Practice Book Revisions Superior Court Rules Forms July 12, 2016

July 12, 2016 Page 1PBCONNECTICUT LAW JOURNAL

Practice Book Revisions

Superior Court Rules

Forms

July 12, 2016

July 12, 2016 Page 3PBCONNECTICUT LAW JOURNAL

NOTICE

SUPERIOR COURT

On June 24, 2016, the judges of the Superior Court adopted the

revisions to the Practice Book that are contained herein.

These revisions become effective on January 1, 2017, except that

the amendments to Section 7-17 become effective on July 12, 2016.

Attest:

Joseph J. Del Ciampo

Deputy Director, Legal Services

INTRODUCTION

Contained herein are revisions to the Superior Court rules and forms.

These revisions are indicated by brackets for deletions and underlines

for added language. The designation ‘‘NEW’’ is printed with the title

of each new rule and form. This material should be used as a supple-

ment to the Practice Book until the next edition becomes available.

The Commentaries to the Superior Court rules and forms are for

informational purposes only.

Rules Committee of the

Superior Court

July 12, 2016 Page 5PBCONNECTICUT LAW JOURNAL

CHAPTER AND SECTION HEADINGS OF THE RULES

SUPERIOR COURT—GENERAL PROVISIONS

CHAPTER 2

ATTORNEYS

Sec.

2-16. —Attorney Appearing Pro Hac Vice

2-27A. (NEW) Minimum Continuing Legal Education

CHAPTER 3

APPEARANCES

Sec.

3-9. Withdrawal of Appearance; Duration of Appearance

CHAPTER 7

CLERKS; FILES AND RECORDS

Sec.

7-17. Clerks’ Offices

7-19. Issuing Subpoenas for Witnesses on Behalf of Self-Repre-

sented Litigants

SUPERIOR COURT—PROCEDURE IN CIVIL MATTERS

CHAPTER 8

COMMENCEMENT OF ACTION

Sec.

8-3. Bond for Prosecution [Repealed]

8-3A. (NEW) Bond for Prosecution or Recognizance

8-4. Certification of Financial Responsibility [Repealed]

8-5. Remedy for Failure to Give Bond [Repealed]

8-6. Bond Ordered by Judicial Authority [Repealed]

Page 6PB July 12, 2016CONNECTICUT LAW JOURNAL

8-7. Request to Furnish Bond [Repealed]

8-8. Member of Community Defending to Give Bond [Repealed]

8-9. Bond by Nonresident in Realty Action [Repealed]

8-10. Surety Company Bond Acceptable

8-11. Action on Probate Bond; Endorsement of Writ [Repealed]

8-12. Renewal of Bond

CHAPTER 10

PLEADINGS

Sec.

10-32. —Waiver Based on Certain Grounds

10-60. —Amendment by Consent, Order of Judicial Authority, or

Failure to Object

10-66. —Amendment of Amount in Demand

CHAPTER 11

MOTIONS, REQUESTS, ORDERS OF NOTICE,

AND SHORT CALENDAR

Sec.

11-1. Form of Motion and Request

CHAPTER 13

DISCOVERY AND DEPOSITIONS

Sec.

13-3. —Materials Prepared in Anticipation of Litigation;

Statements of Parties; Privilege Log

13-4. —Experts

13-6. Interrogatories; In General

13-7. —Answers to Interrogatories

13-8. —Objections to Interrogatories

13-9. Requests for Production, Inspection and Examination; In

General

13-10. —Responses to Requests for Production; Objections

13-28. —Persons before Whom Deposition Taken; Subpoenas

July 12, 2016 Page 7PBCONNECTICUT LAW JOURNAL

CHAPTER 14

DOCKETS, TRIAL LISTS, PRETRIALS AND

ASSIGNMENT LISTS

Sec.

14-7A. —Administrative Appeals Brought Pursuant to General Stat-

utes § 4-183 et seq.; Appearances; Records, Briefs and

Scheduling

CHAPTER 16

JURY TRIALS

Sec.

16-15. Materials to Be Submitted to Jury

CHAPTER 17

JUDGMENTS

Sec.

