Conn. Practice Book § 61-11

(a) Automatic stay of execution

Except where otherwise provided by statute

or other law, proceedings to enforce or carry

out the judgment or order shall be automatically

stayed until the time to file an appeal has expired.

If an appeal is filed before the appeal period has

expired, such proceedings shall be stayed until

the final determination of the cause. If the case

goes to judgment on appeal, any stay thereafter

shall be in accordance with Section 71-6 (motions

for reconsideration), Section 84-3 (petitions for

certification by the Connecticut Supreme Court),

and Section 71-7 (petitions for certiorari by the

United States Supreme Court).

(b) Matters in which no automatic stay is

available under this rule

Under this section, there shall be no automatic

stay in actions concerning attorneys pursuant

to Chapter 2 of these rules, in juvenile matters

brought pursuant to Chapters 26 through 35a, or

in any administrative appeal except as otherwise

provided in this subsection.

Unless a court shall otherwise order, any stay

that was in effect during the pendency of any

administrative appeal in the trial court shall continue until the filing of an appeal to the Appellate

Court or the expiration of the appeal period, or

any new appeal period, as provided in Section

63-1. If an appeal to the Appellate Court is filed,

any further stay shall be sought pursuant to Section 61-12.

For purposes of this rule, ‘‘administrative

appeal’’ means an appeal filed from a final judg -

ment of the Compensation Review Board or filed

from a final judgment of the trial court rendered

in an appeal from a decision of any officer, board,

commission, or agency of the state or of any political subdivision thereof. In addition to appeals filed

pursuant to the Uniform Administrative Procedure

Act, ‘‘administrative appeal’’ includes, among

other matters, zoning appeals, teacher tenure

appeals, tax appeals and unemployment compensation appeals.

(c) Stays in family matters and cases involving orders of civil protection, and appeals from

decisions of the Superior Court in family support magistrate matters

Unless otherwise ordered, no automatic stay

shall apply to orders of relief from physical abuse

pursuant to General Statutes § 46b-15, to orders

of civil protection pursuant to General Statutes

§ 46b-16a, to orders for exclusive possession of

a residence pursuant to General Statutes § 46b-

81 or § 46b-83 or to orders of periodic alimony,

support, custody or visitation in family matters

brought pursuant to Chapter 25, or to any decision

of the Superior Court in an appeal of a final determination of a support order by a family support

magistrate brought pursuant to Chapter 25a,

or to any later modification of such orders. The

automatic orders set forth in Section 25-5 (b) (1),

(2), (3), (5) and (7) shall remain in effect during

any appeal period and, if an appeal is filed, until

the final determination of the cause unless terminated, modified or amended further by order of a

judicial authority upon motion of either party.

Any party may file a motion to terminate or

impose a stay in matters covered by this subsection, either before or after judgment is rendered,

based upon the existence or expectation of an

appeal. Such a motion shall be filed in accordance

with the procedures in subsection (e) of this rule

or Section 61-12. The judge hearing such motion

may terminate or impose a stay of any order,

pending appeal, as appropriate, after considering

(1) the needs and interests of the parties, their

children and any other persons affected by such

order; (2) the potential prejudice that may be

caused to the parties, their children and any other

persons affected, if a stay is entered, not entered

or is terminated; (3) if the appeal is from a judg -

ment of dissolution, the need to preserve, pending

appeal, the mosaic of orders established in the

judgment; (4) the need to preserve the rights of

the party taking the appeal to obtain effective relief

if the appeal is successful; (5) the effect, if any,

of the automatic orders under Section 25-5 on

any of the foregoing considerations; and (6) any

other factors affecting the equities of the parties.

The judge who entered the order in a family matter

from which an appeal lies may terminate any stay

in that matter upon motion of a party as provided

in this subsection or sua sponte, after considering

the factors set forth in this subsection or if the

judge is of the opinion that an extension of time

to appeal is sought or the appeal is filed only for

delay. Whether acting on a motion of a party or

sua sponte, the judge shall hold a hearing prior

to terminating the stay.

