Connecticut Practice Book - Part 1 (links to PDF)
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EXPLANATORY NOTES
TABLE OF CONTENTS
pracbk_08a.pdf
THE ATTORNEY'S OATH
RULES OF PROFESSIONAL CONDUCT
Preamble: A Lawyer's Responsibilities
Scope
Rule 1.0
CLIENT-LAWYER RELATIONSHIPS
Rule 1.1
Rule 1.2
Rule 1.3
Rule 1.4
Rule 1.5
Rule 1.6
Rule 1.7
Rule 1.8
Rule 1.9
Rule 1.10
Rule 1.11
Rule 1.12
Rule 1.13
Rule 1.14
Rule 1.15
Rule 1.16
Rule 1.17
Rule 1.18
COUNSELOR
Rule 2.1
Rule 2.2
Rule 2.3
Rule 2.4
ADVOCATE
Rule 3.1
Rule 3.2
Rule 3.3
Rule 3.4
Rule 3.5
Rule 3.6
Rule 3.7
Rule 3.8
Rule 3.9
TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS
Rule 4.1
Rule 4.2
Rule 4.3
Rule 4.4
LAW FIRMS AND ASSOCIATIONS
Rule 5.1
Rule 5.2
Rule 5.3
Rule 5.4
Rule 5.5
Rule 5.6
PUBLIC SERVICE
Rule 6.1
Rule 6.2
Rule 6.3
Rule 6.4
Rule 6.5
INFORMATION ABOUT LEGAL SERVICES
Rule 7.1
Rule 7.2
Rule 7.3
Rule 7.4
Rule 7.4A
Rule 7.4B
Rule 7.4C
Rule 7.5
MAINTAINING THE INTEGRITY OF THE PROFESSION
Rule 8.1
Rule 8.2
Rule 8.3
Rule 8.4
Rule 8.5
CODE OF JUDICIAL CONDUCT
Canon 1
Canon 2
Canon 3
Canon 4
Canon 5
Canon 6
Canon 7
CHAPTER AND SECTION HEADINGS OF THE RULES
SUPERIOR COURT--GENERAL PROVISIONS
CHAPTER 1 SCOPE OF RULES
Sec. 1-1 Scope of Rules
Sec. 1-2 Assignments to Take Precedence
Sec. 1-3 Divisions of Superior Court
Sec. 1-4 Family Division
Sec. 1-5 Civil Division
Sec. 1-6 Criminal Division
Sec. 1-7 Housing Division (Only in Judicial Districts Specified by Statute)
Sec. 1-8 Rules to Be Liberally Interpreted
Sec. 1-9 Publication of Rules; Effective Date
Sec. 1-10 Possession of Electronic Devices in Court Facilities
Sec. 1-10A Definition of ``Media''
Sec. 1-10B Media Coverage of Court Proceedings; In General
Sec. 1-11 Media Coverage of Criminal Proceedings
Sec. 1-11A Media Coverage of Arraign-Üjyments
Sec. 1-11B Media Coverage of Civil Proceedings
Sec. 1-11C Pilot Program for Media Coverage of Criminal Proceedings
Sec. 1-12 Court Opening
Sec. 1-13 Recess and Adjournment
Sec. 1-13A Contempt
Sec. 1-14 --Criminal Contempt
Sec. 1-15 --Who May Be Punished
Sec. 1-16 --Summary Criminal Contempt
Sec. 1-17 --Deferral of Proceedings
Sec. 1-18 --Nonsummary Contempt Proceedings
Sec. 1-19 --Judicial Authority Disqualification in Nonsummary Contempt Proceedings
Sec. 1-20 --Where No Right to Jury Trial in Nonsummary Proceeding
Sec. 1-21 --Nonsummary Judgment
Sec. 1-21A --Civil Contempt
Sec. 1-22 Disqualification of Judicial Authority
Sec. 1-23 Motion for Disqualification of Judicial Authority
Sec. 1-24 Record of Off-Site Judicial Proceedings
CHAPTER 2 ATTORNEYS
Sec. 2-1 County Court Designations concerning Bar Admission Process
Sec. 2-2 Admission
Sec. 2-3 Examining Committee
Sec. 2-4 --Regulations by Examining Committee
Sec. 2-4A --Records of Examining Committee
Sec. 2-5 --Examination of Candidates for Admission
Sec. 2-6 --Personnel of Examining Committee
Sec. 2-7 Number of Times an Applicant May Sit for the Examination
Sec. 2-8 Qualifications for Admission
Sec. 2-9 Certification of Applicants Recommended for Admission
Sec. 2-10 Admission by Superior Court
Sec. 2-11 Admission by Superior Court with Conditions
Sec. 2-12 County Committees on Recommendations for Admission
Sec. 2-13 Attorneys of Other Jurisdictions; Qualifications and Requirements for Admission
Sec. 2-14 --Action by Bar; Temporary License
Sec. 2-15 --Permanent License
Sec. 2-15A --Authorized House Counsel
Sec. 2-16 --Attorney Appearing Pro Hac Vice
Sec. 2-17 Foreign Legal Consultants; Licensing Requirements
Sec. 2-18 --Filings to Become Foreign Legal Consultant
Sec. 2-19 --Scope of Practice of Foreign Legal Consultants
Sec. 2-20 --Disciplinary Provisions regarding Foreign Legal Consultants
Sec. 2-21 --Affiliation of Foreign Legal Consultant with the Bar of the State of Connecticut
Sec. 2-22 Disposition of Fees for Admission to the Bar
Sec. 2-23 Roll of Attorneys
Sec. 2-24 Notice by Attorney of Admission in Other Jurisdictions
Sec. 2-25 Notice by Attorney of Disciplinary Action in Other Jurisdictions
Sec. 2-26 Notice by Attorney of Change in Address
Sec. 2-27 Clients' Funds; Lawyer Registration
Sec. 2-28 Overdraft Notification
Sec. 2-28A Attorney Advertising; Mandatory Filing
Sec. 2-28B --Advisory Opinions
Sec. 2-29 Grievance Panels
