CT · rules
Conn. Practice Book § 72-3A
Stays
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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