Connecticut § 52-582 - Petition for new trial.

§ 52-582. Petition for new trial.

Sec. 52-582. Petition for new trial. (a) No petition for a new trial in any civil or criminal proceeding shall be brought but within three years next after the rendition of the judgment or decree complained of, except that a petition for a new trial in a criminal proceeding based on DNA (deoxyribonucleic acid) evidence or other newly discovered evidence, as described in subsection (b) of this section, that was not discoverable or available at the time of the original trial or at the time of any previous petition under this section, may be brought at any time after the discovery or availability of such new evidence, and the court may grant the petition if the court finds that had such evidence been presented at trial, there is a reasonable likelihood there would have been a different outcome at the trial.

(b) (1) Such newly discovered evidence in support of a petition for a new trial may include newly discovered forensic scientific evidence that was not discoverable or available at the time of the original trial or original or previous petition for a new trial, as determined by the court under subdivision (2) of this subsection, including that which might undermine any forensic scientific evidence presented at the original trial.

(2) The court shall consider whether relevant forensic scientific evidence was not discoverable or available at the time of the original trial based upon a consideration of whether the relevant scientific evidence has changed since the applicable trial date or dates, or date of entry of a plea of guilty or nolo contendere, or the date of the most recent petition under this section.

(c) No provision of this section shall be construed to create a civil or criminal liability for an expert witness who repudiates the forensic scientific evidence such witness provided at a previous hearing or trial or included in a previous petition or who offered such evidence that has since been undermined by later scientific research or technological advancements.

(d) For purposes of this section, “forensic” means the application of scientific or technical practices to the recognition, collection, analysis and interpretation of evidence for criminal and civil law or regulatory issues, “forensic scientific evidence” includes scientific knowledge or technical knowledge, reports or testimony by forensic analysts or experts, and scientific standards or a scientific method or technique upon which the relevant scientific evidence is based, and “scientific knowledge” includes knowledge of the general scientific community and all fields of scientific knowledge upon which those fields or disciplines rely.

(1949 Rev., S. 8322; P.A. 00-80, S. 2, 3; P.A. 18-61, S. 1.)

History: P.A. 00-80 added exception authorizing a petition based on DNA evidence not discoverable or available at time of original trial to be brought at any time after the discovery or availability of the new evidence, effective May 16, 2000, and applicable to any offense committed prior to, on or after that date; P.A. 18-61 designated existing provisions re petition for new trial as Subsec. (a) and amended same by adding provisions re exceptions allowing petition for new trial to be brought, added Subsec. (b) re newly discovered evidence in support of petition for new trial, added Subsec. (c) re civil or criminal liability, and added Subsec. (d) defining “forensic”, “forensic scientific evidence” and “scientific knowledge”.

The “rendition” is the time when judgment was actually entered. 1 R. 54. Complaint for equitable relief from judgment obtained without notice should be seasonably brought. 46 C. 605. Petition for new trial may be brought under this section despite Sec. 52-212, though judgment was by default. 93 C. 160; 97 C. 123. Cited. 138 C. 573; 140 C. 464. Effect of 3-year limitation not decided. 142 C. 20. “Rendition of judgment” is judgment at the trial court where it is sustained on appeal. 181 C. 58. Cited. 214 C. 464; 229 C. 397; 230 C. 427.

Cited. 3 CA 322; 24 CA 152; 25 CA 155; 27 CA 621. Statute of limitations was not tolled by respondent's alleged fraudulent concealment of evidence because petitioner failed to present evidence that respondent had fraudulently concealed evidence. 111 CA 656. Section's mandatory language and lack of a good cause exception indicate the legislature intended the three year limitations period set forth in the section to be a jurisdictional bar; petitioner's failure to comply with the time limitation deprived the trial court of subject matter jurisdiction to consider the petition for a new trial or to apply any equitable tolling doctrine to extend the limitations period. 172 CA 352. Legislature intended for newly discovered evidence under this section to include only newly discovered forensic evidence. 215 CA 592. Three year limitation period prescribed in section may be tolled by a showing of fraudulent concealment pursuant to Sec. 52-595. 216 CA 126.

Must be determined solely upon its own issues and without regard to questions raised by appeal from judgment. 20 CS 469. Imposition of sentence is final judgment in criminal cases and stay of execution does not affect time limit for bringing appeal. 36 CS 53. Cited. 37 CS 891; 38 CS 534.

Motion for new trial not equivalent to petition for new trial. 3 Conn. Cir. Ct. 388.