Sec. 2-30 Grievance Counsel for Panels and Investigators
Sec. 2-31 Powers and Duties of Grievance Counsel
Sec. 2-32 Filing Complaints against Attorneys; Action; Time Limitation
Sec. 2-33 Statewide Grievance Committee
Sec. 2-34 Statewide Bar Counsel
Sec. 2-34A Disciplinary Counsel
Sec. 2-35 Action by Statewide Grievance Committee or Reviewing Committee
Sec. 2-36 Action by Statewide Grievance Committee on Request for Review
Sec. 2-37 Sanctions and Conditions Which May Be Imposed by Committees
Sec. 2-38 Appeal from Decision of Statewide Grievance Committee or Reviewing Committee to Reprimand
Sec. 2-39 Reciprocal Discipline
Sec. 2-40 Discipline of Attorneys Convicted of a Felony and Other Matters in Connecticut
Sec. 2-41 Discipline of Attorneys Convicted of a Felony and Other Matters in Another Jurisdiction
Sec. 2-42 Conduct Constituting Threat of Harm to Clients
Sec. 2-43 Notice by Attorney of Alleged Misuse of Clients' Funds and Garnishments of Lawyers' Trust Accounts
Sec. 2-44 Power of Superior Court to Discipline Attorneys and to Restrain Unauthorized Practice
Sec. 2-44A Definition of the Practice of Law
Sec. 2-45 --Cause Occurring in Presence of Court
Sec. 2-46 Suspension of Attorneys Who Violate Support Orders
Sec. 2-47 Presentments and Unauthorized Practice of Law Petitions
Sec. 2-47A Disbarment of Attorney for Misappropriation of Funds
Sec. 2-48 Designee to Prosecute Presentments
Sec. 2-49 Restitution
Sec. 2-50 Records of Statewide Grievance Committee, Reviewing Committee and Grievance Panel
Sec. 2-51 Costs and Expenses
Sec. 2-52 Resignation of Attorney
Sec. 2-53 Reinstatement after Suspension, Disbarment or Resignation
Sec. 2-54 Publication of Notice of Reprimand, Suspension, Disbarment, Resignation, Placement on Inactive Statu
Sec. 2-55 Retirement of Attorney
Sec. 2-56 Inactive Status of Attorney
Sec. 2-57 --Prior Judicial Determination of Incompetency or Involuntary Commitment
Sec. 2-58 --No Prior Determination of Incompetency or Involuntary Commitment
Sec. 2-59 --Disability Claimed during Course of Disciplinary Proceeding
Sec. 2-60 --Reinstatement upon Termination of Disability
Sec. 2-61 --Burden of Proof in Inactive Status Proceedings
Sec. 2-62 --Waiver of Doctor-Patient Privilege upon Application for Reinstatement
Sec. 2-63 Definition of Respondent
Sec. 2-64 Appointment of Attorney to Protect Clients' and Attorney's Interests
Sec. 2-65 Good Standing of Attorney
Sec. 2-66 Practice by Court Officials
Sec. 2-67 Payment of Attorneys by Bank and Trust Companies
Sec. 2-68 Client Security Fund Established
Sec. 2-68A --Crisis Intervention and Referral Assistance
Sec. 2-69 --Definition of Dishonest Conduct
Sec. 2-70 --Client Security Fund Fee
Sec. 2-71 --Eligible Claims
Sec. 2-72 --Client Security Fund Committee
Sec. 2-73 --Powers and Duties of Client Security Fund Committee
Sec. 2-74 --Regulations of Client Security Fund Committee
Sec. 2-75 --Processing Claims
Sec. 2-76 --Confidentiality
Sec. 2-77 --Review of Status of Fund
Sec. 2-78 --Attorney's Fee for Prosecuting Claim
Sec. 2-79 --Enforcement of Payment of Fee
Sec. 2-80 --Restitution by Attorney
Sec. 2-81 --Restitution and Subrogation
Sec. 2-82 Admission of Misconduct; Discipline by Consent
Sec. 2-83 Effective Dates
CHAPTER 3 APPEARANCES
Sec. 3-1 Appearance for Plaintiff on Writ or Complaint in Civil and Family Cases
Sec. 3-2 Time to File Appearance
Sec. 3-3 Form and Signing of Appearance
Sec. 3-4 Filing Appearance with the Clerk--Copies
Sec. 3-5 Service of Appearances on Other Parties--When Required
Sec. 3-6 Appearances for Bail or Detention Hearing Only
Sec. 3-7 Consequence of Filing Appear-Üjyance
Sec. 3-8 Appearance for Represented Party
Sec. 3-9 Withdrawal of Appearance; Duration of Appearance
Sec. 3-10 Motion to Withdraw Appearance
Sec. 3-11 Appearance for Several Parties
Sec. 3-12 Change in Name, Composition or Membership of a Firm or Professional Corporation
Sec. 3-13 When Creditor May Appear and Defend
Sec. 3-14 Legal Interns
Sec. 3-15 --Supervision of Legal Interns
Sec. 3-16 --Requirements and Limitations
Sec. 3-17 --Activities of Legal Intern
Sec. 3-18 --Certification of Intern
Sec. 3-19 --Legal Internship Committee
Sec. 3-20 --Unauthorized Practice
Sec. 3-21 --Out-of-State Interns
