Sec. 45a-98a. Jurisdiction of Probate Court to determine title or rights or to construe instruments. Limitations. Affidavit of intent to claim jury trial, effect on Probate Court proceedings.
Sec. 45a-98a. Jurisdiction of Probate Court to determine title or rights or to
construe instruments. Limitations. Affidavit of intent to claim jury trial, effect
on Probate Court proceedings. (a) The Probate Court shall have jurisdiction under
subdivision (3), (4) or (5) of subsection (a) of section 45a-98 only if (1) the matter in
dispute is not pending in another court of competent jurisdiction and (2) the Probate
Court does not decline jurisdiction. Before the initial hearing on the merits of a matter
in dispute in which jurisdiction is based on subdivision (3), (4) or (5) of subsection (a)
of section 45a-98, the Probate Court may, on its own motion, decline to take jurisdiction
of the matter in dispute. Before the initial hearing on the merits of such a matter, any
interested person may file an affidavit that such person is entitled and intends under
section 52-215 to claim a trial of the matter by jury. In that case, the Probate Court shall
allow the person filing the affidavit a period of sixty days within which to bring an
appropriate civil action in the Superior Court to resolve the matter in dispute. If such
an action is brought in the Superior Court, the matter, after determination by the Superior
Court, shall be returned to the Probate Court for completion of the Probate Court proceedings.
(b) If a party fails to file an affidavit of intent to claim a jury trial prior to the initial
hearing in the Probate Court on the merits, or having filed such an affidavit, fails to
bring an action in the Superior Court within the sixty-day period allowed by the Probate
Court, the party shall be deemed to have consented to a hearing on the matter in the
Probate Court and to have waived any right under section 52-215 or other applicable
law to a trial by jury.
(P.A. 93-279, S. 7; P.A. 98-219, S. 5.)
History: P.A. 98-219 amended Subsec. (a) by adding references to Sec. 45a-98(a)(5).
Subsec. (a):
Cited. 44 CS 592.