Connecticut § 52-259c - Fee to open, set aside, modify, extend or reargue judgment.

§ 52-259c. Fee to open, set aside, modify, extend or reargue judgment.

Sec. 52-259c. Fee to open, set aside, modify, extend or reargue judgment. (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.