CHAPTER 4 PLEADINGS
Sec. 4-1 Form of Pleading
Sec. 4-2 Signing of Pleading
Sec. 4-3 Filing and Endorsing Pleadings
Sec. 4-4 Electronic Filing
Sec. 4-5 Notice Required for Ex Parte Temporary Injunctions
Sec. 4-6 Page Limitations for Briefs
CHAPTER 5 TRIALS
Sec. 5-1 Trial Briefs
Sec. 5-2 Raising Questions of Law Which May Be the Subject of an Appeal
Sec. 5-3 Administering Oath
Sec. 5-4 Examination of Witnesses
Sec. 5-5 Objections to Evidence; Interlocutory Questions; Exceptions Not Required
Sec. 5-6 Reception of Evidence Objected to
Sec. 5-7 Marking Exhibits
Sec. 5-8 Interlocutory Matters
Sec. 5-9 Citation of Opinion Not Officially Published
Sec. 5-10 Sanctions for Counsel's Failure to Appear
CHAPTER 6 JUDGMENTS
Sec. 6-1 Statement of Decision; When Required
Sec. 6-2 Judgment Files; Captions and Contents
Sec. 6-3 --Preparation; When; By Whom; Filing
Sec. 6-4 --Signing of Judgment File
Sec. 6-5 --Notation of Satisfaction
CHAPTER 7 CLERKS; FILES AND RECORDS
Sec. 7-1 Dockets; Clerk's Records
Sec. 7-2 General Duties of Clerk
Sec. 7-3 Financial Accounts
Sec. 7-4 Daybook
Sec. 7-4A Identification of Cases
Sec. 7-4B Motion to File Record under Seal
Sec. 7-4C Lodging a Record
Sec. 7-5 Notice to Attorneys and Pro Se Parties
Sec. 7-6 Filing of Papers
Sec. 7-7 Custody of Files
Sec. 7-8 Lost File or Pleading
Sec. 7-9 Completing Records
Sec. 7-10 Retention and Destruction of Files and Records; Withdrawals, Dismissals, Satisfactions of Judgment
Sec. 7-11 --Judgments on the Merits--Stripping and Retention
Sec. 7-12 --Actions Affecting the Title to Land
Sec. 7-13 --Criminal/Motor Vehicle Files and Records
Sec. 7-14 --Reports from Adult Probation and Family Division
Sec. 7-15 --Retention Ordered by Chief Court Administrator; Transfer to State Library
Sec. 7-16 --Motion to Prevent Destruction of File
Sec. 7-17 Clerks' Offices
Sec. 7-18 Hospital, Psychiatric and Medical Records
Sec. 7-19 Issuing Subpoenas for Witnesses on Behalf of Pro Se Litigants
Sec. 7-20 Records of Short Calendar Matters
Sec. 7-21 Removing Exhibits and Other Papers
SUPERIOR COURT--PROCEDURE IN CIVIL MATTERS
CHAPTER 8 COMMENCEMENT OF ACTION
Sec. 8-1 Mesne Process
Sec. 8-2 Waiver of Court Fees and Costs
Sec. 8-3 Bond for Prosecution
Sec. 8-4 Certification of Financial Responsibility
Sec. 8-5 Remedy for Failure to Give Bond
Sec. 8-6 Bond Ordered by Judicial Authority
Sec. 8-7 Request to Furnish Bond
Sec. 8-8 Member of Community Defending to Give Bond
Sec. 8-9 Bond by Nonresident in Realty Action
Sec. 8-10 Surety Company Bond AcÍceptable
Sec. 8-11 Action on Probate Bond; Endorsement of Writ
Sec. 8-12 Renewal of Bond
CHAPTER 9 PARTIES
Sec. 9-1 Continuance for Absent or Nonresident Defendant
Sec. 9-2 Defense by Garnishee; Continuance
Sec. 9-3 Joinder of Parties and Actions; Interested Persons as Plaintiffs
Sec. 9-4 --Joinder of Plaintiffs in One Action
Sec. 9-5 --Consolidation of Actions
Sec. 9-6 --Interested Persons as DeÍfendants
Sec. 9-7 Class Actions; Prerequisites to Class Actions
Sec. 9-8 --Class Actions Maintainable
Sec. 9-9 --Dismissal or Compromise of Class Action
Sec. 9-10 --Orders to Ensure Adequate Representation
Sec. 9-11 Executor, Administrator or Trustee of Express Trust
Sec. 9-12 Personal Representatives of CoÍcontractor
Sec. 9-13 Persons Liable on Same Instrument
Sec. 9-14 Defendants Alternately Liable
Sec. 9-15 Assignee of Part Interest
Sec. 9-16 Assignment Pending Suit
Sec. 9-17 Unsatisfied Judgment against One Defendant
Sec. 9-18 Addition or Substitution of Parties; Additional Parties Summoned in by Court
Sec. 9-19 --Nonjoinder and Misjoinder of Parties
Sec. 9-20 --Substituted Plaintiff
Sec. 9-21 --Counterclaim; Third Parties
Sec. 9-22 --Motion to Cite in New Parties
Sec. 9-23 Suit by Real Party in Interest
Sec. 9-24 Change of Name by Minor Child
Sec. 9-25 Action on Bond to Municipal Officer
CHAPTER 10 PLEADINGS
Sec. 10-1 Fact Pleading
Sec. 10-2 Pleading Legal Effect
Sec. 10-3 Allegations Based on Statutory Grounds; Foreign Law
Sec. 10-4 Implied Duty
Sec. 10-5 Untrue Allegations or Denials
Sec. 10-6 Pleadings Allowed and Their Order
Sec. 10-7 Waiving Right to Plead
Sec. 10-8 Time to Plead
Sec. 10-9 Common Counts
Sec. 10-10 Supplemental Pleadings; Counterclaims
