Sec. 52-197. Motion for disclosure. Rules.
Sec. 52-197. Motion for disclosure. Rules. (a) In any civil action, the court, upon
motion of either party, may order disclosure of facts or disclosure, production and inspection of papers, books or documents by any party thereto, material to the moving party's
cause of action or defense, and within the knowledge, possession or power of the adverse
party.
(b) The judges of the Supreme Court shall make rules to carry out the provisions
of this section.
(1949 Rev., S. 7949; 1957, P.A. 651, S. 30; P.A. 82-160, S. 97.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Discovery to be responsive to the motion. 20 C. 486. Cited. 59 C. 243; Id., 508. Applies only where the matter lies
within the exclusive knowledge or possession of the adverse party. 61 C. 594; 90 C. 261. Statute simply designed to enable
a court of law to exercise clearly defined powers of a court of equity. 61 C. 596. Cited. 63 C. 569. Form of motion. 77 C.
387. Right of court to compel production of documents on trial. 79 C. 121. Errors in action on demurrer to motion waived
by replacing it with another. 90 C. 270. Denial of motion addressed to defense that would be unavailing is harmless. 91
C. 554. Where demurrer to complaint is sustained and plaintiff does not plead over, motion does not lie. 95 C. 301. Cited.
125 C. 9. Does not abrogate independent action for discovery in equity. 126 C. 386. A trial tests the court's ruling on a
motion for disclosure for it then appears whether the mover was hampered in the preparation and presentation of his case
by the denial of his motion. 147 C. 321. Party cannot assert lack of notice to produce or want of a subpoena duces tecum
if, by his own testimony, either would have been futile. Id., 496. An answer to an interrogatory is not, without more, a
judicial admission in the same sense as admissions in the pleadings or in open court. 148 C. 202. Relation to constitutional
separation of powers. History (dissent). 166 C. 501. Cited. 212 C. 661. Cited. 229 C. 716. Cited. 230 C. 1.
Cited. 4 CA 339. Cited. 14 CA 267.
Motion to inspect a trolley car is not within the statute. 5 CS 161. Cited. Id., 291. An independent equitable action for
discovery may be maintained notwithstanding this section. 7 CS 76. Cited. 8 CS 137; Id., 246. Cited. 9 CS 44. The facts
desired by the defendant to be disclosed by the plaintiff must be material to the defendant's cause. 16 CS 54. Disclosure
may be ordered as to any matter concerned solely with damages as well as to issues of liability. 17 CS 40. Cited. 19 CS
147. Disclosure of written statements of witnesses and defendants refused. 21 CS 165. Disclosure of whether there is
liability insurance, and the amount and terms thereof, held not within the rules of disclosure. Id., 168, but see section 52-200a. Connecticut's disclosure rules are not as broad as the federal rules. Id., 170. Court refused request for pretrial
disclosure of confidential corporate information required to establish damages before the right to obtain damages of any
kind had been proved. Id. In a criminal case the accused cannot compel the prosecution to produce documents which he
himself has made. Furthermore, facts sought to be disclosed must be shown to be exclusively within the knowledge of the
state. 23 CS 41. Plaintiff alleging loss of earnings not required to produce copies of income tax returns. 25 CS 147. Cited.
26 CS 338. Cited. 28 CS 53. Discovery not available in appeal from administrative agency, when. 30 CS 299. Cited. 31
CS 129. Motion not allowed where an overwhelming volume of inquiry was proposed and the information was obtainable
from other defendants. Id., 335. Discovery is available in summary process proceeding. 36 CS 47.