CT · rules
Conn. Practice Book § 61-4
Appeal of Judgment that Dis-
poses of at Least One Cause of Action while
Not Disposing of Either (1) An Entire Complaint, Counterclaim or Cross Complaint, or
(2) All the Causes of Action in a Pleading
Brought by or against a Party
(a) Judgment not final unless trial court
makes written determination and chief justice
or chief judge concurs
This section applies to a trial court judgment
that disposes of at least one cause of action where
the judgment does not dispose of either of the
following: (1) an entire complaint, counterclaim or
cross complaint, or (2) all the causes of action
in a complaint, counterclaim or cross complaint
brought by or against a party. If the order sought
to be appealed does not meet these exact criteria,
the trial court is without authority to make the
determination necessary to the order’s being
immediately appealed.
This section does not apply to a judgment that
disposes of an entire complaint, counterclaim or
cross complaint (see Section 61-2); and it does
not apply to a trial court judgment that partially
disposes of a complaint, counterclaim or cross
complaint, if the order disposes of all the causes
of action in that pleading brought by or against
one or more parties (see Section 61-3).
When the trial court renders a judgment to
which this section applies, such judgment shall not
ordinarily constitute an appealable final judgment.
Such a judgment shall be considered an appealable final judgment only if the trial court makes a
written determination that the issues resolved by
the judgment are of such significance to the determination of the outcome of the case that the delay
incident to the appeal would be justified, and the
chief justice or chief judge of the court having
appellate jurisdiction concurs.
If the procedure outlined in this section is fol -
lowed, such judgment shall be an appealable final
judgment, regardless of whether judgment was
rendered on the granting of a motion to strike
pursuant to Section 10-44, by dismissal pursuant
to Section 10-30, by summary judgment pursuant
to Section 17-44 or otherwise.
A party entitled to appeal under this section
may appeal regardless of which party moved for
the judgment to be made final.
(b) Procedure for obtaining written determination and chief justice’s or chief judge’s concurrence; when to file appeal
If the trial court renders a judgment described
in this section without making a written determination, any party may file a motion in the trial court for
such a determination within the statutory appeal
period, or, if there is no applicable statutory appeal
period, within twenty days after notice of the partial
judgment has been sent to counsel. Papers
opposing the motion may be filed within ten days
after the filing of the motion.
Within twenty days after notice of such a determination in favor of appealability has been sent
to counsel, any party intending to appeal shall file
a motion, in accordance with the provisions of
Sections 66-2 and 66-3, for permission to file an
appeal with the clerk of the court having appellate
jurisdiction. The motion shall state the reasons
why an appeal should be permitted. Papers
opposing the motion may be filed within ten days
after the filing of the motion. The motion and any
opposition papers shall be referred to the chief
justice or chief judge to rule on the motion. If
the chief justice or chief judge is unavailable or
disqualified, the most senior justice or judge who
is available and is not disqualified shall rule on
the motion.
The appellate clerk shall send notice to the parties of the decision of the chief justice or chief
judge on the motion for permission to file an
appeal. For purposes of counting the time within
which the appeal must be filed, the date of the
issuance of notice of the decision on this motion
shall be considered the date of issuance of notice
of the rendition of the judgment or decision from
which the appeal is filed.
History
(Amended July 23, 1998, to take effect Jan. 1, 1999.) (P.B. 1978-1997, Sec. 4002C.) (Amended July 23, 1998, to take effect Jan. 1, 1999; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended July 23, 2024, to take effect Jan. 1, 2025.)
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
1206ef0bd994be94fa6574155f71b224cb21215450e128bae96c7470dc1f113e
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