Connecticut Practice Book Links - Part 2

Connecticut Practice Book - Part 2 (links to PDF)

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pracbk_09b-copyright SUPERIOR COURT--PROCEDURE IN FAMILY MATTERS CHAPTER 25 GENERAL PROVISIONS Sec. 25-1 Definitions Applicable to Proceedings on Family Matters Sec. 25-2 Complaints for Dissolution of Marriage or Civil Union, Legal Separation, or Annulment Sec. 25-3 Action for Custody of Minor Child Sec. 25-4 Action for Visitation of Minor Child Sec. 25-5 Automatic Orders upon Service of Complaint or Application Sec. 25-6 Parties and Appearances Sec. 25-7 Pleadings in General; Amendments to Complaint or Application Sec. 25-8 --Amendment; New Ground for Dissolution of Marriage or Civil Union Sec. 25-9 --Answer, Cross Complaint, Claims for Relief by Defendant Sec. 25-10 --Answer to Cross Complaint Sec. 25-11 --Order of Pleadings Sec. 25-12 Motion to Dismiss Sec. 25-13 --Grounds on Motion to Dismiss Sec. 25-14 --Waiver and Subject Matter Jurisdiction Sec. 25-15 --Further Pleading by Defendant Sec. 25-16 Motion to Strike; In General Sec. 25-17 --Date for Hearing Sec. 25-18 --Reasons Sec. 25-19 --Memorandum of Law Sec. 25-20 --When Memorandum of Decision Required Sec. 25-21 --Substitute Pleading; Judg-Üjyment Sec. 25-22 --Stricken Pleading Part of Another Cause or Defense Sec. 25-23 Motions, Requests, Orders of Notice, and Short Calendar Sec. 25-24 Motions Sec. 25-25 Motion for Exclusive Possession Sec. 25-26 Modification of Custody, Alimony or Support Sec. 25-27 Motion for Contempt Sec. 25-28 Order of Notice Sec. 25-29 Notice of Orders for Support or Alimony Sec. 25-30 Statements to Be Filed Sec. 25-31 Discovery and Depositions Sec. 25-32 Mandatory Disclosure and Production Sec. 25-33 Judicial Appointment of Expert Witnesses Sec. 25-34 Procedure for Short Calendar Sec. 25-35 Disclosure of Conference Recommendation Sec. 25-36 Motion for Decree Finally Dissolving Marriage or Civil Union after Decree of Legal Separation Sec. 25-37 --Notice and Hearing Sec. 25-38 Judgment Files Sec. 25-39 Miscellaneous Rules Sec. 25-40 Habeas Corpus in Family Matters; the Petition Sec. 25-41 --Preliminary Consideration Sec. 25-42 --Dismissal Sec. 25-43 --The Return Sec. 25-44 --Reply to the Return Sec. 25-45 --Schedule for Filing Pleadings Sec. 25-46 --Summary Judgment as to Writ of Habeas Corpus Sec. 25-47 --Discovery Sec. 25-48 Dockets, Pretrials and Assignment for Disposition Sec. 25-49 Definitions Sec. 25-50 Case Management Sec. 25-51 When Motion for Default for Failure to Appear Does Not Apply Sec. 25-52 Failure to Appear for Scheduled Disposition Sec. 25-53 Reference of Family Matters Sec. 25-54 Order of Trial; Argument by Counsel Sec. 25-55 Medical Evidence Sec. 25-56 Production of Documents at Hearing or Trial Sec. 25-57 Affidavit concerning Children Sec. 25-58 Reports of Dissolution of Marriage or Civil Union and Annulment Sec. 25-59 Closure of Courtroom in Family Matters Sec. 25-59A Sealing Files or Limiting Disclosure of Documents in Family Matters Sec. 25-60 Family Division Evaluations and Studies Sec. 25-61 Family Division Sec. 25-62 Appointment of Guardian Ad Litem Sec. 25-63 Right to Counsel in Family Civil Contempt Proceedings Sec. 25-64 --Waiver Sec. 25-65 Family Support Magistrates; Procedure Sec. 25-66 Appeal from Decision of Family Support Magistrate Sec. 25-67 Support Enforcement Services Sec. 25-68 Right to Counsel in State Initiated Paternity Actions Sec. 25-69 Social Services; Additional Duties SUPERIOR COURT--PROCEDURE IN JUVENILE MATTERS CHAPTER 26 DEFINITIONS Sec. 26-1 Definitions Applicable to Proceedings on Juvenile Matters CHAPTER 27 RECEPTION AND PROCESSING OF DELINQUENCY AND FAMILY WITH SERVICE NEEDS COMPLAINTS OR PETITIONS Sec. 27-1 Complaints; In General Sec. 27-1A Referrals for Nonjudicial Handling of Delinquency Complaints Sec. 27-2 --Insufficient Allegations in Complaints Sec. 27-3 --Sufficient Allegations in Complaints Sec. 27-4 Additional Offenses and Misconduct Sec. 27-4A Ineligibility for Nonjudicial Handling of Delinquency Complaint Sec. 27-5 Initial Interview for Delinquency Nonjudicial Handling Eligibility Sec. 27-6 Denial of Responsibility Sec. 27-7 --Written Statement of Responsibility Sec. 27-8 --Scheduling of Judicial Plea/Dispositional Hearing Sec. 27-8A Nonjudicial Supervision--Del-Üjyinquency Sec. 27-9 Family with Service Needs Referrals CHAPTER 28 DELINQUENCY AND FAMILY WITH SERVICE NEEDS NONJUDICIAL SUPERVISION Sec. 28-1 Nonjudicial Supervision CHAPTER 29 RECEPTION AND PROCESSING OF DELINQUENCY, CHILD FROM FAMILY WITH SERVICE NEEDS AND YOUTH IN CRISIS PETITIONS AND DELINQUENCY INFORMATIONS Sec. 29-1 Contents of Delinquency, Family with Service Needs, and Youth In Crisis Petitions or Delinquency Inf Sec. 29-1A Processing of Delinquency Petitions and Informations Sec. 29-1B Processing of Family With Service Needs and Youth In Crisis Petitions Sec. 29-2 Service of Petitions CHAPTER 30 DETENTION Sec. 30-1 Notice and Statement by Person Bringing Child to