Sec. 45a-186c. Appeal from probate court: Costs; waiver; tolling of appeal period.
Sec. 45a-186c. Appeal from probate court: Costs; waiver; tolling of appeal
period. (a) In an appeal taken under section 45a-186, costs may be taxed in favor of the
prevailing party in the same manner, and to the same extent, that such costs are allowed
in judgments rendered by the Superior Court.
(b) If the appellant claims that such appellant cannot pay the costs of an appeal
taken under section 45a-186, the appellant shall, within the time permitted for filing the
appeal, file with the clerk of the court to which the appeal is to be taken an application
for waiver of payment of such costs, including the requirement of bond, if any. The
application for waiver of such costs shall conform to the requirements prescribed by
rule of the judges of the Superior Court. After such hearing as the court determines is
necessary, the court shall render judgment on the application for waiver of such costs,
which judgment shall contain a statement of the facts found by the court and the court's
conclusions based on the facts found. The filing of the application for the waiver of such
costs shall toll the time limits for the filing of an appeal until such time as a judgment
on such application is rendered. A fiduciary acting on an order of the court made after
expiration of the period of appeal shall not be liable for actions made in good faith unless
such fiduciary has actual notice of the tolling of the appeal period.
(P.A. 07-116, S. 5.)