(d) Termination of stay

In all cases not governed by subsection (c),

termination of a stay may be sought in accordance

with subsection (e) of this rule. If the judge who

tried the case is of the opinion that (1) an exten -

sion to appeal is sought, or the appeal is filed,

only for delay or (2) the due administration of

justice so requires, the judge may at any time,

upon motion or sua sponte, order that the stay be

terminated. Whether acting on a motion of a party

or sua sponte, the judge shall hold a hearing prior

to terminating the stay.

(e) Motions to terminate stay

(1) A motion to terminate a stay of execution

filed before judgment is entered shall be filed with

the trial court, and the judge who tried or presided

over the matter may rule upon the motion when

judgment is entered. If such a motion is filed after

judgment but before an appeal is filed, the motion

shall be filed with the clerk of the trial court and

may be ruled upon by the trial judge thereafter.

(2) After an appeal is filed, such a motion shall

be filed with the appellate clerk and shall be forwarded by the appellate clerk to the trial judge for

a decision. If the judge who tried or presided over

the case is unavailable, the motion shall be forwarded to the clerk of the trial court in which the

case was tried, who shall assign the motion for a

hearing and decision to any judge of the Superior Court.

(3) Upon hearing and consideration of the

motion, the trial court shall file with the clerk of

the trial court its written or oral memorandum of

decision that shall include the factual and legal

basis therefor. If oral, the decision shall be tran -

scribed by an official court reporter or court

recording monitor and signed by the trial court. If

an appeal has not been filed, the clerk shall enter

the decision on the trial court docket and shall

send notice of the decision to counsel of record.

If an appeal has been filed, the clerk of the trial

court shall enter the decision on the trial court

docket and send notice of the decision to the

appellate clerk, and the appellate clerk shall issue

notice of the decision to all counsel of record.

(f) Motions to request stay

Requests for a stay pending appeal where there

is no automatic stay shall be governed by Section

61-12.

(For stays of execution in criminal cases, see

Section 61-13.)

(g) Strict foreclosure—motion rendering

ineffective a judgment of strict foreclosure

In any action for foreclosure in which the owner

of the equity has filed, and the court has denied,

at least two prior motions to open or other similar

motion, no automatic stay shall arise upon the

court’s denial of any subsequent contested motion

by that party, unless the party certifies under oath,

in an affidavit accompanying the motion, that the

motion was filed for good cause arising after the

court’s ruling on the party’s most recent motion.

Such affidavit shall recite the specific facts relied

on in support of the moving party’s claim of good

cause. If, notwithstanding the submission of such

an affidavit of good cause, the plaintiff contends

that there is no good cause to stay the court’s

judgment of strict foreclosure pending resolution

of the appeal, the plaintiff may seek termination

of the automatic stay by filing a motion requesting

such relief accompanied by an affidavit stating the

basis for the plaintiff’s claim. In the event such a

motion to terminate stay is filed, it shall be set

down for argument and the taking of evidence,

if necessary, on the second short calendar next

following the filing of the motion. There shall be

no automatic appellate stay in the event that the

court grants the motion to terminate the stay and,

if necessary, sets new law dates. There shall be

no automatic stay pending a motion for review of

an order terminating a stay under this subsection.

(h) Foreclosure by sale—motion rendering

ineffective a judgment of foreclosure by sale

In any action for foreclosure in which the owner

of the equity has filed a motion to open the judg -

ment or extend the scheduled sale date or other

similar motion, or a motion for reargument or

reconsideration of the denial of such a motion,

which motion was denied fewer than twenty days

prior to the scheduled sale date, the sale shall

proceed as scheduled notwithstanding the court’s

denial of the motion, but no motion for approval of

the sale shall be considered until the expiration

of the appeal period following the denial of the

motion without an appeal having been filed. The

trial court shall not vacate the automatic stay following its denial of the motion during such

appeal period.