Sec. 10-11 Impleading of Third Party by Defendant in Civil Action
Sec. 10-12 Service of the Pleading and Other Papers; Responsibility of Counsel or Pro Se Party: Documents and P
Sec. 10-13 --Method of Service
Sec. 10-14 --Proof of Service
Sec. 10-15 --Numerous Defendants
Sec. 10-16 --Several Parties Represented by One Attorney
Sec. 10-17 --Service by Indifferent Person
Sec. 10-18 Penalty for Failing to Plead
Sec. 10-19 Implied Admissions
Sec. 10-20 Contents of Complaint
Sec. 10-21 Joinder of Causes of Action
Sec. 10-22 --Transactions Connected with Same Subject
Sec. 10-23 --Joinder of Torts
Sec. 10-24 --Legal and Equitable Relief
Sec. 10-25 Alternative Relief
Sec. 10-26 Separate Counts
Sec. 10-27 Claim for Equitable Relief
Sec. 10-28 Interest and Costs Need Not Be Claimed
Sec. 10-29 Exhibits as Part of Pleading
Sec. 10-30 Motion to Dismiss; Request for Extension of Time to Respond
Sec. 10-31 --Grounds of Motion to Dismiss
Sec. 10-32 --Waiver Based on Certain Grounds
Sec. 10-33 --Waiver and Subject Matter Jurisdiction
Sec. 10-34 --Further Pleading by Defend-Üjyant
Sec. 10-35 Request to Revise
Sec. 10-36 --Reasons in Request to Revise
Sec. 10-37 --Granting of and Objection to Request to Revise
Sec. 10-38 --Waiver of Pleading Revisions
Sec. 10-39 Motion to Strike
Sec. 10-40 --Date for Hearing Motion to Strike; Request for Extension of Time to Respond
Sec. 10-41 --Reasons in Motion to Strike
Sec. 10-42 --Memorandum of Law--Motion and Objection
Sec. 10-43 --When Memorandum of Decision Required on Motion to Strike
Sec. 10-44 --Substitute Pleading; Judg-Üjyment
Sec. 10-45 --Stricken Pleading Part of Another Cause or Defense
Sec. 10-46 The Answer; General and Special Denial
Sec. 10-47 --Evasive Denials
Sec. 10-48 --Express Admissions and Denials to Be Direct and Specific
Sec. 10-49 --Suit by Corporation; Admission by General Denial
Sec. 10-50 --Denials; Special Defenses
Sec. 10-51 --Several Special Defenses
Sec. 10-52 --Admissions and Denials in Special Defense
Sec. 10-53 --Pleading Contributory Negligence
Sec. 10-54 --Pleading of Counterclaim and Setoff
Sec. 10-55 --Withdrawal of Action after Counterclaim
Sec. 10-56 Subsequent Pleadings; Plaintiff's Response to Answer
Sec. 10-57 --Matter in Avoidance of Answer
Sec. 10-58 --Pleadings Subsequent to Reply
Sec. 10-59 Amendments; Amendment as of Right by Plaintiff
Sec. 10-60 --Amendment by Consent, Order of Judicial Authority, or Failure to Object
Sec. 10-61 --Pleading after Amendment
Sec. 10-62 --Variance; Amendment
Sec. 10-63 --Amendment; Legal or Equitable Relief
Sec. 10-64 --Amendment Calling for Legal Relief; Jury Trial
Sec. 10-65 --Amending Contract to Tort and Vice Versa
Sec. 10-66 --Amendment of Amount in Demand
Sec. 10-67 --Amendment of Claim against Insolvent Estate
Sec. 10-68 Pleading Special Matters; Pleading Notice
Sec. 10-69 --ÜtbForeclosure Complaint; Pleading ÜnbEncumbrances
Sec. 10-70 --Foreclosure of Municipal Liens
Sec. 10-71 --Action on Probate Bond
Sec. 10-72 --Action by Assignee of Chose in Action
Sec. 10-73 --Pleading Charters
Sec. 10-74 --Wrongful Sale; Wrongful Conversion
Sec. 10-75 --Goods Sold; Variance
Sec. 10-76 --Probate Appeals; Reasons of Appeal
Sec. 10-77 --Appeals from Commissioners
Sec. 10-78 --Pleading Collateral Source Payments
Sec. 10-79 --Pleading Issues of Policy Limitations
CHAPTER 11 MOTIONS, REQUESTS, ORDERS OF NOTICE, AND SHORT CALENDAR
Sec. 11-1 Form of Motion and Request
Sec. 11-2 Definition of ``Motion'' and ``Request''
Sec. 11-3 Motion for Misjoinder of Parties
Sec. 11-4 Applications for Orders of Notice
Sec. 11-5 Subsequent Orders of Notice; Continuance
Sec. 11-6 Notice by Publication
Sec. 11-7 Attestation; Publication; Proof of Compliance
Sec. 11-8 Orders of Notice Directed outside of the United States of America
Sec. 11-9 Disclosure of Previous Applications
Sec. 11-10 Requirement that Memorandum of Law Be Filed with Certain Motions
Sec. 11-11 Motions which Delay the Commencement of the Appeal Period or Cause the Appeal Period to Start Again
Sec. 11-12 Motion to Reargue
Sec. 11-13 Short Calendar; Need for List; Case Assigned for Trial; Reclaims
Sec. 11-14 --Short Calendar; Frequency; Time; Lists
Sec. 11-15 --Short Calendar; Assignments Automatic