17-32. Where Defendant is in Default for Failure to Plead

17-45. —Proceedings upon Motion for Summary Judgment;

Request for Extension of Time to Respond

CHAPTER 23

MISCELLANEOUS REMEDIES AND PROCEDURES

Sec.

23-45. Mandamus; Parties Plaintiff; Complaint

23-46. —Mandamus Complaint [Repealed]

23-47. —Mandamus Order in [Aid of] a Pending Action

23-68. Where Presence of Person May Be by Means of an Inter-

active Audiovisual Device

CHAPTER 24

SMALL CLAIMS

Sec.

24-21. Transfer to Regular Docket

Page 8PB July 12, 2016CONNECTICUT LAW JOURNAL

SUPERIOR COURT-PROCEDURE IN FAMILY MATTERS

CHAPTER 25

GENERAL PROVISIONS

Sec.

25-5B. (NEW) Automatic Orders upon Filing of Joint Petition - Non-

adversarial Divorce

25-34. Procedure for Short Calendar

25-61A. (NEW) Standing Committee on Guardians ad Litem and

Attorneys for the Minor Child in Family Matters

25-62. Appointment of Guardian ad Litem

25-62A. Appointment of Attorney for the Minor Child

SUPERIOR COURT—PROCEDURE IN FAMILY SUPPORT

MAGISTRATE MATTERS

CHAPTER 25a

FAMILY SUPPORT MAGISTRATE MATTERS

Sec.

25a-1A. (NEW) Notice of IV-D Child Support Enforcement Services

SUPERIOR COURT-PROCEDURE IN JUVENILE MATTERS

CHAPTER 35a

HEARINGS CONCERNING NEGLECTED, ABUSED AND

UNCARED FOR CHILDREN AND TERMINATIO OF

PARENTAL RIGHTS

Sec.

35a-14. Motions for Review of Permanency Plan

35a-19. Transfer from Probate Court of Petitions for Removal of

Parent as Guardian or Termination of Parental Rights

July 12, 2016 Page 9PBCONNECTICUT LAW JOURNAL

SUPERIOR COURT-PROCEDURE IN CRIMINAL MATTERS

CHAPTER 43

SENTENCING, JUDGMENT, AND APPEAL

Sec.

43-29. Revocation of Probation

CHAPTER 44

GENERAL PROVISIONS

Sec.

