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Connecticut Public Acts 1996

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Substitute Senate Bill No. 298

PUBLIC ACT NO. 96-173

AN ACT CONCERNING THE APPOINTMENT OF COMMITTEES IN THE COURTS OF PROBATE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 45a-123 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) In any matter pending in any court of probate, the court may appoint a committee OF A DISINTERESTED PERSON OR A FORMER JUDGE OF PROBATE to hear the MATTER [evidence and report it to the court, if the court is of the opinion that the questions involved ought to be sent to a committee.] THE FORMER JUDGE SHALL BE SELECTED FROM A PANEL OF JUDGES PROVIDED BY THE PROBATE COURT ADMINISTRATOR. THE COURT SHALL GIVE NOTICE OF THE TIME AND PLACE OF THE HEARING. SUCH COMMITTEE SHALL HEAR THE MATTER AND REPORT ITS FINDINGS NOT LATER THAN THIRTY DAYS AFTER THE DATE OF SUCH HEARING TO THE COURT. IF THE COURT ACCEPTS THE FINDINGS, IT SHALL ISSUE A DECREE. IF THE COURT REJECTS THE FINDINGS, IT MAY HEAR AND DETERMINE THE MATTER OR APPOINT A DIFFERENT COMMITTEE TO HEAR THE MATTER AND REPORT ITS FINDINGS.

(b) The committee shall be sworn to faithfully perform the duties of its appointment and shall have all the powers conferred by law upon courts of probate for procuring the attendance of witnesses and for punishing for contempt.

(c ) The committee's fees shall not exceed [five] TWO HUNDRED FIFTY dollars per diem and shall be fixed by the court and paid by the executor, administrator, trustee, conservator [or] guardian, [as the case may be] OR OTHER PARTY TO THE ACTION, OR BY THE COURT PURSUANT TO REGULATIONS ESTABLISHED BY THE PROBATE COURT ADMINISTRATOR. IF A PARTY IS UNABLE TO PAY SUCH FEES AND FILES AN AFFIDAVIT WITH THE COURT DEMONSTRATING AN INABILITY TO PAY, THE REASONABLE COMPENSATION OF THE COMMITTEE SHALL BE ESTABLISHED BY THE PROBATE COURT ADMINISTRATOR AND PAID FROM THE PROBATE COURT ADMINISTRATION FUND.

Approved May 31, 1996. Effective October 1, 1996.

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