1 | 1 | | General Assembly Raised Bill No. 6585 |
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2 | 2 | | January Session, 2013 LCO No. 4072 |
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3 | 3 | | *04072_______JUD* |
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4 | 4 | | Referred to Committee on JUDICIARY |
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5 | 5 | | Introduced by: |
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6 | 6 | | (JUD) |
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7 | 7 | | |
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8 | 8 | | General Assembly |
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9 | 9 | | |
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10 | 10 | | Raised Bill No. 6585 |
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11 | 11 | | |
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12 | 12 | | January Session, 2013 |
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13 | 13 | | |
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14 | 14 | | LCO No. 4072 |
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15 | 15 | | |
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16 | 16 | | *04072_______JUD* |
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17 | 17 | | |
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18 | 18 | | Referred to Committee on JUDICIARY |
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19 | 19 | | |
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20 | 20 | | Introduced by: |
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21 | 21 | | |
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22 | 22 | | (JUD) |
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23 | 23 | | |
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24 | 24 | | AN ACT CONCERNING EVIDENCE AND COSTS. |
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25 | 25 | | |
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26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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27 | 27 | | |
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28 | 28 | | Section 1. Section 52-178a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): |
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29 | 29 | | |
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30 | 30 | | In any action to recover damages for personal injuries, [the court or judge may order the plaintiff to submit to a physical examination by one or more physicians or surgeons. No party may be compelled to undergo a physical examination by any physician to whom he objects in writing submitted to the court or judge] any party adverse to the plaintiff may request that the plaintiff submit to a physical or mental examination by one or more health care providers within a thirty mile radius of the plaintiff's residence. The request shall be filed with the court and shall specify the time, place, manner, conditions and scope of the examination and the persons by whom the examination is to be made. The plaintiff may object to such examination for good cause. |
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31 | 31 | | |
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32 | 32 | | Sec. 2. Subsection (b) of section 52-257 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013): |
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33 | 33 | | |
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34 | 34 | | (b) Parties shall also receive: (1) For each witness attending court, the witness' legal fee and mileage; (2) for each deposition taken out of the state, forty dollars, and for each deposition within the state, thirty dollars; (3) on an application for the sale of property attached, the expenses incurred; (4) in any civil action affecting the title to real property situated in this state, or affecting any mortgage or lien thereon, the actual expense, not exceeding the sum of two hundred twenty-five dollars, of an examination of the land records concerning the title to the real property in question and such amount as the court or judge determines to be reasonable for the services of an expert on the value of the land when such value is in dispute; (5) for maps, plans, mechanical drawings and photographs, necessary or convenient in the trial of any action, a reasonable sum; (6) for copies of records used in evidence, bonds, recognizances and subpoenas, court and clerk's fees; (7) for the signing and service of process, the legal fees payable therefor, except that a fee shall not be allowed for the return of a subpoena to court; (8) the actual expense incurred in publishing orders of notice under direction of the court; (9) for each interpreter necessarily employed in the trial of any civil action, twenty dollars per diem; (10) for premiums upon all bonds or undertakings provided pursuant to statute, rule of court, order of court or stipulation of parties, including bonds in lieu of or in release or dissolution of attachment, the actual amount paid, not exceeding a reasonable amount; (11) documented investigative costs and expenses, not exceeding the sum of two hundred dollars; and (12) for the recording, videotaping, transcribing and presentation of the deposition of a practitioner of the healing arts, as defined in section 20-1, dentist, registered nurse, advanced practice registered nurse or licensed practical nurse, as defined in section 20-87a, or real estate appraiser [that is used] when such deposition is presented during the course of the court proceeding in lieu of live testimony in the civil action, the reasonable expenses incurred. |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | This act shall take effect as follows and shall amend the following sections: |
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40 | 40 | | Section 1 October 1, 2013 52-178a |
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41 | 41 | | Sec. 2 July 1, 2013 52-257(b) |
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42 | 42 | | |
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43 | 43 | | This act shall take effect as follows and shall amend the following sections: |
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44 | 44 | | |
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45 | 45 | | Section 1 |
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46 | 46 | | |
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47 | 47 | | October 1, 2013 |
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48 | 48 | | |
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49 | 49 | | 52-178a |
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50 | 50 | | |
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51 | 51 | | Sec. 2 |
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52 | 52 | | |
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53 | 53 | | July 1, 2013 |
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54 | 54 | | |
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55 | 55 | | 52-257(b) |
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56 | 56 | | |
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57 | 57 | | Statement of Purpose: |
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58 | 58 | | |
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59 | 59 | | To (1) require a plaintiff to comply with a request for an independent medical examination in a personal injury action, except upon a showing of good cause by the plaintiff, and (2) clarify what is a recoverable cost for the recording, videotaping, transcribing and presentation of the deposition of certain health care providers. |
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60 | 60 | | |
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61 | 61 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |
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