44-10A. —Where Presence of Defendant May Be by Means of an

Interactive Audiovisual Device

APPENDIX OF FORMS

Form

201 Plaintiff’s Interrogatories

202 Defendant’s Interrogatories

203 Plaintiff’s Interrogatories Premises Liability Cases

204 Plaintiff’s Requests for Production

205 Defendant’s Requests for Production

206 Plaintiff’s Request for Production-Premises Liability

207 Interrogatories—Actions to Establish, Enforce or Modify

Child Support Orders

208 Defendant’s Supplemental Interrogatories Workers’

Compensation Benefits—No Intervening Plaintiff

209 Defendant’s Supplemental Requests for Production

Workers’ Compensation Benefits—No Intervening Plaintiff

210 Defendant’s Interrogatories Workers’ Compensation

Benefits—Intervening Plaintiff

211 Defendant’s Requests for Production Workers’ Compensa-

tion Benefits-Intervening Plaintiff

212 (NEW) Defendant’s Interrogatories—Loss of Consortium

July 12, 2016 Page 11PBCONNECTICUT LAW JOURNAL

AMENDMENTS TO THE GENERAL PROVISIONS

OF THE SUPERIOR COURT RULES

Sec. 2-16. —Attorney Appearing Pro Hac Vice

An attorney who is in good standing at the bar of another state, the

District of Columbia, or the commonwealth of Puerto Rico, may, upon

special and infrequent occasion and for good cause shown upon writ-

ten application presented by a member of the bar of this state, be

permitted in the discretion of the court to participate to such extent as

the court may prescribe in the presentation of a cause or appeal in

any state court [of] or a proceeding before any municipal or state

agency, commission, board or tribunal (hereinafter referred to as ‘‘pro-

ceeding’’) in this state; provided, however, that (1) such application

shall be accompanied by the affidavit of the applicant (a) certifying

whether such applicant has a grievance pending against him or her

in any other jurisdiction, has ever been reprimanded, suspended,

placed on inactive status, disbarred, or otherwise disciplined, or has

ever resigned from the practice of law and, if so, setting forth the

circumstances concerning such action, (b) certifying that the applicant

has paid the client security fund fee due for the calendar year in which

the application has been made, (c) designating the chief clerk of the

superior court for the judicial district in which the attorney will be

appearing as his or her agent upon whom process and service of

notice may be served, (d) agreeing to register with the statewide

grievance committee in accordance with the provisions of this chapter

while appearing in the matter in this state and for two years after the

completion of the matter in which the attorney appeared, and to notify

Page 12PB July 12, 2016CONNECTICUT LAW JOURNAL

the statewide grievance committee of the expiration of the two year

period, [and] (e) identifying the number of [cases in which] times the

attorney has appeared pro hac vice in the superior court or in any

other proceedings of this state since the attorney first appeared pro

hac vice in this state, listing each such case or proceeding by name

and docket number, as applicable, and (f) providing any previously

assigned juris number and (2) unless excused by the judicial authority,

a member of the bar of this state must be present at all proceedings,

including depositions in a proceeding, and must sign all pleadings,

briefs and other papers filed with the court, local or state administrative

agency, commission, board or tribunal, and assume full responsibility

for them and for the conduct of the cause or proceeding and of the

attorney to whom such privilege is accorded. Any such application

shall be made on a form prescribed by the chief court administrator.

Where feasible, the application shall be made to the judge before

whom such [cause] case is likely to be tried. If not feasible, or if no

case is pending before the superior court, the application shall be

made to the administrative judge in the judicial district where the matter

is to be tried or the proceeding is to be conducted. Good cause for

according such privilege shall be limited to facts or circumstances

affecting the personal or financial welfare of the client and not the

attorney. Such facts may include a showing that by reason of a long-

standing attorney-client relationship predating the cause of action or

subject matter of the litigation at bar, or proceeding, the attorney has

acquired a specialized skill or knowledge with respect to the client’s

affairs important to the trial of the cause or presentation of the proceed-

July 12, 2016 Page 13PBCONNECTICUT LAW JOURNAL

ing, or that the litigant is unable to secure the services of Connecticut

counsel. Upon the granting of an application to appear pro hac vice,

the clerk of the court in which the application is granted shall immedi-

ately notify the statewide grievance committee of such action. Any

person granted permission to appear in a [matter] cause, appeal or

proceeding pursuant to this section shall comply with the requirements

of Sections 2-68 and 2-70 and shall pay such fee when due as pre-

scribed by those sections for each year such person appears in the

matter. If the clerk for the judicial district or appellate court in which

the matter is pending is notified that such person has failed to pay

the fee as required by this section, the court shall determine after a

hearing the appropriate sanction, which may include termination of

the privilege of appearing in the [matter] cause, appeal or proceeding.

COMMENTARY: The changes to this section establish a require-

ment that an out-of-state attorney request permission to appear pro

hac vice in any cause, appeal or proceeding before any Connecticut

state court or any state or municipal agency, commission, board or

tribunal by filing a written application, on a form prescribed by the

chief court administrator, to the administrative judge of the court in

the judicial district where the case is likely to be tried or proceeding

is to be conducted. This amendment is necessary in light of the Con-

necticut Supreme Court opinion in

Persels & Associates, LLC

Bank-

ing Commissioner

, 318 Conn. 652, 122 A.3d 592 (2015), in which the

Court concluded that the sole authority to license and regulate the

general practice of law rests in the Judicial Branch. The rule also

Page 14PB July 12, 2016CONNECTICUT LAW JOURNAL

establishes additional information that must be included in an affidavit

submitted with an application for permission to appear pro hac vice.