Sec. 11-16 --Continuances when Counsel's Presence or Oral Argument Required
Sec. 11-17 --Transfers on Short Calendar
Sec. 11-18 --Oral Argument of Motions in Civil Matters
Sec. 11-19 --Time Limit for Deciding Short Calendar Matters
Sec. 11-20 Closure of Courtroom in Civil Cases
Sec. 11-20A Sealing Files or Limiting Disclosure of Documents in Civil Cases
Sec. 11-21 Motions for Attorney's Fees
CHAPTER 12 TRANSFER OF ACTIONS
Sec. 12-1 Procedure for Transfer
Sec. 12-2 Transfer of Action Filed in Wrong Location of Correct Court
Sec. 12-3 Transmission of Files and Papers
CHAPTER 13 DISCOVERY AND DEPOSITIONS
Sec. 13-1 Definitions
Sec. 13-2 Scope of Discovery; In General
Sec. 13-3 --Materials Prepared in Anticipation of Litigation; Statements of Parties
Sec. 13-4 --Experts
Sec. 13-5 --Protective Order
Sec. 13-6 Interrogatories; In General
Sec. 13-7 --Answers to Interrogatories
Sec. 13-8 --Objections to Interrogatories
Sec. 13-9 Requests for Production, Inspection and Examination; In General
Sec. 13-10 --Responses to Requests for Production; Objections
Sec. 13-11 --Physical or Mental Examination
Sec. 13-11A --Motion for Authorization to Obtain Protected Health Information
Sec. 13-12 Disclosure of Amount and Provisions of Insurance Liability Policy
Sec. 13-13 Disclosure of Assets in Cases in Which Prejudgment Remedy Sought
Sec. 13-14 Order for Compliance; Failure to Answer or Comply with Order
Sec. 13-15 Continuing Duty to Disclose
Sec. 13-16 Orders by Judge
Sec. 13-17 Disclosure before Court or Committee
Sec. 13-18 Disclosures in Equity
Sec. 13-19 Disclosure of Defense
Sec. 13-20 Discovery Sought by Judgment Creditor
Sec. 13-21 Discovery Outside the United States of America
Sec. 13-22 Admission of Facts and Execution of Writings; Requests for Admission
Sec. 13-23 --Answers and Objections to Requests for Admission
Sec. 13-24 --Effect of Admission
Sec. 13-25 --Expenses on Failure to Admit
Sec. 13-26 Depositions; In General
Sec. 13-27 --Notice of Deposition; General Requirements; Special Notice; Nonstenographic Recording; Production
Sec. 13-28 --Persons before Whom Deposition Taken; Subpoenas
Sec. 13-29 --Place of Deposition
Sec. 13-30 --Deposition Procedure
Sec. 13-31 --Use of Depositions in Court Proceedings
Sec. 13-32 Stipulations regarding Discovery and Deposition Procedure
CHAPTER 14 DOCKETS, TRIAL LISTS, PRETRIALS AND ASSIGNMENT LISTS
Sec. 14-1 Claim for Statutory Exemption or Stay by Reason of Bankruptcy
Sec. 14-2 Claim for Exemption from Docket Management Program by Reason of Bankruptcy
Sec. 14-3 Dismissal for Lack of Diligence
Sec. 14-4 Maintenance of Case Records
Sec. 14-5 Definition of Administrative Appeals
Sec. 14-6 Administrative Appeals Are Civil Actions
Sec. 14-7 Trial List for Administrative Appeals; Briefs; Placing Cases Thereon
Sec. 14-7A Withdrawal or Settlement of Zoning and Inland Wetlands Appeals to Superior Court
Sec. 14-8 Certifying That Pleadings Are Closed
Sec. 14-9 Privileged Cases in Assignment for Trial
Sec. 14-10 Claims for Jury
Sec. 14-11 Pretrial; Assignment for Pretrial
Sec. 14-12 --When Case Not Disposed of at Pretrial
Sec. 14-13 --Pretrial Procedure
Sec. 14-14 --Orders at Pretrial
Sec. 14-15 Assignments for Trial in General
Sec. 14-16 Methods of Assigning Cases for Trial
Sec. 14-17 Immediate Trial
Sec. 14-18 Cases Reached for Trial
Sec. 14-19 Cases Marked Settled
Sec. 14-20 Order of Trial
Sec. 14-21 Clerk to Communicate with Counsel in Cases Assigned for Week Certain
Sec. 14-22 Assignment for Trial on Motion of Garnishee
Sec. 14-23 Motions to Continue or Postpone Case Assigned for Trial
Sec. 14-24 Motion to Postpone; Absent Witness; Missing Evidence
Sec. 14-25 Availability of Counsel for Trial
CHAPTER 15 TRIALS IN GENERAL; ARGUMENT BY COUNSEL
Sec. 15-1 Order of Trial
Sec. 15-2 Separate Trials
Sec. 15-3 Motion in Limine
Sec. 15-4 Medical Evidence
Sec. 15-5 Order of Parties Proceeding at Trial
Sec. 15-6 Opening Argument
Sec. 15-7 Time Limit on Argument
Sec. 15-8 Dismissal in Court Cases for Failure to Make Out a Prima Facie Case
CHAPTER 16 JURY TRIALS
Sec. 16-1 Deaf or Hearing Impaired Jurors
Sec. 16-2 Challenge to Array
Sec. 16-3 Preliminary Proceedings in Jury Selection
Sec. 16-4 Disqualification of Jurors and Selection of Panel