Detention Sec. 30-1A Admission to Detention Sec. 30-2 Release Sec. 30-2A Family with Service Needs and Detention Sec. 30-3 Advisement of Rights Sec. 30-4 Notice to Parents by Detention Personnel Sec. 30-5 Detention Time Limitations Sec. 30-6 Basis for Detention Sec. 30-7 Place of Detention Hearings Sec. 30-8 Initial Order for Detention; Waiver of Hearing Sec. 30-9 Information Allowed at Detention Hearing Sec. 30-10 Orders of a Judicial Authority after Initial Detention Hearing Sec. 30-11 Detention after Dispositional Hearing CHAPTER 30a DELINQUENCY, FAMILY WITH SERVICE NEEDS AND YOUTH IN CRISIS HEARINGS Sec. 30a-1 Initial Plea Hearing Sec. 30a-2 Pretrial Conference Sec. 30a-3 --Standards of Proof; Burden of Going Forward Sec. 30a-4 Plea Canvass Sec. 30a-5 Dispositional Hearing Sec. 30a-6 --Statement on Behalf of Victim Sec. 30a-7 Recording of Hearings Sec. 30a-8 Records CHAPTER 31 DELINQUENCY AND FAMILY WITH SERVICE NEEDS HEARING Sec. 31-1 Adjudicatory Hearing; Actions by Judicial Authority Sec. 31-2 --Continuance for Pretrial Conference Sec. 31-3 --Burden of Going Forward Sec. 31-4 --Physical Presence of Child Sec. 31-5 Dispositional Hearing; Factors to Be Considered by Judicial Authority Sec. 31-6 --When Held; Evidence and Predispositional Study Sec. 31-7 --Availability of Predispositional Study to Counsel and Parties Sec. 31-8 --Dispositional Plan Offered by Child or Parent Sec. 31-9 --Statement on Behalf of Victim Sec. 31-10 Modification of Probation and Supervision Sec. 31-11 Take into Custody Sec. 31-12 Physical and Mental Examinations Sec. 31-13 Mentally Ill Children CHAPTER 31a DELINQUENCY, FAMILY WITH SERVICE NEEDS AND YOUTH IN CRISIS MOTIONS AND APPLICATIONS Sec. 31a-1 Motions and Amendments Sec. 31a-1A Continuances and Advance-Üjyments Sec. 31a-2 Motion for Bill of Particulars Sec. 31a-3 Motion to Dismiss Sec. 31a-4 Motion to Suppress Sec. 31a-5 Motion for Judgment of Acquittal Sec. 31a-6 Motion for Transfer of Venue Sec. 31a-7 Motion in Limine Sec. 31a-8 Motion for Sequestration Sec. 31a-9 Severance of Offenses Sec. 31a-10 Trial Together on Petitions or Informations Sec. 31a-11 Motion for New Trial Sec. 31a-12 Motion to Transfer to Adult Criminal Docket Sec. 31a-13 Take into Custody Order Sec. 31a-13A Temporary Custody Order--Family with Service Needs Petition Sec. 31a-14 Physical and Mental Examinations Sec. 31a-15 Mentally Ill Children Sec. 31a-16 Discovery Sec. 31a-17 Disclosure of Defenses in Delinquency Proceedings Sec. Ücl10.2Ý31a-18 Modification of Probation and Supervision Sec. Ücl10.2Ý31a-19 Motion for Extension of Delinquency Commitment; Motion for Review of Permanency Plan Sec. 31a-19A Motion for Extension or Revocation of Family with Service NeedsÜjyCommitment; Motion for Review of P Sec. 31a-20 Petition for Violation of Family with Service Needs Post-Adjudicatory Orders CHAPTER 32 NEGLECTED, UNCARED FOR AND DEPENDENT CHILDREN AND TERMINATION OF PARENTAL RIGHTS Sec. 32-1 Initiation of Judicial Proceeding; Contents of Petitions and Summary of Facts Sec. 32-2 --Summons Accompanying Petitions Sec. 32-3 --Venue Sec. 32-4 --Identity or Location of Parent Unknown Sec. 32-5 --Address of Person Entitled to Personal Service Unknown Sec. 32-6 Order of Temporary Custody; Application and Sworn Statement Sec. 32-7 --Statement in Temporary Custody Order of Respondent's Rights and of Subsequent Hearing Sec. 32-8 --Authority of Temporary Custodian Sec. 32-9 --Emergency, Life-Threatening Medical Situations--Procedures CHAPTER 32a RIGHTS OF PARTIES NEGLECTED, UNCARED FOR AND DEPENDENT CHILDREN AND TERMINATION OF PARENTAL RIGHTS Sec. 32a-1 Right to Counsel and to Remain Silent Sec. 32a-2 Hearing Procedure; Subpoenas Sec. 32a-3 Standards of Proof Sec. 32a-4 Child or Youth Witness Sec. 32a-5 Consultation with Child or Youth Sec. 32a-6 Interpreter Sec. 32a-7 Records Sec. 32a-8 Use of Confidential Alcohol or Drug Abuse Treatment Records As Evidence Sec. 32a-9 Competency of Parent CHAPTER 33 HEARINGS CONCERNING NEGLECTED, UNCARED FOR AND DEPENDENT CHILDREN AND TERMINATION OF PARENTAL RIGHTS Sec. 33-1 Adjudicatory Hearing; Actions by Judicial Authority Sec. 33-2 --Continuance for Case Status Conference Sec. 33-3 --Evidence Sec. 33-4 --Burden of Proceeding Sec. 33-5 Dispositional Hearing; Evidence and Social Study Sec. 33-6 --Availability of Social Study to Counsel and Parties Sec. 33-7 --Dispositional Plan Offered by Respondents Sec. 33-8 Protective Supervision--Conditions and Modification Sec. 33-9 Extension Petitions Sec. 33-10 Revocation of Commitments Sec. 33-11 Modifications Sec. 33-12 Coterminous Petitions Sec. 33-13 Transfer from Probate Court of Petitions for Removal of Parent as Guardian CHAPTER 33a PETITIONS FOR NEGLECT, UNCARED FOR, DEPENDENCY AND TERMINATION OF PARENTAL RIGHTS: INITIATION OF PROCEEDINGS, ORDERS OF TEMPORARY CUSTODY AND PRELIMINARY HEARINGS Sec. 33a-1 Initiation of Judicial Proceeding; Contents of Petitions and Summary of Facts Sec. 33a-2 Service of Summons, Petitions and Ex Parte Orders Sec. 33a-3 