(NEW) Sec. 2-27A. Minimum Continuing Legal Education

(a) On an annual basis, each attorney admitted in Connecticut shall

certify, on the registration form required by Section 2-27 (d), that the

attorney has completed in the last calendar year no less than twelve

credit hours of appropriate continuing legal education, at least two

hours of which shall be in ethics/professionalism. The ethics and pro-

fessionalism components may be integrated with other courses. This

rule shall apply to all attorneys except the following:

(1) Judges and senior judges of the supreme, appellate or superior

courts, judge trial referees, family support magistrates, family support

magistrate referees, federal judges, federal magistrate judges, federal

administrative law judges or federal bankruptcy judges;

(2) Attorneys who are disbarred, resigned pursuant to Section 2-

52, on inactive status pursuant to Section 2-56 et seq., or retired

pursuant to Sections 2-55 or 2-55A;

(3) Attorneys who are serving on active duty in the armed forces of

the United States for more than six months in such year;

(4) Attorneys for the calendar year in which they are admitted;

(5) Attorneys who earn less than $1000 in compensation for the

provision of legal services in such year;

(6) Attorneys who, for good cause shown, have been granted tempo-

rary or permanent exempt status by the statewide grievance com-

mittee.

(b) Attorneys may satisfy the required hours of continuing education:

July 12, 2016 Page 15PBCONNECTICUT LAW JOURNAL

(1) By attending legal education courses provided by any local, state

or special interest bar association in this state or regional or national

bar associations recognized in this state or another state or territory

of the United States or the District of Columbia (hereinafter referred

to as ‘‘bar association’’); any private or government legal employer;

any court of this or any other state or territory of the United States or

the District of Columbia; any organization whose program or course

has been reviewed and approved by any bar association or organiza-

tion which has been established in any state or territory of the United

States or the District of Columbia to certify and approve continuing

legal education courses; and any other non-profit or for-profit legal

education providers, including law schools and other appropriate con-

tinuing legal education providers, and including courses remotely pre-

sented by video conference, webcasts, webinars, or the like by said

providers.

(2) By self-study of appropriate programs or courses directly related

to substantive or procedural law or related topics, including profes-

sional responsibility, legal ethics, or law office management and pre-

pared by those continuing legal education providers in subsection (b)

(1). Said self-study may include viewing and listening to all manner

of communication, including, but not limited to, video or audio

recordings or taking online legal courses. The selection of self-study

courses or programs shall be consistent with the objective of this rule,

which is to maintain and enhance the skill level, knowledge, ethics

and competence of the attorney and shall comply with the minimum

quality standards set forth in subsection (c) (6).

Page 16PB July 12, 2016CONNECTICUT LAW JOURNAL

(3) By publishing articles in legal publications that that have as their

primary goal the enhancement of competence in the legal profession,

including, without limitation, substantive and procedural law, ethics,

law practice management and professionalism.

(4) By teaching legal seminars and courses, including the participa-

tion on panel discussions as a speaker or moderator.

(5) By serving as a full-time faculty member at a law school accred-

ited by the American Bar Association, in which case, such attorney

will be credited with meeting the minimum continuing legal education

requirements set forth herein.

(6) By serving as a part time or adjunct faculty member at a law

school accredited by the American Bar Association, in which case,

such attorney will be credited with meeting the minimum continuing

legal education requirements set forth herein at the rate of one hour

for each hour of classroom instruction.

(1) Credit for any of the above activities shall be based on the actual

instruction time, which may include lecture, panel discussion, and

question and answer periods. Self-study credit shall be based on the

reading time or running time of the selected materials or program.

(2) Credit for attorneys preparing for and presenting legal seminars,

courses or programs shall be based on one hour of credit for each

two hours of preparation. A maximum of six hours of credit may be

credited for preparation of a single program. Credit for presentation

shall be on an hour for hour basis. Credit may not be earned more

than once for the same course given during a twelve month period.

July 12, 2016 Page 17PBCONNECTICUT LAW JOURNAL

(3) Credit for the writing and publication of articles shall be based

on the actual drafting time required. Each article may be counted only

one time for credit.

(4) Continuing legal education courses ordered pursuant to Section

2-37 (a) (5) or any court order of discipline shall not count as credit

towards an attorney’s obligation under this section.

