Ficara v. O'Connor

In Ficara v. O'Connor, 45 Conn. App. 626, 630, 697 A.2d 696 (1997), the Court held that the parties may not waive or agree to extend the 120 day period under Practice Book 430A, now 19-4, because it does not have a waiver provision. "The plain language of 430A now 19-4 is unambiguous. Clearly, it was the intent of the drafters not to provide a waiver provision for the parties to extend the time an attorney referee has to file a report. As a result, the parties cannot waive the 120 day period provided in 430A. Moreover, while the legislature provided a waiver provision in General Statutes 51-183b, the judges of the Superior Court, in promulgating the rules of practice for attorney referees, were certainly cognizant of 51-183b, yet decided not to include a waiver provision in 430A. . . . Thus, we conclude that the trial court lacked the power to accept an attorney referee's report that did not comply with 430A." Ficara v. O'Connor, supra, 630.