Venue Sec. 33a-4 Identity or Location of Respondent Unknown Sec. 33a-5 Address of Person Entitled to Personal Service Unknown Sec. 33a-6 Order of Temporary Custody; Ex Parte Orders and Orders to Appear Sec. 33a-7 Preliminary Order of Temporary Custody or First Hearing; Actions by Judicial Authority Sec. 33a-8 Emergency, Life-Threatening Medical Situations--Procedures CHAPTER 34 RIGHTS OF PARTIES Sec. 34-1 Right to Counsel and to Remain Silent Sec. 34-2 Hearing Procedure; Subpoenas Sec. 34-3 Standards of Proof Sec. 34-4 Child Witness CHAPTER 34a PLEADINGS, MOTIONS AND DISCOVERY NEGLECTED, UNCARED FOR AND DEPENDENT CHILDREN AND TERMINATION OF PARENTAL RIGHTS Sec. 34a-1 Motions, Requests and Amendments Sec. 34a-2 Short Calendar--Frequency Sec. 34a-3 Short Calendar--Assignments Automatic Sec. 34a-4 Short Calendar--Continuances When Counsel's Presence or Oral Argument Required Sec. 34a-5 Continuances and AdÍvanceÍments Sec. 34a-6 Pleadings Allowed and Their Order Sec. 34a-7 Waiving Right to Plead Sec. 34a-8 Time to Plead Sec. 34a-9 Motion to Dismiss Sec. 34a-10 Grounds of Motion to Dismiss Sec. 34a-11 Waiver Based on Certain Grounds Sec. 34a-12 Waiver and Subject Matter Jurisdiction Sec. 34a-13 Further Pleading by Respondent or Child Sec. 34a-14 Response to Summary of Facts Sec. 34a-15 Motion to Strike Sec. 34a-16 Reasons in Motion to Strike Sec. 34a-17 Memorandum of Law--Motion and Objection Sec. 34a-18 When Memorandum of Decision Required on Motion to Strike Sec. 34a-19 Substitute Pleading; Judgment Sec. 34a-20 Discovery Sec. 34a-21 Court Ordered Evaluations Sec. 34a-22 Motion for Contempt Sec. 34a-23 Motion for Emergency Relief CHAPTER 35 GENERAL PROVISIONS Sec. 35-1 Petitions, Motions and Amend-Üjyments Sec. 35-2 Continuances and Advance-Üjyments Sec. 35-3 Discovery Sec. 35-4 Appeal Sec. 35-5 Recording of Testimony; Records CHAPTER 35a HEARINGS CONCERNING NEGLECTED, UNCARED FOR AND DEPENDENT CHILDREN AND TERMINATION OF PARENTAL RIGHTS Sec. 35a-1 Adjudication upon Acceptance of Admission or Written Plea of Nolo Contendere Sec. 35a-1A Record of the Case Sec. 35a-1B Exclusion of Unnecessary Persons from Courtroom Sec. 35a-2 Case Status Conference or Judicial Pretrial Sec. 35a-3 Coterminous Petitions Sec. 35a-4 Intervening Parties Sec. 35a-5 Notice and Right to Be Heard Sec. 35a-6 Post-Disposition Role of Former Guardian Sec. 35a-6A Consolidation Sec. 35a-7 Evidence Sec. 35a-7A Adverse Inference Sec. 35a-8 Burden of Proceeding Sec. 35a-9 Dispositional Hearing; Evidence and Social Study Sec. 35a-10 Availability of Social Study to Counsel and Parties Sec. 35a-11 Dispositional Plan Offered by Respondents Sec. 35a-12 Protective Supervision--Conditions and Modification Sec. 35a-13 Findings as to Continuation in the Home, Efforts to Prevent Removal Sec. 35a-14 Motions for Review of Permanency Plan Sec. 35a-14A Revocation Sec. 35a-15 Reunification Efforts--Aggravating Factors Sec. 35a-16 Modifications Sec. 35a-17 Motions to Review Plan for Child Whose Parents' Rights Have Been Terminated Sec. 35a-18 Opening Default Sec. 35a-19 Transfer from Probate Court of Petitions for Removal of Parent as Guardian or Termination of Parenta Sec. 35a-20 Motions for Reinstatement of Parent as Guardian or Modification of Guardianship Post-Disposition Sec. 35a-21 Appeals SUPERIOR COURT--PROCEDURE IN CRIMINAL MATTERS CHAPTER 36 PROCEDURE PRIOR TO APPEARANCE Sec. 36-1 Arrest by Warrant; Issuance Sec. 36-2 --Affidavit in Support of Application, Filing, Disclosure Sec. 36-3 --Contents of Warrant Sec. 36-4 --Direction by Judicial Authority for Use of Summons Sec. 36-5 --Execution and Return of Warrant Sec. 36-6 --Cancellation of Warrant Sec. 36-7 Summons; Form of Summons and Complaint Sec. 36-8 --Issuance of Summons by Prosecuting Authority in Lieu of Arrest Warrant Sec. 36-9 --Service of Summons Sec. 36-10 --Failure to Respond to Sum-Üjymons Sec. 36-11 Information and Complaint; Use Sec. 36-12 --Issuance of Information Sec. 36-13 --Form of Information Sec. 36-14 --Former Conviction in Information Sec. 36-15 --Filing and Availability of Information Sec. 36-16 Amendments; Minor Defects Sec. 36-17 --Ücs9.5ÝSubstantive Amendment beforeÜjyÜcs10ÝTrial Sec. 36-18 --Substantive Amendment after Commencement of Trial Sec. 36-19 --Request by Defendant for Essential Facts Sec. 36-20 --Continuance Necessitated by Amendment Sec. 36-21 Joinder of Offenses in Information Sec. 36-22 Joinder of Defendants CHAPTER 37 ARRAIGNMENT Sec. 37-1 Arraignment; Timing Sec. 37-2 --Information and Materials to Be Provided to the Defendant Prior to ArÍraignment Sec. 37-3 --Advisement of Constitutional Rights Sec. 37-4 --Collective Statement Advising of Constitutional Rights Sec. 37-5 --Reference to Public Defender; Investigation of Indigency Sec. 37-6 --Appointment of Public DeÍfender Sec. 37-7 Pleas; In General Sec. 37-8 --Plea of Guilty or Nolo Contendere Sec. 37-9 --Plea of Not Guilty Sec. 37-10 --Taking of Plea when Information in Two Parts Sec. 37-11 --Role of Clerk when Information