(5) Attorneys may carry forward no more than two credit hours in

excess of the current annual continuing legal education requirement

to be applied to the following year’s continuing legal education

requirement.

(6) To be eligible for continuing legal education credit, the course

or activity must: (A) have significant intellectual or practical content

designed to increase or maintain the attorney’s professional compe-

tence and skills as a lawyer; (B) constitute an organized program of

learning dealing with matters directly related to legal subjects and the

legal profession; and (C) be conducted by an individual or group

qualified by practical or academic experience.

(d) Attorneys shall retain records to prove compliance with this rule

for a period of seven years.

(e) Violation of this section shall constitute misconduct.

(f) Unless it is determined that the violation of this section was wilful,

a non-compliant attorney must be given at least sixty days to comply

with this section before he or she is subject to any discipline.

(g) A minimum continuing legal education commission (the ‘‘commis-

sion’’) shall be established by the Judicial Branch and shall be com-

posed of four superior court judges and four attorneys admitted to

Page 18PB July 12, 2016CONNECTICUT LAW JOURNAL

practice in this state, all of whom shall be appointed by the Chief

Justice of the Supreme Court or his or her designee and who shall

serve without compensation. The charge of the commission will be to

provide advice regarding the application and interpretation of this rule

and to assist with its implementation including, but not limited to,

the development of a list of frequently asked questions and other

documents to assist the members of the bar to meet the requirements

of this rule.

COMMENTARY: It is the intention of this rule to provide attorneys

with relevant and useful continuing legal education covering the broad-

est spectrum of substantive, procedural, ethical and professional sub-

ject matter at the lowest cost reasonably feasible and with the least

amount of supervision, structure and reporting requirements, which

will aid in the development, enhancement and maintenance of the

legal knowledge and skills of practicing attorneys and will facilitate the

delivery of competent legal services to the public.

The rule also permits an attorney to design his or her own course

of study. The law is constantly evolving and attorneys, like all other

professionals, are expected to keep abreast of changes in the profes-

sion and the law if they are to provide competent representation.

Subsection (a) provides that Connecticut attorneys must complete

twelve credit hours of continuing legal education per calendar year.

Subsection (a) also lists those Connecticut attorneys, who are exempt

from compliance, including, among others: judges, senior judges, attor-

neys serving in the military, new attorneys during the year in which

they are admitted to practice, attorneys who earn less than $1000 in

July 12, 2016 Page 19PBCONNECTICUT LAW JOURNAL

compensation for the provision of legal services in the subject year,

and those who obtain an exempt status for good cause shown. The

subsection also provides an exemption for attorneys who are dis-

barred, resigned, on inactive status due to disability, or are retired. The

exemption for attorneys who earn less than $1000 in compensation in

a particular year is not intended to apply to attorneys who claim that

they were not paid as a result of billed fees to a client. All compensation

received for the provision of legal services, whether the result of billed

fees or otherwise, must be counted. There is no exemption for attor-

neys who are suspended or on administrative suspension.

Subsection (d) requires an attorney to maintain adequate records

of compliance. For continuing legal education courses, a certificate of

attendance shall be sufficient proof of compliance. For self-study, a

contemporaneous log identifying and describing the course listened

to or watched and listing the date and time the course was taken, as

well as a copy of the syllabus or outline of the course materials, if

available, and, when appropriate, a certificate from the course provider,

shall be sufficient proof of compliance. For any other form of continuing

legal education, a file including a log of the time spent and drafts of

the prepared material shall provide sufficient proof of compliance.

Sec. 3-9. Withdrawal of Appearance; Duration of Appearance

(a) An attorney or party whose appearance has been filed shall be

deemed to have withdrawn such appearance upon [failure to file a

written objection within ten days after written notice has been given

or mailed to such attorney or party that a new appearance has been

filed in place of the appearance of such attorney or party] the filing

Page 20PB July 12, 2016CONNECTICUT LAW JOURNAL

of a new appearance that is stated to be in place of the appearance

on file in accordance with Section 3-8. Appropriate entries shall be

made in the court file. An attorney or party whose appearance is

deemed to have been withdrawn may file an appearance for the limited

purpose of filing an objection to the in [lieu] place of appearance at

any time.

