Section 19-17.Function of the Court
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 19-17
Amendment History
(P.B. 1978-1997, Sec. 443.) (Amended June 28, 1999, to take effect Jan. 1, 2000; amended June 20, 2011, to take effect Jan. 1, 2012.)
Plain-English Summary
Under Section 19-17(a), the court renders whatever judgment the law requires based on the facts stated in the report — the court does not retry the facts itself. If, however, the court finds that the committee, attorney trial referee, or special assignment probate judge materially erred in its rulings, or that other sufficient reasons exist why the report should not be accepted, the court must reject the report. It then either refers the matter back to the same or another committee, attorney trial referee, or special assignment probate judge for a new trial, or revokes the reference entirely and leaves the case to be resolved in court.
Section 19-17(b) gives the court narrower, more surgical tools short of outright rejection. At any time before judgment, the court may correct the report if the parties stipulate to the correction in writing. The court may also, on its own motion, add a fact that is admitted or undisputed, or strike out a fact that was improperly found.
Frequently Asked Questions
Can the court retry the facts found by a referee?
No. Under Section 19-17(a), the court renders judgment on the facts as stated in the report; it does not independently retry the underlying facts.
When must the court reject a committee or referee's report?
The court must reject the report if it finds the committee, attorney trial referee, or special assignment probate judge materially erred in its rulings, or that other sufficient reasons exist why the report should not be accepted.
What happens after the court rejects a report?
The court refers the matter to the same or another committee, attorney trial referee, or special assignment probate judge for a new trial, or revokes the reference and leaves the case to be decided in court.
Can the court fix small errors in a report without rejecting it entirely?
Yes. Before judgment, the court may correct the report by written stipulation of the parties, or on its own motion add an admitted or undisputed fact or strike out a fact improperly found.