in Two Parts Sec. 37-12 Defendant in Custody; Determination of Probable Cause CHAPTER 38 PRETRIAL RELEASE Sec. 38-1 Release from Custody; Superior Court Arrest Warrant where Appearance before Clerk Required Sec. 38-2 Release Following Any Other Arrest; Release by Law Enforcement Officers Sec. 38-3 --Release by Bail Commissioner Sec. 38-4 --Release by Judicial Authority Sec. 38-5 --Release by Correctional Offi-Üjycials Sec. 38-6 Appearance after Release Sec. 38-7 Cash Bail Sec. 38-8 Ten Percent Cash Bail Sec. 38-9 Real Estate Bond Sec. 38-10 Factors to Be Considered by the Judicial Authority in Release Decision Sec. 38-11 Request for Judicial Determination of Release Sec. 38-12 Attorneys Not Allowed to Give Bonds Sec. 38-13 Bail Modification; In General Sec. 38-14 --Motion of Parties for Bail Modification Sec. 38-15 --Application of Bail Commissioner Sec. 38-16 --Application of Surety Sec. 38-17 --Hearing on Motion or Application for Modification of Bail Sec. 38-18 --Review of Detention Prior to Arraignment, Trial or Sentencing Sec. 38-19 Violation of Conditions of Bail; Order to Appear Sec. 38-20 --Sanctions for Violation of Conditions of Release Sec. 38-21 --Forfeiture of Bail and Rearrest Warrant Sec. 38-22 Rebate of Forfeited Bonds Sec. 38-23 Discharge of Surety's Obligation CHAPTER 39 DISPOSITION WITHOUT TRIAL Sec. 39-1 Procedure for Plea Discussions; In General Sec. 39-2 --Discussions with Defendant Sec. 39-3 --Role of Defense Counsel Sec. 39-4 --Subject Matter of Discussion Sec. 39-5 Plea Agreements; Upon Plea of Guilty or Nolo Contendere Sec. 39-6 --Alternate Agreements Sec. 39-7 --Notice of Plea Agreement Sec. 39-8 --Sentencing after Acceptance of Plea Agreement Sec. 39-9 --Continuance for Sentencing Sec. 39-10 --Rejection of Plea Agreement Sec. 39-11 Disposition Conference; AsÍsignment of Jury Cases Sec. 39-12 --Effect of Previous Plea Discussions on Disposition Conference Sec. 39-13 --Attendance at Disposition ConÍference Sec. 39-14 --Nature of Disposition Conference; In General Sec. 39-15 --Inability to Reach Agreement Sec. 39-16 --Notice of Agreement to Judicial Authority Sec. 39-17 --Effect of Disposition Conference Sec. 39-18 Plea of Guilty or Nolo Contendere; Entering Sec. 39-19 --Acceptance of Plea; Advice to Defendant Sec. 39-20 --Ensuring That the Plea is Voluntary Sec. 39-21 --Factual Basis for Plea Sec. 39-22 Pleading to Other Offenses after Guilty Finding Sec. 39-23 Previous Offender; Plea to Second Part Sec. 39-24 Record of Proceedings regarding Guilty Pleas Sec. 39-25 Inadmissibility of Rejected Guilty Pleas Sec. 39-26 Withdrawal of Plea; When Allowed Sec. 39-27 --Grounds for Allowing Plea Withdrawal Sec. 39-28 --Effect of Plea Withdrawal Sec. 39-29 Nolle Prosequi Sec. 39-30 --Objection by Defendant to Nolle Prosequi Sec. 39-31 --Effect of Nolle Prosequi Sec. 39-32 --Dismissal Sec. 39-33 Miscellaneous Dispositions CHAPTER 40 DISCOVERY AND DEPOSITIONS Sec. 40-1 Discovery in General; Regulating Discovery Sec. 40-2 --Good Faith Efforts and Subpoenas Sec. 40-3 --Continuing Obligation to DisÍclose Sec. 40-4 --Limitations on Requests or Motions Sec. 40-5 --Failure to Comply with Disclosure Sec. 40-6 --Discovery Performance Sec. 40-7 --Procedures for Disclosure Sec. 40-8 --Objection to Disclosure Sec. 40-9 --Presence during Tests and Experiments Sec. 40-10 --Custody of Materials Sec. 40-11 Disclosure by the Prosecuting Authority; Information and Materials Discoverable by Defendant as of R Sec. 40-12 Discretionary Disclosure DiÍrected to Prosecuting Authority Sec. 40-13 Names of Witnesses; Prior Record of Witnesses; Statements of Witnesses Discoverable by the Parties a Sec. 40-14 Information Not Subject to Disclosure by Prosecuting Authority Sec. 40-15 Disclosure of Statements; Definition of Statement Sec. 40-16 Request for Recess by Defendant upon Receipt of Statement Sec. 40-17 Defense of Mental Disease or Defect or Extreme Emotional Disturbance; Notice by Defendant Sec. 40-18 --Notice by Defendant of Intention to Use Expert Testimony regarding Mental State; Filing Reports of Sec. 40-19 --Prosecutorial Motion for Psychiatric Examination Sec. 40-20 --Failure of Expert to Submit Report Sec. 40-21 Defense of Alibi; Notice by Defendant Sec. 40-22 --Notice by Prosecuting Authority concerning Alibi Defense Sec. 40-23 --Continuing Duty of Parties to Disclose regarding Alibi Defense Sec. 40-24 --Exceptions Sec. 40-25 --Inadmissibility of Withdrawn Alibi Sec. 40-26 Disclosure by the Defendant; Information and Materials Discoverable by the Prosecuting Authority as Sec. 40-27 Discretionary Disclosure DiÍrected to Defendant Sec. 40-28 Derivative Evidence Sec. 40-29 Protective Orders Requested by Defendant Sec. 40-30 Admissibility at Time of Trial Sec. 40-31 Information Not Subject to Disclosure by Defendant Sec. 40-32 Obtaining Nontestimonial Evidence from Defendant Sec. 40-33 --Emergency Procedure regarding Nontestimonial Evidence Sec. 40-34 --Scope of Order for Nontestimonial Evidence Sec. 40-35 --Contents of