Sec. 47a-37. (Formerly Sec. 52-544). Application for stay of execution.

(a) Within a period of five days after a judgment has been rendered for a plaintiff under the provisions of section 47a-26, 47a-26a, 47a-26b or 47a-26d for any reason other than (1) nonpayment of rent, (2) nuisance committed or permitted by the defendant, (3) the use of or permitting the use of the premises for an immoral or illegal purpose, or (4) the ground set forth in subdivision (2) of subsection (a) of section 47a-23, any defendant against whom such judgment has been rendered may file an application in triplicate with the clerk of the superior court in which the judgment was rendered, requesting a stay of execution and setting forth the reasons therefor, except that in the case of a judgment rendered against a defendant for nonpayment of rent, if within five days of the date of such judgment the defendant deposits with the clerk of the court the full arrearage, the defendant may then apply for a stay of execution in accordance with this section. The clerk shall distribute such arrearage to the plaintiff in accordance with an order of the court.

(b) The court rendering the judgment shall inform each defendant in such case of his right to file an application for a stay of execution and, upon request, shall furnish him with the necessary form. Upon the filing of such an application, execution of the judgment rendered shall be further stayed until a decision is rendered on the application. The clerk of the court rendering the judgment shall forthwith hand or send one copy of the application to the adverse party or his attorney, shall note on the original and each copy the date of filing and the date and method of transmittal of the copy to the adverse party or his attorney, and shall file the original and one copy of the application with the complete court records, papers and exhibits in connection with such proceedings.

(1949 Rev., S. 8286; 1949, 1955, S. 3223d; 1959, P.A. 28, S. 133; 1961, P.A. 509, S. 5; February, 1965, P.A. 142; P.A. 74-183, S. 117, 291; P.A. 76-436, S. 507, 681; P.A. 79-571, S. 64; P.A. 96-74, S. 5.)

History: 1959 act deleted references to trial justices and added “circuit” to the word “court”; 1961 act eliminated forwarding of application to common pleas court; 1965 act specified applicability re judgments “as described in section 52-543”; P.A. 74-183 replaced circuit court with court of common pleas, effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 52-544 transferred to Sec. 47a-37 in 1977 and reference to Sec. 52-543 revised to reflect its transfer; P.A. 79-571 rephrased provisions but made no substantive changes; P.A. 96-74 divided section into Subsecs. and amended Subsec. (a) to replace requirement that an application for a stay of execution be filed within 20 days after a judgment as described in Sec. 47a-36 with requirement that such application be filed within 5 days after judgment has been rendered for a plaintiff under the provisions of Sec. 47a-26, 47a-26a, 47a-26b or 47a-26d for any reason other than nonpayment of rent, nuisance committed or permitted by the defendant, the use of or permitting the use of the premises for an immoral or illegal purpose or the ground set forth in Sec. 47a-23(a)(2), and to add provisions, formerly part of Sec. 47a-35, authorizing a defendant in a nonpayment of rent case to apply for a stay of execution if he deposits the full rent arrearage with the clerk of the court and requiring the clerk to distribute such arrearage.

Notation

Annotations to former section 52-544:

After statutory periods for stay of judgment in summary process action have expired, judge may not entertain motion to stay execution nor may clerk refuse to issue execution. 20 CS 300.

Cited. 3 Conn. Cir. Ct. 561.

Annotations to present section:

Cited. 36 CS 623; 38 CS 70.