Sec. 16-5 Peremptory Challenges
Sec. 16-6 Voir Dire Examination
Sec. 16-7 Juror Questions and Note Taking
Sec. 16-8 Oath and Admonitions to Trial Jurors
Sec. 16-9 Questions of Law and Fact
Sec. 16-10 Order by Judicial Authority for Jury Trial of Factual Issues in Equitable Actions
Sec. 16-11 Cases Presenting Both Legal and Equitable Issues
Sec. 16-12 View by Jury of Place or Thing Involved in Case
Sec. 16-13 Judgment of the Court
Sec. 16-14 Communications between Parties and Jurors
Sec. 16-15 Materials to Be Submitted to Jury
Sec. 16-16 Jury Deliberations
Sec. 16-17 Jury Returned for Reconsideration
Sec. 16-18 Interrogatories to the Jury
Sec. 16-19 Reading of Statement of Amount in Demand or Statement of Claim; Arguing Amount Recoverable
Sec. 16-20 Requests to Charge and Exceptions; Necessity for
Sec. 16-21 --Requests to Charge on Specific Claims
Sec. 16-22 --Filing Requests
Sec. 16-23 --Form and Contents of ReÍquests to Charge
Sec. 16-24 --Charge Conference
Sec. 16-25 Modification of Instructions for Correction or Clarification
Sec. 16-26 Other Instructions after Additional Instructions
Sec. 16-27 Jury Request for Review of Testimony
Sec. 16-28 Jury Request for Additional Instructions
Sec. 16-29 Deadlocked Jury
Sec. 16-30 Verdict; Return of Verdict
Sec. 16-31 --Acceptance of Verdict
Sec. 16-32 --Poll of Jury after Verdict
Sec. 16-33 --Discharge of Jury
Sec. 16-34 --Impeachment of Verdict
Sec. 16-35 Motions after Verdict: Motions in Arrest of Judgment, to Set Aside Verdict, for Additur or Remittitu
Sec. 16-36 Motions to Reduce Verdict
Sec. 16-37 Reservation of Decision on Motion for Directed Verdict
Sec. 16-38 Memorandum on Setting Verdict Aside
CHAPTER 17 JUDGMENTS
Sec. 17-1 Judgments in General
Sec. 17-2 Judgment on Verdict and Otherwise
Sec. 17-3 Remittitur where Judgment Too Large
Sec. 17-4 Setting Aside or Opening Judgments
Sec. 17-4A Motions for New Trial
Sec. 17-5 Record of Proceeding; Facts Supporting Judgment to Appear on Record
Sec. 17-6 Form of Finding
Sec. 17-7 Special Finding; Request
Sec. 17-8 --Functions of Special Finding
Sec. 17-9 --Form and Contents of Special Finding
Sec. 17-10 Modifying Judgment after Appeal
Sec. 17-11 Offer of Compromise by Defendant; How Made
Sec. 17-12 --Acceptance of Defendant's Offer
Sec. 17-13 --Defendant's Offer Not Accepted
Sec. 17-14 Offer of Compromise by Plaintiff; How Made
Sec. 17-14A --Alleged Negligence of Health Care Provider
Sec. 17-15 --Acceptance of Plaintiff's Offer
Sec. 17-16 --Plaintiff's Offer Not Accepted
Sec. 17-17 --Offer of Compromise and Acceptance Included in Record
Sec. 17-18 --Judgment where Plaintiff Recovers an Amount Equal to or Greater than Offer
Sec. 17-19 Procedure where Party Fails to Comply with Order of Judicial Authority or to Appear for Trial
Sec. 17-20 Motion for Default and Nonsuit for Failure to Appear
Sec. 17-21 Defaults under Servicemembers Civil Relief Act
Sec. 17-22 Notice of Judgments of Nonsuit and Default for Failure to Enter an Appearance
Sec. 17-23 Contract Actions to Pay a Definite Sum where There is a Default for Failure to Appear; Limitations
Sec. 17-24 --Promise to Pay Liquidated Sum
Sec. 17-25 --Motion for Default and Judgment; Affidavit of Debt; Military Affidavit; Bill of Costs; Debt Instru
Sec. 17-26 --Order for Weekly Payments
Sec. 17-27 --Entry of Judgment
Sec. 17-28 --Enforcement of Judgment
Sec. 17-29 --Default Motion Not on Short Calendar
Sec. 17-30 Summary Process; Default and Judgment for Failure to Appear or Plead
Sec. 17-31 Procedure where Party is in Default
Sec. 17-32 Where Defendant is in Default for Failure to Plead
Sec. 17-33 When Judgment May Be Rendered after a Default
Sec. 17-34 Hearings in Damages; Notice of Defenses
Sec. 17-35 --Requirements of Notice; Time
Sec. 17-36 --Notice by Clerk
Sec. 17-37 --Notice of Defense to Be Specific
Sec. 17-38 --Amending Notice of Defense
Sec. 17-39 --No Reply Allowed
Sec. 17-40 --Evidence to Reduce Damages
Sec. 17-41 Relief Permissible on Default
Sec. 17-42 Opening Defaults where Judgment Has Not Been Rendered
Sec. 17-43 Opening Judgment upon Default or Nonsuit
Sec. 17-44 Summary Judgments; Scope of Remedy
Sec. 17-45 --Proceedings upon Motion for Summary Judgment; Request for Extension of Time to Respond
