(a) In any civil action pending in the Superior Court in which an issue of fact has been closed to the court, the court may, upon motion of any party to the record, appoint a committee of one, two or three disinterested persons to hear the evidence and report the facts to the court. A committee shall not be appointed without the consent of all parties appearing, unless the court, after a hearing upon the motion for appointment of a committee, is of the opinion that the questions involved are such as clearly ought to be sent to a committee.
(b) If the action has been brought solely for the recovery of a money demand, the committee may: (1) Report simply that it finds the issue in favor of the plaintiff and that he recover a certain sum, or that it finds the issue in favor of the defendant, as the case may be, or (2) report specifically the facts relevant to the issue and established by the evidence. In all other actions, the committee shall report specifically the facts relevant to the issue and established by the evidence.
(c) Upon the acceptance of any report, judgment shall be rendered thereon according to law and the facts found.
(1949 Rev., S. 8168; 1959, P.A. 28, S. 125; P.A. 74-183, S. 105, 291; P.A. 76-436, S. 494, 681; P.A. 82-160, S. 161.)
History: 1959 act substituted circuit court for municipal court; P.A. 74-183 removed actions pending in circuit court from purview of section, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 removed actions pending in court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased the section and inserted Subsec. and Subdiv. indicators.
Auditors may require the parties to furnish each other copies of their respective claims. 37 C. 428. May grant adjournments on terms. 26 C. 311. May grant a rehearing before filing report. 31 C. 368, 370. Ought not to stay at house of either party during trial. 39 C. 268. The report cannot be set aside because against the weight of evidence. 13 C. 563; 23 C. 541; 24 C. 585; 26 C. 312, but see 14 C. 362. Report may be set aside for mistake of law. 2 D. 120. Report should state facts, not evidence of facts. 20 C. 588; 23 C. 34; 26 C. 267; 30 C. 279. Certainty necessary in report. 13 C. 467, 468; 36 C. 473. Report may be set aside for admission of improper evidence; K. 353; 1 R. 268; 14 C. 71; 98 C. 562; but not if it worked no injury. 37 C. 429. Further hearing in court after return of report. 13 C. 396; 31 C. 380. Acceptance of report conditionally; 11 C. 368; or in part only. 17 C. 34; 36 C. 424. Report, if accepted, is a part of the record. 4 D. 374. Court cannot infer additional facts from the facts found and reported by the committee. 42 C. 517. Court cannot recommit the report on the ground that the finding is against the evidence. 43 C. 451. Adverse report; when party loses his right to withdraw. 47 C. 436. Certain questions of fact undecided by committee; court may recommit report for further finding upon the evidence already received. 49 C. 351. Report should not be rejected where the items allowed are so stated that the court can render an intelligible and just judgment. 51 C. 131. Court cannot find facts upon mere evidence reported by committee. 52 C. 427. Reappointment of committee not necessary at each term of court. 53 C. 328. Conclusiveness of report as to facts; 76 C. 367; Id., 484; Id., 567; Id., 654; 85 C. 237; Id., 390; 87 C. 41; Id., 70; 98 C. 566; 103 C. 283; 109 C. 216; but court may correct account where all items are found; 86 C. 199; 87 C. 241; but failure of committee properly to weigh evidence no ground for recommittal. 82 C. 460; 87 C. 241. Misconduct of committee as ground to reject report; 67 C. 347; use of form of report furnished by counsel; 74 C. 189; employing party's surveyor. 67 C. 345. Report is sufficient if necessary facts are found; surplusage will be rejected. 68 C. 113; 87 C. 70. Including in report rulings of committee and facts upon which they are made. 70 C. 429; 76 C. 84; 85 C. 237; 87 C. 241; 88 C. 431. Report of majority as report of committee. 82 C. 464. Remonstrance, its use, and procedure upon it. 76 C. 567; 80 C. 248; 85 C. 237; 87 C. 42; Id., 241; 98 C. 566. Members of committee may testify as to their doings. 76 C. 567, see 75 C. 248. Use of stenographer's notes of evidence before them discountenanced. 76 C. 567; 87 C. 241. Referring report back for failure to properly consider testimony; 82 C. 460; for error in evidence as to value. 81 C. 63. Effect of referring matter to committee before issues closed. 74 C. 189. Committee cannot pass on demurrer to complaint. 92 C. 193. Remonstrance merely stating that conclusion is against evidence is demurrable. 93 C. 146. Presumption that action of committee is proper in absence of showing to the contrary. Id., 149. Remonstrance does not lie on ground that committee mistook the weight of the evidence; when report may be recommitted. 96 C. 501; 98 C. 565. Held that legislature intended references to attorney referees under Sec. 52-434(a)(4) to conform to procedure set forth in this section to require consent of all parties. 199 C. 496. Cited. Id., 518; 210 C. 705.
Cited. 11 CA 1.
Where complaint and counterclaim contain not numerous questions of law but numerous questions of fact, the questions involved ought to be sent to a committee. 5 CS 376. Cited. 16 CS 460.