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Conn. Practice Book § 79a-2

Time To Appeal

activein force · 2020-08-04 – presentact-effective-date

(a) General provisions

Unless a different period is provided by statute,

appeals from judgments of the Superior Court in

child protection matters shall be filed within twenty

days from the issuance of notice of the rendition

of the decision or judgment from which the appeal

is filed. A judge may, for good cause shown, extend

the time limit provided for filing the appeal. In no

event shall the judge extend the time for filing the

appeal to a date which is more than twenty days

from the expiration date of the initial appeal period,

except in the case of an appeal in a termination

of parental rights proceeding, for which the time

for filing an appeal may be extended to a date no

more than forty days from the expiration of the

initial appeal period. Where a motion for extension

of the period of time within which to appeal has

been filed at least ten days before expiration of the

time limit sought to be extended, and such motion

is denied, the party seeking to appeal shall have

no less than ten days from issuance of notice of

the denial of the motion for extension in which to

file the appeal.

(b) When appeal period begins

If notice of the judgment or decision is given in

open court, the appeal period shall begin on that

day. If notice of the judgment or decision is given

only by mail or by electronic delivery, the appeal

period shall begin on the day that notice of the

judgment or decision is sent to counsel of record

by the clerk for juvenile matters. The failure to

give notice of judgment to a nonappearing party

shall not affect the running of the appeal period.

(c) How a new appeal period is created

If a motion is filed within the appeal period that,

if granted, would render the judgment or decision

ineffective, then a new twenty day appeal period

for filing the appeal shall begin on the day that

notice of the ruling is given on the last such outstanding motion. Such motions include, but are

not limited to, motions that seek: the opening or

setting aside of the judgment; a new trial; reargument of the judgment or decision; or any alteration

of the terms of the judgment. Motions that do not

give rise to a new appeal period include those

that seek: clarification or articulation, as opposed

to alteration, of the terms of the judgment or decision; a written or transcribed statement of the trial

court’s decision; or reargument or reconsideration

of a motion listed in this paragraph.

If, within the appeal period, any application is

filed, pursuant to Section 79a-4, seeking waiver

of fees, costs and security or appointment of appellate counsel, a new twenty day appeal period or

statutory period for filing the appeal is not created.

If a party files, pursuant to Section 66-6, a motion

for review of the denial of any such application,

a new appeal period shall begin on the day that

notice of the ruling is given on the motion for review.

(d) What may be appealed during new

appeal period

If a new appeal period is created under Section

79a-2 (c), the new appeal period may be used for

appealing the original judgment or decision and/

or for appealing any order that gave rise to the

new appeal period. Such period may also be used

for amending an existing appeal pursuant to Section 61-9 to challenge the ruling that gave rise to

the new appeal period. Rulings on applications

for waiver of fees, costs and security or motions

for appointment of appellate counsel may not

be appealed during the new appeal period but

shall be challenged solely by motion for review in

accordance with Section 66-6.

(e) Limitation of time to appeal

Unless a new appeal period is created pursuant

to Section 79a-2 (c), the time to file a child protection appeal shall not be extended past forty days

(the original twenty days plus one twenty day

extension for appellate review pursuant to Section

79a-3) from the date of issuance of notice of the

rendition of the judgment or decision, except in

the case of an appeal in a termination of parental

rights proceeding, for which the time for filing an

appeal shall not be extended beyond sixty days

(the original twenty days plus one forty day extension) from the date of issuance of notice of the

rendition of the judgment or decision.

Any party seeking to extend the time to file a

child protection appeal past the limited appeal

periods in this subsection shall seek permission

to file a late appeal from the Appellate Court pursuant to Section 60-2 (5). Any motion for permission to file a late appeal in a child protection matter shall state the current status of any motion

or application pending in the Superior Court and

shall include an appendix with: (1) the decision or

order of the Superior Court sought to be appealed

and (2) a list of all parties to the case in the Superior Court with the names, addresses, telephone

numbers, email addresses and, if applicable, the

juris numbers of their counsel.

History

(Adopted Nov. 17, 2011, to take effect Feb. 1, 2012; amended April 30, 2014, to take effect Aug. 1, 2014; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended July 19, 2017, to take effect Oct. 8, 2017; amended July 23, 2020, to take effect Aug. 4, 2020.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
9114930f2b3feec9015a9a05baddafcbf0290a17148c30532ed447884a6af97e
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Conn. Practice Book § 79a-2 — Time To Appeal · binding.law