Sec. 17-46 --Form of Affidavits
Sec. 17-47 --When Appropriate Documents Are Unavailable
Sec. 17-48 --Affidavits Made in Bad Faith
Sec. 17-49 --Judgment
Sec. 17-50 --Triable Issue as to Damages Only
Sec. 17-51 --Judgment for Part of Claim
Sec. 17-52 Executions
Sec. 17-53 Summary Process Executions
Sec. 17-54 Declaratory Judgment; Scope
Sec. 17-55 --Conditions for Declaratory Judgment
Sec. 17-56 --Procedure for Declaratory Judgment
Sec. 17-57 --Costs in Declaratory Judg-Üjyment
Sec. 17-58 --Declaratory Judgment Ap-Üjypealable
Sec. 17-59 --Order of Priorities in Declaratory Judgment
CHAPTER 18 FEES AND COSTS
Sec. 18-1 Vouchers for Court Expenses
Sec. 18-2 Costs on Appeal from Commissioners
Sec. 18-3 Costs on Creditor's Appeal
Sec. 18-4 Eminent Domain; Clerk's Fees
Sec. 18-5 Taxation of Costs; Appeal
Sec. 18-6 Costs on Writ of Error
Sec. 18-7 Costs on Interlocutory Proceedings
Sec. 18-8 Jury Fee where More than One Trial
Sec. 18-9 Nonresident Witnesses; Fees
Sec. 18-10 Witness Fees in Several Suits
Sec. 18-11 Witness Not Called; Fees
Sec. 18-12 Costs where Several Issues
Sec. 18-13 Several Defendants; Costs
Sec. 18-14 Fees and Costs where Plaintiffs Join or Actions Are Consolidated
Sec. 18-15 Costs where Both Legal and Equitable Issues
Sec. 18-16 Costs on Complaint and Counterclaim
Sec. 18-17 Costs on Counterclaim
Sec. 18-18 Costs for Exhibits
Sec. 18-19 Proceedings before Judge; No Costs
CHAPTER 19 REFERENCES
Sec. 19-1 Application of Chapter
Sec. 19-2 Reference to Committee
Sec. 19-2A Reference to Attorney Trial Referee
Sec. 19-3 Reference to Judge Trial Referee
Sec. 19-4 Attorney Trial Referees; Time to File Report
Sec. 19-5 Appointment of Committee or Referee
Sec. 19-6 Effect of Reference
Sec. 19-7 Pleadings
Sec. 19-8 Report
Sec. 19-9 Request for Finding
Sec. 19-10 Alternative Report
Sec. 19-11 Amending Report
Sec. 19-12 Motion to Correct
Sec. 19-13 Exceptions to Report or Finding
Sec. 19-14 Objections to Acceptance of Report
Sec. 19-15 Time to File Objections
Sec. 19-16 Judgment on the Report
Sec. 19-17 Function of the Court
Sec. 19-18 Extensions of Time
Sec. 19-19 Reference to Accountant
CHAPTER 20 HEARINGS IN CHAMBERS
Sec. 20-1 Procedure in Contested Matters
Sec. 20-2 Certifying Proceedings to Court
Sec. 20-3 Transfer of Hearings before Judges
Sec. 20-4 Trial before Judge; Lodging File and Papers
Sec. 20-5 Lodging Papers in Cause Affecting Land
Sec. 20-6 Clerk Designated by Judge to Take Papers
CHAPTER 21 RECEIVERS
Sec. 21-1 Appointment of Temporary ReÍceiver in Chambers
Sec. 21-2 Permanent Receiver
Sec. 21-3 Appointments by Court
Sec. 21-4 Receiver to Give Bond
Sec. 21-5 Inventory
Sec. 21-6 Insolvent Estates to Be LiqÍuiÍdated
Sec. 21-7 Presentation and Allowance of Claims; Presentation
Sec. 21-8 --Allowance; Hearing
Sec. 21-9 --Extensions of Time
Sec. 21-10 --Hearing before Action on Allowance
Sec. 21-11 Continuance of Business
Sec. 21-12 Reports where Business Continued
Sec. 21-13 Semiannual Summary of Orders
Sec. 21-14 Semiannual Accounts
Sec. 21-15 Orders in Chambers
Sec. 21-16 Duty of Clerks
Sec. 21-17 Removal of Receivers
Sec. 21-18 Ancillary Receivers
Sec. 21-19 Receiver of Rents; Applicability of Previous Sections
Sec. 21-20 --Appointment
Sec. 21-21 --Bond
Sec. 21-22 --Discharge
Sec. 21-23 --Orders
Sec. 21-24 --Reports
CHAPTER 22 UNEMPLOYMENT COMPENSATION
Sec. 22-1 Appeal
Sec. 22-2 Assignment for Hearing
Sec. 22-3 Finding
Sec. 22-4 Correction of Finding; Motion to Correct Finding
Sec. 22-5 --Evidence to Be Filed by ApÍpellee
Sec. 22-6 --Motion to Correct by Appellee
Sec. 22-7 --Duty of Board on Motion to Correct
Sec. 22-8 --Claiming Error on Board's Decision on Motion to Correct
Sec. 22-9 Function of the Court
CHAPTER 23 MISCELLANEOUS REMEDIES AND PROCEDURES
Sec. 23-1 Arbitration; Confirming, Correcting or Vacating Award
Sec. 23-2 Expedited Process Cases
Sec. 23-3 --Placement on the Expedited Process Track
Sec. 23-4 --Pleadings Allowed in Expedited Process Track Cases
Sec. 23-5 --Motions Allowed
Sec. 23-6 --Discovery Allowed
Sec. 23-7 --Discovery Procedure for Expedited Process Cases
Sec. 23-8 --Certification That Pleadings Are Closed
Sec. 23-9 --Case Management Conference for Expedited Process Track Cases
