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Conn. Practice Book § 61-4

Appeal of Judgment that Dis-

activein force · 2025-01-01 – presentact-effective-date

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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