CT · rules
Conn. Practice Book § 72-3
Applicable Procedure
(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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