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Section 52-178 – Adverse party or officer, agent or employee thereof may be compelled to testify

May 11, 2021 | Civil Procedure, Connecticut

A party to a civil action or probate proceeding:

(1) May compel any adverse party, any person for whose benefit the action or proceeding is instituted, prosecuted or defended, or any officer, director, managing agent, or other agent or employee having knowledge of facts relevant to the action or proceeding, of a public or private corporation, partnership or association which is an adverse party or for whose benefit the action or proceeding is instituted, prosecuted or defended, to testify as a witness in his behalf, in the same manner and subject to the same rules as other witnesses;
(2) may take the deposition of such party or person in the same manner and subject to the same rules as those pertaining to the taking of other depositions; and,
(3) in either case, may examine such party to the same extent as an adverse witness.

Conn. Gen. Stat. ยง 52-178

(1949 Rev., S. 7901; March, 1958, P.A. 27, S. 64; 1959, P.A. 444; 1961, P.A. 177; P.A. 73-209; P.A. 82-160, S. 82.)

Authorizes a party to require his adversary to give a deposition. 30 C. 358. Cited. 76 C. 116. Court can compel party to produce document in his hands in court. Id., 479. Defaulted defendant could be called as witness by plaintiffs in proceeding against other defendants, although he could not disclaim his own liability. 149 C. 459. Plaintiff may introduce in evidence defendant’s motor vehicle accident report to show inconsistencies between testimony of defendant as a witness for plaintiff and statements in the report; since defendant had identified the report as his own, the fact that someone else may actually have filled in the body of the report did not make it inadmissible. 150 C. 349. Testimony re matters not brought to issue by the pleadings inadmissible on plaintiff’s examination. 151 C. 193. Counsel for party called as witness under statute can ask leading questions on his cross-examination. Id., 402. After plaintiff’s statutory direct examination, cross-examination of defendant must deal only with matters covered on direct examination. 154 C. 129, 154. Defendant called as a witness by plaintiff testified he did not know the passengers in his own car; fact for jury whether potential witnesses were known to defendant. Id., 212. Cited. 158 C. 165; 171 C. 35; 200 C. 9; 211 Conn. 555; 232 C. 632. Cited. 14 CA 178. History discussed; act as amended merely broadens definition of “adverse party” to include specified personnel of corporations, partnerships or associations; the taking of depositions is still restricted by Secs. 52-148, 52-149 and 52-152. 23 Conn.Supp. 249. Cited. 26 CS 338. In motion to open judgment, mover must show how alleged erroneous ruling was prejudicial to him. 2 Conn. Cir. Ct. 110. Defendant’s failure to produce witnesses, relying on insufficiency of plaintiff’s case, does not permit inference that witness’ testimony would have been favorable to plaintiff. 4 Conn. Cir. Ct. 649.