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Conn. Practice Book § 72-3A

Stays

activein force · 2018-09-01 – presentact-effective-date

Except where otherwise provided by statute or

other law, proceedings to enforce or carry out the

judgment or order that is challenged in the writ of

error shall be automatically stayed for twenty days

and if the writ is timely allowed and signed, the

stay shall continue until the return date set forth

in the writ. If a writ of error is timely filed, such

proceedings shall be stayed until the final deter -

mination of the writ. If the writ goes to judgment

in the Supreme Court or Appellate Court, 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).

The automatic stay only applies to proceedings

to enforce or carry out the judgment or order that

is being challenged in the writ of error and does

not stay any other trial court proceedings. There

shall be no automatic stay if a writ of error is filed

challenging an order of civil contempt, summary

criminal contempt or any decisions under Section

61-11 (b) and (c) in accordance with the rules

for appeals.

Any aggrieved nonparty plaintiff in error or

defendant in error or a party may file a motion to

terminate or impose a stay in matters covered by

this section, either before or after the judgment

or order is rendered, based upon the existence

of a writ of error. Such a motion shall be filed in

accordance with the procedures in Section 61-11

(d) and (e) or Section 61-12. Whether acting on

a motion of a party, a nonparty plaintiff in error or

defendant in error or sua sponte, the judge shall

hold a hearing prior to terminating the automatic

stay.

In a family matter, the trial judge shall consider:

(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) the need to preserve the rights

of the nonparty bringing the writ of error to obtain

effective relief if the writ is successful; (4) the

effect, if any, of the automatic orders under Section 25-5 on any of the foregoing considerations;

and (5) any other factors affecting the equities of

the parties and aggrieved nonparties. The judge

who entered the order in a family matter from

which a writ of error is brought may terminate

any stay in that matter upon motion of a party

or nonparty or sua sponte, after considering the

factors set forth above.

History

(Adopted June 6, 2018, to take effect Sept. 1, 2018.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
791735e16b4299745d852647caba8f726615004c6cb4676e28d9fee9fd3c4295
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Conn. Practice Book § 72-3A — Stays · binding.law