OFFICIAL 2018 - Connecticut

1 OFFICIAL2018 Connecticut PRACTICE book (Revision of 1998)CONTAININGRULES OF PROFESSIONAL CONDUCTCODE OF JUDICIAL CONDUCTRULES FOR THE SUPERIOR COURTRULES OF APPELLATE PROCEDUREAPPENDIX OF FORMSINDEX OF OFFICIAL JUDICIAL BRANCH FORMSP ublished byThe Commission on OFFICIAL Legal Publications Copyrighted by the Secretary of the State of the State of Connecticut 2018 by the Secretary of the State, State of ConnecticutEXPLANATORY NOTESThe Superior Court Rules as organized herein were first published in the Connecticut LawJournal dated July 29, 1997. This 2018 edition of the Practice book contains amendmentsto the Superior Court Rules, Rules of Appellate Procedure, and Appendix of Forms. Theamendments were published in the Connecticut Law Journals dated April 4, July 4, August8, and October 24, parenthetical notation about the origin of each rule is found at the end of every sectionin this volume. The notation ( 1978-1997, Sec.) indicates the number of the sectionin the 1978-1997 Practice book corresponding to the current section.

2 Current numbers ofany sections corresponding to the sections in the 1978-1997 Practice book appear in theReference Tables following the text of the rules. The notation (1998) indicates that the sectionwas new in the 1998 Practice book , taking effect October 1, 1997. The notation (See , Sec.) (1998) indicates that the section was modeled on a rule in the 1978-1997 Practice book but was actually adopted for the first time to take effect October 1, may be significant differences between the rules in this volume and those in the1978-1997 Practice book on which they were modeled. The temporary numbers assigned tothose rules in the July 29, 1997 Connecticut Law Journal, where they were originally published,appear in the Reference Tables following the text of the a section was adopted or amended after 1997, a parenthetical notation to that effectappears either immediately following the text of the section or following the parentheticalnotation concerning the derivation of the section.

3 Where the title to a section has beenamended, a parenthetical notation appears immediately following the title. The Table ofPractice book Changes, following the text of the rules, documents the dates on which ruleswere adopted, repealed, amended, or transferred to another describing the nature of amendments and Commentaries indicating the intendedpurpose of new rules or amendments to existing rules are printed following the text of newor amended rules. Histories and Commentaries are included for only those rules that wereadopted or amended to take effect in the year corresponding to the current edition of thePractice book , with the following exceptions: (1) the Histories and Commentaries to the ruleson sealing of files and closure of the courtroom will be retained on a cumulative basis; (2)the 2014 Commentary to Section 1-10B and the 2017 Commentary to Section 2-27A havebeen retained; and (3) Commentaries to certain sections of the Rules of Appellate Procedurehave been retained.

4 Users wanting to access the Histories documenting rule changes andCommentaries to new or amended rules, in a given year, should not discard the correspondingedition of the Practice book . For example, Histories and Commentaries corresponding to rulechanges to take effect January 1, 2018, will appear only in the 2018 edition of the Practice Bookand not in subsequent editions, unless the rule falls into one of the exceptions, listed Commentaries to the rules of practice are included in this volume for informationalpurposes only. Commentaries to those rules are not adopted by the Judges and Justiceswhen they vote to adopt proposed rule changes. Commentaries to the Rules of ProfessionalConduct and Code of Judicial Conduct are adopted by the Judges and Justices and areprinted in every edition of the Practice in 2000, Amendment Notes were incorporated into the Rules of ProfessionalConduct and the Code of Judicial Conduct. Those notes, approved by the Rules Committeeof the Superior Court to explain the revisions to the Rules of Professional Conduct and Codeof Judicial Conduct, appear only in the edition of the Practice book corresponding to the yearof the revision and not in subsequent Copyrighted by the Secretary of the State of the State of ConnecticutThe system used to number each section is based on the chapter in which the section islocated.

5 Each section has a two part number. The first part of the number designates thechapter, and the second part designates the number of the section within that chapter. (Chapter1 begins with 1-1, chapter 2 with 2-1, etc.) The internal breakdown of individual rules followsthe style of the General Statutes. Subsections are designated by lower case letters in parenthe-ses, (a), (b), subdivisions are designated by numbers in parentheses, (1), (2), and subpara-graphs are designated by upper case letters in parentheses, (A), (B).The Rules of Appellate Procedure, as well as the Superior Court Rules, were reorganizedin 1998. The reorganization of the Rules of Appellate Procedure was completed subsequentto the publication of the July 29, 1997 Connecticut Law Journal and was published in thisvolume for the first time in 1998. The goal in reorganizing the Rules of Appellate Procedurewas to present them in the order in which an appellant might approach the appeal process, , rules on whether to appeal, how to file, what to do next, when argument will take place,opinions and reargument.

