Opinion
No. 295156
February 16, 1995
MEMORANDUM OF DECISION
In this tax appeal, the plaintiff attempted to proceed pro se. She called as witnesses Anthony Viagrande, the part-time assessor of the town of Easton, and her husband, Heinz Von Kuthy, formerly a professor of marketing and taxation of the University of Bridgeport whose distinguished scholarship and dedicated teaching has been duly acknowledged by that institution. In effect, the plaintiff's husband attempted to try her case for her. This the court was unable to permit. Johnson v. Ivimey, 3 Conn. App. 392, 395 (1995).
"Great latitude is normally given to a litigant who, like the defendant, represents himself in legal proceedings. Bitonti v. Tucker, 162 Conn. 626, 627, 295 A.2d 545, cert. denied, 409 U.S. 851, 93 S.Ct. 62, 34 L.Ed.2d 94 (1972). Such a litigant shall have the opportunity to have his case fully and fairly heard so far as such latitude is consistent with the just rights of any adverse party. Conservation Commission v. Price, 193 Conn. 414, 421 n. 4, 479 A.2d 187 (1984). Even pro se litigants, however, must abide by reasonable court orders as `[s]uch a litigant is bound by the same rules of evidence and procedure as those qualified to practice law.' Cersosimo v. Cersosimo, 188 Conn. 385, 394, 449 A.2d 1026 (1982); Rodriguez v. Mallory Battery Co., 188 Conn. 145, 151, 448 A.2d 829 (1982)." Mantell v. Greene, 15 Conn. App. 1, 5 (1988). Because her husband was unable to represent her and because of her understandable unfamiliarity with the rules of evidence, the plaintiff was unable to establish a prima facie case, notwithstanding the court's relaxation of the rules of procedure.
Pursuant to Practice Book § 302, the defendant's motion to dismiss is granted.
Practice Book " Sec. 302. Dismissal in Court Cases for Failure to Make Out a Prima Facie Case (Trial in General). If, on the trial of any issue of fact in a civil action tried to the court, the plaintiff has produced his evidence and rested his cause, the defendant may move for judgment of dismissal, and the court may grant such motion, if in its opinion the plaintiff has failed to make out a prima facie case. The defendant may offer evidence in the event the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made."
BY THE COURT
Levin, J.