Order Sec. 40-36 --Service of Order Sec. 40-37 --Implementation of Order Sec. 40-38 --Obtaining Nontestimonial Evidence from Defendant upon Motion of Defendant Sec. 40-39 --Comparing Nontestimonial Evidence Sec. 40-40 Protective Orders; Relief Sec. 40-41 --Grounds for Protective Order Sec. 40-42 --In Camera Proceedings Sec. 40-43 --Excision as Protective Order Sec. 40-44 Depositions; Grounds Sec. 40-45 --Failure to Appear for Deposition Sec. 40-46 --Use of Deposition Sec. 40-47 --Notice and Person Taking Deposition Sec. 40-48 --Protective Order Prior to Deposition Sec. 40-49 --Manner of Taking Deposition Sec. 40-50 --Scope of Examination at Deposition Sec. 40-51 --Objections at Depositions Sec. 40-52 --Protective Order during Deposition Sec. 40-53 --Return of Deposition Sec. 40-54 --Right of Defendant to Be Present and Represented at Deposition Sec. 40-55 --Waiver of Presence and Failure to Appear at Deposition Sec. 40-56 --Definition of Unavailable Sec. 40-57 --Taking and Use in Court of Deposition by Agreement Sec. 40-58 --Expenses of Deposition and Copies CHAPTER 41 PRETRIAL MOTIONS Sec. 41-1 Pretrial Motion Practice; Exclusive Procedures Sec. 41-2 --Matters to Be Raised by Motion Sec. 41-3 --Pretrial Motions and Requests Sec. 41-4 --Failure to Raise Defense, Objection or Request Sec. 41-5 --Time for Making Pretrial Motions or Requests Sec. 41-6 --Form and Manner of Making Pretrial Motions Sec. 41-7 --Hearing and Ruling on Pretrial Motions Sec. 41-8 Motion to Dismiss Sec. 41-9 --Restriction on Motion to DisÍmiss Sec. 41-10 --Defects Not Requiring Dismissal Sec. 41-11 --Remedies for Minor Defects Not Requiring Dismissal Sec. 41-12 Motion to Suppress Sec. 41-13 --Return and Suppression of Seized Property Sec. 41-14 --Suppression of Intercepted Communications Sec. 41-15 --Time for Filing Motion to Suppress Sec. 41-16 --Effect on Seized Property of Granting Motion Sec. 41-17 --Particular Judicial Authority May Not Hear Motion Sec. 41-18 Severance of Offenses Sec. 41-19 Trial Together of Informations Sec. 41-20 Bill of Particulars; Time for Filing Sec. 41-21 --Content of Bill Sec. 41-22 --Furnishing of Bill Sec. 41-23 Transfer of Prosecution; Grounds Sec. 41-24 --Time for Motion to Transfer Sec. 41-25 --Proceedings on Transfer CHAPTER 42 TRIAL PROCEDURE Sec. 42-1 Jury Trials; Right to Jury Trial and Waiver Sec. 42-2 --Two Part Information Sec. 42-3 --Size of Jury Sec. 42-4 --Challenge to Array Sec. 42-5 --Disqualification of Jurors and Selection of Panel Sec. 42-6 --View by Jury of Place or Thing Involved in Case Sec. 42-7 --ÜtbCommunications between Judicial Authority and Jury Sec. 42-8 --Communications between Parties and Jurors Sec. 42-9 --Juror Questions and Note Taking Sec. 42-10 Selection of Jury; Deaf or Hearing Impaired Jurors Sec. 42-11 --Preliminary Proceedings in Jury Selection Sec. 42-12 --Voir Dire Examination Sec. 42-13 --Peremptory Challenges Sec. 42-14 --Oath and Admonitions to Trial Jurors Sec. 42-15 Motion in Limine Sec. 42-16 Requests to Charge and Exceptions; Necessity for Sec. 42-17 --Filing Requests Sec. 42-18 --Form and Contents of Requests to Charge Sec. 42-19 --Charge Conference Sec. 42-20 Submission for Verdict; Role of Judicial Authority in Trial Sec. 42-21 Jury Deliberations Sec. 42-22 Sequestration of Jury Sec. 42-23 Materials to Be Submitted to Jury Sec. 42-24 Modification of Instructions for Correction or Clarification Sec. 42-25 --Other Instructions after Additional Instructions Sec. 42-26 Jury Requests for Review of Testimony Sec. 42-27 Jury Requests for Additional Instructions Sec. 42-28 Deadlocked Jury Sec. 42-29 Verdict; Return of Verdict Sec. 42-30 --Acceptance of Verdict Sec. 42-31 --Poll of Jury after Verdict Sec. 42-32 --Discharge of Jury Sec. 42-33 --Impeachment of Verdict Sec. 42-34 Trial without Jury Sec. 42-35 Order of Parties Proceeding at Trial Sec. 42-36 Sequestration of Witnesses Sec. 42-37 Time Limits in Argument Sec. 42-38 Order of Proceeding of Defendants Sec. 42-39 Judicial Appointment of Expert Witnesses Sec. 42-40 Motions for Judgment of Acquittal; In General Sec. 42-41 --At Close of Prosecution's Case Sec. 42-42 --At Close of Evidence Sec. 42-43 Motion for Mistrial; For Prejudice to Defendant Sec. 42-44 --For Prejudice to State Sec. 42-45 Jury's Inability to Reach Verdict Sec. 42-46 Control of Judicial Proceedings; Restraint of Disruptive Defendant Sec. 42-47 --Removal of Disruptive Defendant Sec. 42-48 --Cautioning Parties and Witnesses Sec. 42-49 Closure of Courtroom in Criminal Cases Sec. 42-49A Sealing or Limiting Disclosure of Documents in Criminal Cases Sec. 42-50 Motion for Judgment of Acquittal; After Mistrial Sec. 42-51 --Upon Verdict of Guilty Sec. 42-52 --Time for Filing Motion for Judgment of Acquittal Sec. 42-53 Motion for New Trial; In General Sec. 42-54 --Time for Filing Motion for New Trial Sec. 42-55 --Time for Filing Motion for New Trial Based on Newly Discovered Evidence Sec. 42-56 Motion in Arrest of Judgment CHAPTER 43 SENTENCING, JUDGMENT, AND APPEAL