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Conn. Practice Book § 72-3

Applicable Procedure

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

(a) The writ of error, if in proper form, shall be

allowed and signed by a judge or clerk of the court

in which the judgment or decree was rendered.

The writ of error shall be presented for signature

within twenty days of the date notice of the judg -

ment or decision complained of is given but shall

be signed by the judge or clerk even if not pre -

sented in a timely manner. Failure without cause

to present the writ of error in a timely manner may

be a ground for dismissal of the writ of error by

the court having appellate jurisdiction.

(b) The writ of error shall be served and returned

as other civil process, except that the writ of error

shall be served at least ten days before the return

day and shall be returned to the appellate clerk

at least one day before the return day. The return

days are any Tuesday not less than twelve nor

more than thirty days after the writ of error is

signed by a judge or clerk of the court.

(c) The writ of error shall be deemed filed the

day it is properly returned to the appellate clerk.

The plaintiff in error shall return the writ of error

to the appellate clerk by (1) complying with Section 60-7 or 60-8 by paying the required fee, submitting a signed application for waiver of fees and

the order of the trial court granting the fee waiver,

or certifying that no fees are required; (2) submitting the matter in accordance with the provisions

of Section 63-3; and (3) submitting the allowed

and signed writ of error and the signed marshal’s

return to the appellate clerk.

(d) An electronically filed writ of error will be

docketed upon the submission of the matter in

accordance with Section 63-3 but will be rejected

upon review by the appellate clerk if the plaintiff

in error fails to comply with Section 60-7 or to

submit an allowed and signed writ of error and

the signed marshal’s return on the same business

day the matter is submitted in accordance with

the provisions of Section 63-3. The writ of error

may also be returned upon review by the appellate

clerk for noncompliance with the Rules of Appellate Procedure. The appellate clerk shall forthwith

give notice to all parties of the filing of the writ

of error.

(e) If the writ of error is brought against a judge

of the Superior Court to contest a summary decision of criminal contempt by that judge, the

defendant in error shall be the Superior Court. In

all other writs of error, the writ of error shall bear

the caption of the underlying action in which the

judgment or decision was rendered. All parties to

the underlying action shall be served in accordance with Chapter 8 of these rules.

(f) Within ten days of filing a writ of error, the

plaintiff in error shall file with the appellate clerk:

(1) A certificate stating that no transcript is

deemed necessary or a transcript order confirmation from the official court reporter in compliance

with Section 63-4 (a) (3). If any other party deems

any other parts of the transcript necessary that

were not ordered by the plaintiff in error, that party

shall, within twenty days of the filing of the plaintiff

in error’s transcript papers, file a transcript order

confirmation for an order placed in compliance

with Section 63-8.

(2) A docketing statement in compliance with

Section 63-4 (a) (4). If additional information is or

becomes known to, or is reasonably ascertainable

by the defendant in error, the defendant in error

shall file a docketing statement supplementing the

information required to be provided by the plaintiff

in error.

(g) Within twenty days of filing a writ of error,

the plaintiff in error shall file with the appellate

clerk such documents as are necessary to present

the claims of error made in the writ of error, including pertinent pleadings, memoranda of decision

and judgment file, accompanied by a certification

that a copy thereof has been served on each

counsel of record in accordance with Section

62-7.

(h) Within ten days of the filing by the plaintiff

in error of the documents referred to in subsection (g) of this rule, the defendant in error may file

such additional documents as are necessary to

defend the action, accompanied by a certification

that a copy thereof has been served on each

counsel of record in accordance with Section

62-7.

(i) Answers or other pleas shall not be filed in

response to any writ of error. No amended writ of

error may be filed without leave of the court having

appellate jurisdiction.

(j) Briefing is in accordance with Section 67-1

et seq. in which the rules applicable to appellants

shall apply to plaintiffs in error, and the rules applicable to appellees shall apply to defendants in error.

History

(P.B. 1978-1997, Sec. 4144.) (Amended Nov. 19, 2003, to take effect Jan. 1, 2004; amended June 2, 2010, to take effect Jan. 1, 2011; amended June 5, 2013, to take effect July 1, 2013; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended June 15, 2016, to take effect Sept. 30, 2016; amended July 19, 2017, to take effect Oct. 8, 2017; amended July 23, 2019, to take effect Jan. 1, 2020; amended July 19, 2022, to take effect Jan. 1, 2023; 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
5a035b1810fae07f8c15de64b98394ad9f08696b05b877fd04b99cce9fc9e810
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Conn. Practice Book § 72-3 — Applicable Procedure · binding.law