Sec. 23-10 --Transfer to Regular Docket
Sec. 23-11 --Offers of Judgment
Sec. 23-12 --Trial of Cases on Expedited Process Track
Sec. 23-13 Granting of Complex Litigation Status and Assignment
Sec. 23-14 --Powers of Judge Assigned in Complex Litigation Cases
Sec. 23-15 --Request for Complex Litigation Status
Sec. 23-16 Foreclosure of Mortgages
Sec. 23-17 --Listing of Law Days
Sec. 23-18 --Proof of Debt in Foreclosures
Sec. 23-19 --Motion for Deficiency Judg-Üjyment
Sec. 23-20 Review of Civil Contempt
Sec. 23-21 Habeas Corpus
Sec. 23-22 --The Petition
Sec. 23-23 --Return of Noncomplying Petition
Sec. 23-24 --Preliminary Consideration of Judicial Authority
Sec. 23-25 --Waiver of Filing Fees and Costs of Service
Sec. 23-26 --Appointment of Counsel
Sec. 23-27 --Venue for Habeas Corpus
Sec. 23-28 --Transfer of Habeas Corpus
Sec. 23-29 --Dismissal
Sec. 23-30 --The Return
Sec. 23-31 --Reply to the Return
Sec. 23-32 --Amendments
Sec. 23-33 --Request for a More Specific Statement
Sec. 23-34 --Summary Procedures for Habeas Corpus Petitions
Sec. 23-35 --Schedule for Filing Pleadings
Sec. 23-36 --The Expanded Record
Sec. 23-37 --Summary Judgment in Habeas Corpus
Sec. 23-38 --Discovery in Habeas Corpus
Sec. 23-39 --Depositions in Habeas Corpus
Sec. 23-40 --Court Appearance in Habeas Corpus
Sec. 23-41 --Motion for Leave to Withdraw Appearance of Appointed Counsel
Sec. 23-42 --Judicial Action on Motion for Permission to Withdraw Appearance
Sec. 23-43 Interpleader; Pleadings
Sec. 23-44 --Procedure in Interpleader
Sec. 23-45 Mandamus; Parties Plaintiff
Sec. 23-46 --Mandamus Complaint
Sec. 23-47 --Mandamus in Aid of Pending Action
Sec. 23-48 --Temporary Order of Manda-Üjymus
Sec. 23-49 --Pleadings in Mandamus
Sec. 23-50 Writs of Error
Sec. 23-51 Petition to Open Parking or Citation Assessment
Sec. 23-52 Fact-Finding; Approval of Fact Finders
Sec. 23-53 --Referral of Cases to Fact Finders
Sec. 23-54 --Selection of Fact Finders; Disqualification
Sec. 23-55 --Hearing in Fact-Finding
Sec. 23-56 --Finding of Facts
Sec. 23-57 --Objections to Acceptance of Finding of Facts
Sec. 23-58 --Action by Judicial Authority
Sec. 23-59 --Failure to Appear at Hearing
Sec. 23-60 Arbitration; Approval of Arbitrators
Sec. 23-61 --Referral of Cases to Arbitrators
Sec. 23-62 --Selection of Arbitrators; Disqualification
Sec. 23-63 --Hearing in Arbitration
Sec. 23-64 --Decision of Arbitrator
Sec. 23-65 --Failure to Appear at Hearing before Arbitrator
Sec. 23-66 --Claim for Trial De Novo in Arbitration; Judgment
Sec. 23-67 Alternative Dispute Resolution
Sec. 23-68 Where Presence of Person May Be by Means of an Interactive Audiovisual Device
CHAPTER 24 SMALL CLAIMS
Sec. 24-1 In General
Sec. 24-2 Allowable Actions
Sec. 24-3 Institution of Actions
Sec. 24-4 Where Claims Shall Be Filed
Sec. 24-5 Venue
Sec. 24-6 Definition of ``Representative''
Sec. 24-7 What Constitutes File
Sec. 24-8 Institution of Small Claims Actions; Beginning of Action
Sec. 24-9 --Preparation of Writ
Sec. 24-10 --Service of Small Claims Writ and Notice of Suit
Sec. 24-11 --Further Service of Claim
Sec. 24-12 --Answer Date
Sec. 24-13 --Alternative Method of Commencing Action
Sec. 24-14 --Notice of Time and Place of Hearing
Sec. 24-15 --Scheduling of Hearings; Continuances
Sec. 24-16 Answers; Requests for Time to Pay
Sec. 24-17 --Prohibition of Certain Plead-Üjyings
Sec. 24-18 --Plaintiff to Inquire as to Answer Filed
Sec. 24-19 --Claim of Setoff or Counterclaim
Sec. 24-20 --Amendment of Claim or Answer, Setoff or Counterclaim; Motion to Dismiss
Sec. 24-20A --Request for Documents; Depositions
Sec. 24-21 Transfer to Regular Docket
Sec. 24-22 Hearings in Small Claims Actions; Subpoenas
Sec. 24-23 --Procedure
Sec. 24-24 Judgments in Small Claims; When Presence of the Plaintiff or Representative is Not Required for Entr
Sec. 24-25 --Failure of the Defendant To Answer
Sec. 24-26 --Failure of a Party to Appear before the Court when Required
Sec. 24-27 --Dismissal for Failure To Obtain Judgment
Sec. 24-28 --Finality of Judgments and Decisions
Sec. 24-29 --Decision in Small Claims; Time Limit
Sec. 24-30 --Satisfying Judgment
Sec. 24-31 --Opening Judgment; Costs
Sec. 24-32 Execution in Small Claims Actions
Sec. 24-33 Costs in Small Claims