Sec. 43-1 Posttrial Release Following Appeal by Prosecuting Authority Sec. 43-2 Posttrial Release Following Conviction Sec. 43-3 Presentence Investigation and Report; Waiver; Alternative Incarceration and Plan Sec. 43-4 --Scope of Investigation or AsÍsessment Sec. 43-5 --Participation of Defense Counsel in Report Preparation Sec. 43-6 --Period of Continuance to Complete Report Sec. 43-7 --Persons Receiving Report Sec. 43-8 --Prohibition against Making Copies Sec. 43-9 --Use and Disclosure of Reports Sec. 43-10 Sentencing Hearing; Procedures to Be Followed Sec. 43-11 --Role at Sentencing of Prosecuting Authority Sec. 43-12 --Role of Prosecuting Authority at Sentencing when There Was a Plea Agreement Sec. 43-13 --Familiarization with Report by Defense Counsel Sec. 43-14 --Correction of Report Indicated by Defense Counsel Sec. 43-15 --Undisclosed Plea Agreement Sec. 43-16 --Submission of Supplementary Documents by Defense Counsel Sec. 43-17 Payment of Fines; Inquiry concerning Ability Sec. 43-18 --Incarceration for Failure to Pay Sec. 43-19 --Payment and Satisfaction Sec. 43-20 --Mittimus Sec. 43-21 Reduction of Definite Sentence Sec. 43-22 Correction of Illegal Sentence Sec. 43-23 Sentence Review; Appearance of Counsel Sec. 43-24 --Time for Filing Application for Sentence Review Sec. 43-25 --Preparation of Documents by Clerk Sec. 43-26 --Additional Material for Sentence Review Sec. 43-27 --Hearing on Sentence Review Application Sec. 43-28 --Scope of Review Sec. 43-29 Revocation of Probation Sec. 43-29A Notice of Motions to Modify or Enlarge Conditions of Probation or Conditional Discharge or Terminate Sec. 43-30 Notification of Right to Appeal Sec. 43-31 Stay of Imprisonment upon Appeal Sec. 43-32 Stay of Probation upon Appeal Sec. 43-33 Appointment of Initial Counsel for Appeal by Indigent Defendant Sec. 43-34 Attorney's Finding That Appeal is Wholly Frivolous; Request by Initial Counsel To Withdraw Sec. 43-35 --Submission of Brief Sec. 43-36 --Finding That Appeal is FrivÍoÍlous Sec. 43-37 --Finding That Appeal is Not Frivolous Sec. 43-38 --Disqualification of Presiding Judge Sec. 43-39 Speedy Trial; Time Limitations Sec. 43-40 --Excluded Time Periods in Determining Speedy Trial Sec. 43-41 --Motion for Speedy Trial; Dismissal Sec. 43-42 --Definition of Commencement of Trial Sec. 43-43 --Waiver of Speedy Trial Provisions CHAPTER 44 GENERAL PROVISIONS Sec. 44-1 Right to Counsel; Appointment in Specific Instances Sec. 44-2 --Appointment in Other Instances Sec. 44-3 --Waiver of Right to Counsel Sec. 44-4 --Standby Counsel for Defendant Self-Represented Sec. 44-5 --Role of Standby Counsel Sec. 44-6 --Standby Counsel for Disruptive Defendant Sec. 44-7 Presence of Defendant; Attire of Incarcerated Defendant or Witness Sec. 44-8 --When Presence of Defendant is and is Not Required at Trial and Sentencing Sec. 44-9 --Obtaining Presence of Unexcused Defendant at Trial or Sentencing Sec. 44-10 --Where Presence of Defendant Not Required Sec. 44-10A --Where Presence of Defendant May Be by Means of an Interactive Audiovisual Device Sec. 44-11 Docketing and Scheduling in General of Criminal Cases Sec. 44-12 --Control of Scheduling Sec. 44-13 --Scheduling for Proceedings before Trial; Continuances Sec. 44-14 --Assignments for Plea in Judicial District Court Location Sec. 44-15 --Scheduling at Entry of Plea Sec. 44-16 --Scheduling from Trial List Sec. 44-17 --Motion to Advance Sec. 44-18 --Continuances Sec. 44-19 Reference to Judge Trial Referee Sec. 44-20 Appointment of Guardian Ad Litem Sec. 44-21 Infractions and Violations; When Treated as an Offense Sec. 44-22 --Form of Summons and Complaint for Infractions and Violations Sec. 44-23 --When Custody Not Required Sec. 44-24 --When Custody Required Sec. 44-25 --Plea of Nolo Contendere to Infraction or Violation Sec. 44-26 --Pleas of Not Guilty to Infraction or Violation Sec. 44-27 --Hearing of Infractions, Violations to Which Not Guilty Plea Filed Sec. 44-28 --Location of Infractions Bureau and Role of Clerks Sec. 44-29 --Powers of Centralized Infractions Bureau Sec. 44-30 --Hearing by Magistrates of Infractions and Certain Motor Vehicle Violations Sec. 44-31 Motion to Quash Subpoena Pursuant to Inquiry into Commission of Crime Sec. 44-32 Fees and Expenses; Return of Subpoenas Sec. 44-33 --Indigent Witnesses Sec. 44-34 --Fees for Witnesses Sec. 44-35 --Officer's Fees on Extradition; Habeas Corpus Sec. 44-36 --Fee on Motion to Open Certain Judgments Sec. 44-37 Definition of Terms RULES OF APPELLATE PROCEDURE CHAPTER 60 GENERAL PROVISIONS RELATING TO APPELLATE RULES AND APPELLATE REVIEW Sec. 60-1 Rules to Be Liberally Interpreted Sec. 60-2 Supervision of Procedure Sec. 60-3 Suspension of the Rules Sec. 60-4 Definitions Sec. 60-5 Review by the Court; Plain Error; Preservation of Claims Sec. 60-6 Appellate Jurists Sitting as Superior Court Judges CHAPTER 61 REMEDY BY APPEAL Sec. 61-1 Right of Appeal Sec. 61-2 Appeal of Judgment on Entire Complaint, Counterclaim or Cross Complaint Sec. 61-3 