Letter from Court to Counsel RE: Notifications from Judge Hammer

    State of Connecticut aI 

OFFICE FOR APPEALS 

231 Capitol Avenue 

Francis J. Drumm, Jr. Drawer Z, Station A Supreme Court 

Chief Clerk Hartford, Connecticut 06106 Appellate Court 

June 2, 1995 

Re: SC 15255 Milo Sheff et al. v. William A. O'Neill et al. 
  

Dear Counsel: 

Judge Hammer has requested that I notify you of the following: 

1. The provisions of Sections 612C, 613, 614, and 615 of the 
1975 Supplement to the 1963 Practice Book will apply to 
the filing of the revised requests for findings to the 
extent that those sections are consistent with the order 
of the Supreme Court of May 11, 1995, and with time 
limits for filings stated therein. 

In lieu of those provisions of Section 615 which are not 
applicable, counsel will confer on or before Monday, June 
5, 1995, for the purpose of reviewing the proposed 
revised draft finding of the plaintiffs to determine 
those relevant and material facts of the draft finding 
which are not contested by the defendants or are not 
claimed by them to be incorrectly stated. 

Counsel will file, on or before 10:00 a.m. on Tuesday, 
June 6, 1995, revised findings which will be in 
compliance with the applicable provisions of Sections 
612C, 613, 614, and 615 to the extent that the provisions 
of those sections are consistent with the Supreme Court’s 
order of May 11, 1995, and the: time - limitations 
stated therein. 

Thank you. 

Very truly yours, 

A : { / / 3 x 

EE ed / 7 Se : / 

V4 3 Fe loys 

Michéle T. Angers , 
Deputy Chief Clerk  



Sec. 9 CONNECTICUT PRACTICE BOOK » 
  

Sec. 612B (Formerly Sec. 609). When Finding Necessary 

If error appears on the face of the record no finding is necessary. 
If the error claimed is in rulings upon the admission or rejection of 

evidence or other rulings in the course of the trial, or in conclusions of 
law or fact that do not appear upon the face of the record, a finding by 
the trial court is necessary. (P.B. 1951, Sec. 385.) (Amended May 14, 
1975, to take effect Sept. 15, 1975.1) 

Sec. 612C (Formerly Sec. 649). Findings of Fact and Requests for 
Findings 

Findings of fact and requests for findings made with a view to an 
appeal shall, except where questions as to the admission of  vaTenie are 
involved, avoid the recital of evidence and all evidential matters, and be 
confined to a statement Of Those OPETALIvC Or ultimate Facts which may 
be Tiecessary for a clear understanding of the questions of law desired by 
counsel to be reviewed. (P.B. 1951, Sec. 406.) 

whe. RE AS a ne 
Sec. 613. Request for Finding; Draft Finding 

In cases tried to the court, where a finding is necessary for the pur- 
poses of the appeal, the party appealing shall file, with his appeal, his 
request therefor, duly siened, stating distinetly the questions of law. 
which he desires reviewed, and annex thereto a (ait of such Andings as 
he deems neecssary Lo present these questions. (PB. 1951, Sec. 389.) 
ee —————— 

Sec. 614. Form and Contents of Draft Finding 

The craft finding shall contain. under separate headings, a state- 
ment, in consecutive, numbered paragrapins. of the relevant and material 
facts proven. the conclusions of the court, the claims of law made In the 
trial court with the rulings of the court thereon, and the rulings on evi- 
dence or other rulings on the trial which the appellant desires to have 
reviewed. The draft shall be in substantial ithe 4 with Form 603, 
statements of rulings on evidence shall comply with See. 819A; and appro- 
priate references to pages of the transcript shall be made as provided in 
See, G41. (P.B.'1531, See. 389:1553.) 

Sec. 615. Counter Finding 

The clerk shall forthwith mail a copy of the request and drafi find- 
ing to opposing counsel, who shall, within ten days from the filing of the 
dr aft finding, file with the clerk a counter finding which shall state the 
paragraphs of the draft finding which arc not contested and shall contain 
only such relevant and material facts as arc not in the draft finding, or 
such facts, conclusions, claims of law and rulings which arosc in the trial 
as arc clamed hy ham To he incorrcetly stated in the draft finding, and 
appropriate references to pages of the transcript as provided in See. 641. 

  

  

    

    

  

  
  

  

  

  

  

  
  

    

    

  
  

  

  

t Originally, the second sentence read: “If the error claimed is in rulings upon 
the admission or rejection of evidence or other rulings in the course of the triul, in the 

charge to tie jury or in conclusions of law or fact that do ner uppenr upon the fnce of 
the record, n finding by the trial court is necessary,” A third sentence read: “If on 
an appeal from the granting of wu motion to set the verdiet aside the appellant desires 
to present such rulings, or if the decision upon the motion is bused ou such rulings, 
finding is waecrssary, and should be in the form: for findings in cases tried to the jury.” 

(Jul 73) 

210 WAT) JV/IS we- 76:60 GB/70/90  



Distribution: 

MOLLER, HORTON & SHIELDS, P.C. 
MARTHA STONE 
PHILIP D. TEGELER 
JOHN BRITTAIN 
WILFRED RODRIGUEZ 
RICHARD BLUMENTHAL, ATTORNEY GENERAL 
BERNARD F. MCGOVERN, ASSISTANT ATTORNEY GENERAL 
MARTHA WATTS PRESTLEY, ASSISTANT ATTORNEY GENERAL 

MARIANNE ENGELMAN LADO 
THEODORE SHAW 
DENNIS D. PARKER 
SANDRA DEL VALLE 
CHRISTOPHER A. HANSEN