(b) An attorney may withdraw his or her appearance for a party or

parties in any action after the appearance of other counsel representing

the same party or parties has been entered. An application for with-

drawal in accordance with this subsection shall state that such an

appearance has been entered and that such party or parties are being

represented by such other counsel at the time of the application. Such

an application may be granted by the clerk as of course, if such an

appearance by other counsel has been entered.

(d), a lawyer who represents a party or parties on a limited basis

in accordance with Section 3-8 (b) and has completed his or her

representation as defined in the limited appearance, shall file a certifi-

cate of completion of limited appearance on judicial branch form JD-

CL-122. The certificate shall constitute a full withdrawal of a limited

appearance. Copies of the certificate must be served in accordance

with Sections 10-12 through 10-17 on the client, and all attorneys and

self-represented parties of record.

(d) All appearances of counsel shall be deemed to have been with-

drawn 180 days after the entry of judgment in any action seeking a

dissolution of marriage or civil union, annulment, or legal separation,

July 12, 2016 Page 21PBCONNECTICUT LAW JOURNAL

provided no appeal shall have been taken. In the event of an appeal

or the filing of a motion to open a judgment within such 180 days, all

appearances of counsel shall be deemed to have been withdrawn

after final judgment on such appeal or motion or within 180 days after

the entry of the original judgment, whichever is later. Nothing herein

shall preclude or prevent any attorney from filing a motion to withdraw

with leave of the court during that period subsequent to the entry of

judgment. In the absence of a specific withdrawal, counsel will continue

of record for all postjudgment purposes until 180 days have elapsed

from the entry of judgment or, in the event an appeal or a motion to

open a judgment is filed within such 180 day period, until final judgment

on that appeal or determination of that motion, whichever is later. (e)

Except as provided in subsections (a), (b), (c) and (d), no attorney

shall withdraw his or her appearance after it has been entered upon

the record of the court without the leave of the court.

(f) All appearances in juvenile matters shall be deemed to continue

during the period of delinquency probation, family with service needs

supervision, or any commitment to the commissioner of the department

of children and families or protective supervision. An attorney

appointed by the chief public defender to represent a parent in a

pending neglect or uncared for proceeding shall continue to represent

the parent for any subsequent petition to terminate parental rights if

the attorney remains under contract to the office of the chief public

defender to represent parties in child protection matters, the parent

appears at the first hearing on the termination petition and qualifies

for appointed counsel, unless the attorney files a motion to withdraw

Page 22PB July 12, 2016CONNECTICUT LAW JOURNAL

pursuant to Section 3-10 that is granted by the judicial authority or

the parent requests a new attorney. The attorney shall represent the

client in connection with appeals, subject to Section 35a-20, and with

motions for review of permanency plans, revocations or postjudgment

motions and shall have access to any documents filed in court. The

attorney for the child shall continue to represent the child in all proceed-

ings relating to the child, including termination of parental rights and

during the period until final adoption following termination of paren-

tal rights.

COMMENTARY: Prior to 2013, the existing appearance in the file

was deemed to be withdrawn only if no objection to the in place of

appearance was filed within ten days of the time that written notice

of the new appearance was given or mailed. Effective October 1, 2013,

the time limit for filing an objection was removed from Section 3-8 and

an additional provision was added to permit an attorney or party to

file an appearance for the limited purpose of objecting to an in place

of appearance. The revision to this section eliminates the ten day

delay in the withdrawal of the existing appearance and provides that

the existing appearance is withdrawn upon the filing of the in place

of appearance. Maintaining two appearances in this situation is unnec-

essary, confusing to parties and counsel, and potentially imposes legal

or ethical obligations on an attorney who, in reality, should no longer

have any responsibility for the client or the file. In the rare instance

when the attorney or party does object to the in place of appearance,

an appearance for the limited purpose of filing an objection and an

objection can be filed at any time.