6 Rules on various special proceedings were organized into separatechapters. No substantive changes were made in the course of reorganization, but there wereeditorial versions of certain Rules of Appellate Procedure pertaining to the preparation of theappellate record were published in the 2014, 2015, and 2016 editions of the Practice parenthetical indicated whether the rule was applicable to appeals filed before July 1, 2013,or applicable to appeals filed on or after July 1, 2013. Only one version of those rules isincluded in this edition, and the parenthetical has been removed. The appellate clerk's officecan provide guidance regarding appeals filed before July 1, 2002, an Appendix was added following the Index. The Appendix contains certain formsthat previously had been in Volume 2 of the 1978-1997 Practice book . In 2010, an Index ofOfficial Judicial Branch Forms used in Civil, Family and Juvenile Matters was added to thePractice book , following the Appendix of Forms.

7 In 2012, the Appendix of Superior CourtStanding Orders, which was added in 2010, was removed. A notice referring the reader tothe Judicial Branch website for access to the Superior Court Standing Orders was substitutedin its place. In 2018, the Index of OFFICIAL Judicial Branch Forms Used in Civil, Family andJuvenile Matters was removed. A notice referring the reader to the Judicial Branch websitefor access to OFFICIAL Judicial Branch forms was substituted in its January 1, 2003, the rules pertaining to procedure in juvenile matters wereamended and reorganized. The amendments initially were published in the Connecticut LawJournal of July 23, 2002. The July 23, 2002 Connecticut Law Journal gave notice that therules on juvenile matters, which, since 1998, had been found in chapters 26 through 35, hadbeen moved to chapters 26a through 35a. In the Practice book itself, however, the originalnumbers of the juvenile rules were retained wherever year certain nonsubstantive, technical editorial changes are made to a number ofthe rules.

8 Some, but not all, of these changes are explained in Technical Change Copyrighted by the Secretary of the State of the State of ConnecticutTABLE OF CONTENTSA ttorney's Oath..1 Rules of Professional ConductPreamble..1 Scope..2 Rules and Commentaries..4 Code of Judicial ConductPreamble..65 Scope..65 Terminology..66 Application..67 Canons, Rules and Comments..68 Superior Court Rules and Rules of Appellate ProcedureChapter and Section Headings of the Rules..82 Superior Court General ProvisionsChapter 1 Scope of Rules..102 Chapter 2 Attorneys..112 Chapter 3 Appearances..163 Chapter 4 Pleadings..169 Chapter 5 Trials..171 Chapter 6 Judgments..173 Chapter 7 Clerks; Files and Records..175 Superior Court Procedure in Civil MattersChapter 8 Commencement of Action..181 Chapter 9 Parties..183 Chapter 10 Pleadings..189 Chapter 11 Motions, Requests, Orders of Notice, and Short Calendar..201 Chapter 12 Transfer of Actions..210 Chapter 13 Discovery and Depositions..211 Chapter 14 Dockets, Trial Lists, Pretrials and Assignment Lists.

9 231 Chapter 15 Trials in General; Argument by Counsel..238 Chapter 16 Jury Trials..240 Chapter 17 Judgments..246 Chapter 18 Fees and Costs..258 Chapter 19 References..261 Chapter 20 Hearings in Chambers..265 Chapter 21 Receivers..266 Chapter 22 Unemployment Compensation..270 Chapter 23 Miscellaneous Remedies and Procedures..272 Chapter 24 Small Claims..282 Superior Court Procedure in Family MattersChapter 25 General Provisions..289 Superior Court Procedure in Family Support Magistrate MattersChapter 25a Family Support Magistrate Matters..310 Superior Court Procedure in Juvenile MattersChapter 26 General Provisions..319v Copyrighted by the Secretary of the State of the State of ConnecticutChapter 27 Reception and Processing of Delinquency and Family with Service Needs Com-plaints or Petitions..322 Chapter 28 Delinquency and Family with Service Needs Nonjudicial Supervision [Repealed].325 Chapter 29 Reception and Processing of Delinquency and Child from Family with Service NeedsPetitions and Delinquency Informations.

10 326 Chapter 30 Detention..327 Chapter 30a Delinquency and Family with Service Needs Hearings..331 Chapter 31 Delinquency and Family with Service Needs Hearing [Repealed]..334 Chapter 31a Delinquency and Family with Service Needs Motions and Applications..335 Chapter 32 Neglected, Uncared for and Dependent Children and Termination of Parental Rights[Repealed]..341 Chapter 32a Rights of Parties, Neglected, Abused and Uncared for Children and Terminationof Parental Rights..342 Chapter 33 Hearings concerning Neglected, Uncared for and Dependent Children and Termina-tion of Parental Rights [Repealed]..345 Chapter 33a Petitions for Neglect, Uncared for, Dependency and Termination of Parental Rights:Initiation of Proceedings, Orders of Temporary Custody and Preliminary Hearings..346 Chapter 34 Rights of Parties [Repealed]..350 Chapter 34a Pleadings, Motions and Discovery Neglected, Abused and Uncared for Childrenand Termination of Parental Rights..351 Chapter 35 General Provisions [Repealed].