge may finish case.
Section 52-434. - State referees.
Section 52-434a. - Powers of referees.
Section 52-434b. - Referrals to senior judges; their powers and compensation.
Section 52-434d. - Special education administrative contested cases pilot program.