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Section 23-58.—Action by Judicial Authority

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis section lists the six options a judge has after reviewing a fact finder's findings and any objections, and clarifies that the fact finder cannot testify or have the decision used as evidence elsewhere.

Full Text of Section 23-58

Text sizeJump to: (a) (b) (c)

(a) After review of the finding of facts and hearing on any objections thereto, the judicial authority may take the following action: (1) render judgment in accordance with the finding of facts; (2) reject the finding of facts and remand the case to the fact finder who originally heard the matter for a rehearing on all or part of the finding of facts; (3) reject the finding of facts and remand the matter to another fact finder for rehearing; (4) reject the finding of facts and revoke the reference; (5) remand the case to the fact finder who originally heard the matter for a finding on an issue raised in an objection which was not addressed in the original finding of facts; or (6) take any other action the judicial authority may deem appropriate.
(b) The judicial authority may correct a finding of facts at any time before accepting it, upon the written stipulation of the parties.
(c) The fact finder shall not be called as a witness, nor shall the decision of the fact finder be admitted into evidence at another proceeding ordered by a judicial authority.

Amendment History

(P.B. 1978-1997, Sec. 546J.)

Plain-English Summary

After reviewing the finding of facts and hearing any objections, the judicial authority can render judgment on the findings, reject the findings and send the case back to the same fact finder for a full or partial rehearing, reject the findings and send the case to a different fact finder, reject the findings and revoke the referral entirely, send the case back to the original fact finder to address an issue raised in an objection that the findings didn't cover, or take any other action the judicial authority sees fit.

Before accepting a finding of facts, the judicial authority may correct it if the parties agree in a written stipulation. The fact finder cannot be called as a witness, and the fact finder's decision cannot be admitted into evidence at any later proceeding ordered by a judicial authority.

Frequently Asked Questions

What can a judge do with a fact finder's findings?

The judge can render judgment on the findings, remand for rehearing before the same or a different fact finder, reject the findings and revoke the referral, remand for a finding on an unaddressed issue, or take any other action deemed appropriate.

Can the findings of facts be corrected before the judge accepts them?

Yes, if the parties agree in a written stipulation, the judicial authority may correct the finding of facts at any time before accepting it.

Can a fact finder be called to testify about the case later?

No. The fact finder cannot be called as a witness, and the decision cannot be admitted into evidence at another proceeding ordered by a judicial authority.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 23-58). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: action by judicial authority fact findingjudge reviewing fact finder reportrejecting fact finder findingsfact finder rehearing CTcorrecting finding of facts