Appeal of Judgment on Part of Complaint, Counterclaim or Cross Complaint That Disposes of All Claims Sec. 61-4 Appeal of Judgment That Disposes of At Least One Cause of Action While Not Disposing of Either (1) A Sec. 61-5 Deferring Appeal until Judgment Rendered That Disposes of Case for All Purposes and as to All Partie Sec. 61-6 Appeal of Judgment or Ruling in Criminal Case Sec. 61-7 Joint and Consolidated Appeals Sec. 61-8 Cross Appeals Sec. 61-9 Decisions Subsequent to Filing of Appeal; Amended Appeals Sec. 61-10 Responsibility of Appellant to Provide Adequate Record for Review Sec. 61-11 Stay of Execution in Noncriminal Cases Sec. 61-12 Discretionary Stays Sec. 61-13 Stay of Execution in Criminal Case Sec. 61-14 Review of Order concerning Stay; When Stay May Be Requested from Court Having Appellate Jurisdiction Sec. 61-15 Stay of Execution in Death Penalty Case Sec. 61-16 Notification of (1) Bankruptcy Filing, (2) Disposition of Bankruptcy Case and (3) Order of Bankruptc CHAPTER 62 CHIEF JUDGE, APPELLATE CLERK AND DOCKET: GENERAL ADMINISTRATIVE MATTERS Sec. 62-1 Chief Judge Sec. 62-2 Clerk Sec. 62-3 Entry of Cases Sec. 62-4 Case to Remain on Docket of Trial Court Sec. 62-5 Changes in Parties Sec. 62-6 Signature on Papers Sec. 62-7 Matters of Form; Filings; Certification to Counsel Sec. 62-8 Names of Counsel; Appearance Sec. 62-8A Attorneys of Other Jurisdictions Participating Pro Hac Vice on Appeal Sec. 62-9 Withdrawal of Appearance Sec. 62-9A Hybrid Representation; Re-Üjymoval or Substitution of Counsel in Criminal Appeals Sec. 62-10 Files to Be Available to Parties Sec. 62-11 Files and Records Not to Be Removed CHAPTER 63 FILING THE APPEAL; WITHDRAWALS Sec. 63-1 Time to Appeal Sec. 63-2 Expiration of Time Limitations; Counting Days Sec. 63-3 Filing Appeal in General; Number of Copies Sec. 63-4 Additional Papers to Be Filed by Appellant and Appellee when Filing Appeal Sec. 63-5 Fees Sec. 63-6 Waiver of Fees, Costs and Security--Civil Cases Sec. 63-7 Waiver of Fees, Costs and Security--Criminal Cases Sec. 63-8 Ordering and Filing of Transcripts Sec. 63-8A Electronic Copies of Transcripts Sec. 63-9 Filing Withdrawals of Appeals or Writs of Error Sec. 63-10 Preargument Conferences CHAPTER 64 PROCEDURE CONCERNING MEMORANDUM OF DECISION Sec. 64-1 Statement of Decision by Trial Court; When Required; How Stated; Contents Sec. 64-2 Exceptions to Section 64-1 CHAPTER 65 TRANSFER OF CASES Sec. 65-1 Transfer of Cases by Supreme Court Sec. 65-2 Motion for Transfer from Appellate Court to Supreme Court Sec. 65-3 Transfer of Petitions for Review of Bail Orders from Appellate Court to Supreme Court Sec. 65-4 Transfer of Matters Brought to Wrong Court CHAPTER 66 MOTIONS AND OTHER PROCEDURES Sec. 66-1 Extension of Time Sec. 66-2 Motions, Petitions and Applications; Supporting Memoranda Sec. 66-3 Motion Procedures and Filing Sec. 66-4 Hearings on Motions Sec. 66-5 Motion for Rectification; Motion for Articulation Sec. 66-6 Motion for Review; In General Sec. 66-7 Motion for Review of Motion for Rectification of Appeal or Articulation Sec. 66-8 Motion to Dismiss CHAPTER 67 BRIEFS Sec. 67-1 Brief and Appendix Sec. 67-2 Format; Copies Sec. 67-3 Page Limitations; Time for Filing Briefs Sec. 67-4 The Appellant's Brief; Contents and Organization Sec. 67-5 The Appellee's Brief; Contents and Organization Sec. 67-6 Statutory (§ 53a-46b) Review of Death Sentences Sec. 67-7 The Amicus Curiae Brief Sec. 67-8 The Appendix Sec. 67-9 Citation of Unreported Decisions Sec. 67-10 Citation of Supplemental Authorities after Brief Is Filed Sec. 67-11 Table of Authorities; Citation of Cases Sec. 67-12 Stay of Briefing Obligations upon Filing of Certain Motions after Appeal Is Taken Sec. 67-13 Briefs in Family and Juvenile Matters and Other Matters involving Minor Children CHAPTER 68 RECORD Sec. 68-1 Responsibilities of Trial Court Clerk regarding Copying Case File and Additions to Case File Made af Sec. 68-2 Record Preparation Sec. 68-3 Record Contents Sec. 68-4 Record Format Sec. 68-5 Record where More than One Appeal Sec. 68-6 Record where Several Cases Present Same Question Sec. 68-7 Record Filing Sec. 68-8 Supplements Sec. 68-9 Evidence Not to Be Included in Record Sec. 68-10 Record in Administrative Appeals; Exceptions Sec. 68-11 Decision to Be Part of Record CHAPTER 69 ASSIGNMENT OF CASES FOR ARGUMENT Sec. 69-1 Printed Docket Sec. 69-2 Cases Ready for Assignment Sec. 69-3 Time for Assignments; Order of Assignment CHAPTER 70 ARGUMENTS AND MEDIA COVERAGE OF COURT PROCEEDINGS Sec. 70-1 Right to Oral Argument Sec. 70-2 When Oral Argument Not Required Sec. 70-3 Order of Argument Sec. 70-4 Time Allowed for Oral Argument; Who May Argue Sec. 70-5 Points to Be Argued Sec. 70-6 Reconsideration when Court Evenly Divided Sec. 70-7 Consideration En Banc and Reargument En Banc Sec. 70-8 Special Sessions Sec. 70-9 Coverage of Court Proceedings by Cameras and Electronic Media Sec. 70-10 Cameras and Electronic Media; Coverage of Supreme and Appellate Court Proceedings by