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CIVIL PROCEDURE:
Conform Evidence
Rule 103
(H 689) (SL 2003-101): Rule 103 of the Rules of Evidence is amended
to conform with the Federal Rule. The change states that once a
ruling is made on the admission or exclusion of evidence, there is
no need to continue to renew objections in order to preserve the
issue for appeal. This act becomes effective October 1, 2003, and
applies to evidence rulings made on or after that date.
Nurse Testimonial
Privilege
(H 743) (SL 2003-342): Chapter 8 of the General Statutes is amended
by adding Section 8-53.13 to establish a privilege for nurses who
are properly licensed and who acquire information in the rendering
of their professional duty. A district or superior court judge may
compel disclosure if the testimony is necessary to the proper
administration of justice and is not prohibited under other statute
or rule. This act becomes effective October 1, 2003.
Rules of Civil
Procedure/Rewrite Rule 45 (H 785) (SL 2003-276): This bill totally strikes the
existing rule governing subpoenas and offers a new rule. The new
language states the issuance of a subpoena must include the 1) title
of the action, 2) a command to those to whom it is directed and
instructions if documents are to be provided, 3) any protections
provided to the person subject to the subpoena and 4) any
requirements for responses required by Rule 45.
The rules for the
manner of service are the same as under current law. The new law
specifies that service of a copy of the subpoena shall be served
upon all parties.
The new rule gives
grounds for objecting to a subpoena. If an objection is made, it
must be overruled by an order of the court (as in current law). A
new paragraph is added to the rule that outlines the duties of a
person responding to a subpoena. The act becomes effective October
1, 2003, and applies to actions pending or filed after that date. |