News Media CHAPTER 71 APPELLATE JUDGMENTS AND OPINIONS Sec. 71-1 Appellate Judgment Files Sec. 71-2 Costs Included in Judgments Sec. 71-3 Motion to Reconsider Costs Sec. 71-4 Opinions; Rescripts; Notice Sec. 71-5 Motions for Reconsideration; Motions for Reconsideration En Banc Sec. 71-6 Stay of Proceedings Sec. 71-7 Stays of Execution Pending Decision by United States Supreme Court CHAPTER 72 WRITS OF ERROR Sec. 72-1 Writs of Error; In General Sec. 72-2 Form Sec. 72-3 Applicable Procedure Sec. 72-4 Applicability of Rules CHAPTER 73 RESERVATIONS Sec. 73-1 Procedure; Form CHAPTER 74 APPEALS FROM JUDICIAL REVIEW COUNCIL Sec. 74-1 Time to Take; Form; Filing; Costs Sec. 74-2 Papers to Be Filed Sec. 74-3 Costs and Security Not Required Sec. 74-4 Decision of Council; Remand by Supreme Court Sec. 74-5 Parties Sec. 74-6 Applicability of Rules Sec. 74-7 Action on Recommendation when No Appeal Sec. 74-8 Initiation of Action by Supreme Court CHAPTER 75 APPEALS FROM COUNCIL ON PROBATE JUDICIAL CONDUCT Sec. 75-1 Time to Take; Form; Filing; Costs Sec. 75-2 Papers to Be Filed Sec. 75-3 Costs and Security Not Required Sec. 75-4 Decision of Council; Remand by Supreme Court Sec. 75-5 Parties Sec. 75-6 Applicability of Rules CHAPTER 76 APPEALS IN WORKERS' COMPENSATION CASES Sec. 76-1 Applicability of Rules Sec. 76-2 Filing Appeal Sec. 76-3 Record; Preparation of Case File; Exhibits Sec. 76-4 Fees and Costs Sec. 76-5 Reservation of Case Sec. 76-6 Definitions CHAPTER 77 PROCEDURES CONCERNING COURT CLOSURE AND SEALING ORDERS OR ORDERS LIMITING THE DISCLOSURE OF FILES, AFFIDAVITS, DOCUMENTS OR OTHER MATERIAL Sec. 77-1 Expedited Review of an Order concerning Court Closure, or an Order that Seals or Limits the Disclosu Sec. 77-2 Sealing Orders; Treatment of Lodged Records CHAPTER 78 REVIEW OF GRAND JURY RECORD OR FINDING ORDER Sec. 78-1 Review of an Order concerning Disclosure of Grand Jury Record or Finding CHAPTER 78a REVIEW OF ORDERS CONCERNING RELEASE ON BAIL Sec. 78a-1 Petition for Review of Order Concerning Release on Bail CHAPTER 79 APPEALS IN JUVENILE MATTERS Sec. 79-1 Time to Take; Form; Filing; Costs Sec. 79-2 Clerk's Duties Sec. 79-3 Inspection of Records Sec. 79-4 Hearings; Confidentiality Sec. 79-5 Briefs CHAPTER 80 APPEALS IN HABEAS CORPUS PROCEEDINGS FOLLOWING CONVICTION Sec. 80-1 Certification to Appeal; Procedure on Appeal CHAPTER 81 APPEALS TO APPELLATE COURT BY CERTIFICATION FOR REVIEW IN ACCORDANCE WITH GENERAL STATUTES CHAPTERS 124 AND 440 Sec. 81-1 Petition; Where to File; Time to File; Service; Fee Sec. 81-2 Form of Petition Sec. 81-3 Statement in Opposition to Petition Sec. 81-4 Proceedings after Certification by Appellate Court Sec. 81-5 Extensions of Time Sec. 81-6 Filing of Regulations CHAPTER 82 CERTIFIED QUESTIONS TO OR FROM COURTS OF OTHER JURISDICTIONS Sec. 82-1 Certification of Questions from Other Courts Sec. 82-2 Method of Initiating Sec. 82-3 Contents of Certification Request Sec. 82-4 Preparation of Certification Request Sec. 82-5 Receipt; Costs of Certification Sec. 82-6 Briefs and Argument Sec. 82-7 Opinion Sec. 82-8 Certification of Questions to Other Courts CHAPTER 83 CERTIFICATION PURSUANT TO GENERAL STATUTES § 52-265a IN CASES OF SUBSTANTIAL PUBLIC INTEREST Sec. 83-1 Application; In General Sec. 83-2 Application Granted Sec. 83-3 Application Denied Sec. 83-4 Unavailability of Chief Justice CHAPTER 84 APPEALS TO SUPREME COURT BY CERTIFICATION FOR REVIEW Sec. 84-1 Certification by Supreme Court Sec. 84-2 Basis for Certification Sec. 84-3 Stay of Execution Sec. 84-4 Petition; Time to File; Where to File; Service; Fee Sec. 84-5 Form of Petition Sec. 84-6 Statement in Opposition to Petition Sec. 84-7 Extensions of Time Sec. 84-8 Grant or Denial of Certification Sec. 84-9 Proceedings after Certification; Appeals Deemed Pending Sec. 84-10 Record Sec. 84-11 Papers to Be Filed by Appellant and Appellee Sec. 84-12 Applicability of Rules CHAPTER 84a MATTERS WITHIN SUPREME COURT'S ORIGINAL JURISDICTION IN WHICH FACTS MAY BE FOUND Sec. 84a-1 Application of Rules Sec. 84a-2 Pleadings and Motions Sec. 84a-3 Discovery Sec. 84a-4 Reference of Issues of Fact Sec. 84a-5 Evidence Sec. 84a-6 Other Officers CHAPTER 85 SANCTIONS Sec. 85-1 Lack of Diligence in Prosecuting or Defending Appeal Sec. 85-2 Other Actions Subject to Sanctions Sec. 85-3 Procedure on Sanctions CHAPTER 86 RULES CHANGES; EFFECTIVE DATE; APPLICABILITY Sec. 86-1 Publication of Rules; Effective Date Sec. 86-2 Rule Changes; Applicability to Pending Appeals REFERENCE TABLES 1978-1997 to 1998 1998 to 1978-1997 TABLE OF PRACTICE BOOK CHANGES STATUTES NOTED pracbk_indu-copyright INDEX pracbk_frmu-copyright APPENDIX OF FORMS Form 101 Heading of Pleadings - Motions and Requests Form 201 Plaintiff's Interrogatories Form 202 Defendant's Interrogatories Form 203 Plaintiff's Interrogatories - Premises Liability Cases Form 204 Plaintiff's Requests for Production Form 205 Defendant's Requests for Production Form 206 Plaintiff's Requests for Production - Premises Liability