July 12, 2016 Page 23PBCONNECTICUT LAW JOURNAL

Sec. 7-17. Clerks’ Offices

[Clerks’ offices shall be open each weekday from Monday to Friday

inclusive, between 9 o’clock in the forenoon and 5 o’clock in the

afternoon, but they shall not be open on legal holidays.] The chief

court administrator shall, from time to time, determine for each clerk’s

office the hours that it shall be open, provided that each clerk’s office

shall be open at least five days a week except during weeks which

include a legal holiday. The chief court administrator may increase

the hours of the clerk’s office for the purpose of the acceptance of

bonds or for other limited purposes for one or more court locations.

If the last day for filing any matter in the clerk’s office falls on a day

on which such office is not open as thus provided or is closed pursuant

to authorization by the administrative judge in consultation with the

chief court administrator or the chief court administrator due to the

existence of special circumstances, then the last day for filing shall

be the next business day upon which such office is open. Except as

provided below, a document that is electronically received by the

clerk’s office for filing after 5 o’clock in the afternoon on a day on

which the clerk’s office is open or that is electronically received by the

clerk’s office for filing at any time on a day on which the clerk’s office

is closed, shall be deemed filed on the next business day upon which

such office is open. If a party is unable to electronically file a document

because the court’s electronic filing system is nonoperational for thirty

consecutive minutes from 9 o’clock in the forenoon to 3 o’clock in the

afternoon or for any period of time from 3 o’clock to 5 o’clock in the

afternoon of the day on which the electronic filing is attempted, and

Page 24PB July 12, 2016CONNECTICUT LAW JOURNAL

such day is the last day for filing the document, the document shall

be deemed to be timely filed if received by the clerk’s office on the

next business day the electronic system is operational.

COMMENTARY: The change to this section authorizes the chief

court administrator to establish, for each clerk’s office, the hours of

its operation, provided that each office is open at least five days per

week unless the week contains a legal holiday. See General Statutes

§ 51-59. It is recommended that this provision, if adopted, be effective

on passage or on the earliest possible date pursuant to Practice Book

§ 1-9.

Sec. 7-19. Issuing Subpoenas for Witnesses on Behalf of Self-

Represented Litigants

Self-represented litigants seeking to compel the attendance of nec-

essary witnesses in connection with the hearing of any matter shall

file an application to have the clerk of the court issue subpoenas for

that purpose. The application shall include a summary of the expected

testimony of each proposed witness so that the court may determine

the relevance of the testimony. The clerk, after verifying the scheduling

of the matter, shall present the application to the judge before whom

the matter is scheduled for hearing, or the administrative judge or any

judge designated by the administrative judge if the matter has not

been scheduled before a specific judge, which judge shall conduct an

ex parte review of the application and may direct or deny the issuance

of subpoenas as such judge deems warranted under the circum-

stances, keeping in mind the nature of the scheduled hearing and

future opportunities for examination of witnesses, as may be appro-

July 12, 2016 Page 25PBCONNECTICUT LAW JOURNAL

priate. If an application is denied in whole or in part, the applicant may

request a hearing which shall be scheduled by the court.

COMMENTARY: The change to this section will assist the court in

determining the relevance of the expected testimony of each pro-

posed witness.

AMENDMENTS TO THE CIVIL RULES

[Sec. 8-3. Bond for Prosecution

(a) Except as provided below, if the plaintiff in any civil action is not

an inhabitant of this state, or if it does not appear to the authority

signing the process that the plaintiff is able to pay the costs of the

action should judgment be rendered against the plaintiff, he or she

shall, before such process is signed, enter into a recognizance to the

adverse party with some substantial inhabitant of this state as surety,

or some substantial inhabitant of this state shall enter into a recogni-

zance to the adverse party, that the plaintiff shall prosecute the action

to effect, and answer all damages in case the plaintiff does not make

his or her plea good; and no such recognizance shall be discharged

by any amendment or alteration of the process between the time of

signing and of serving it. (See General Statutes § 52-185 and anno-

tations.)

(b) No recognizance shall be required of a self-represented com-

plainant in a summary process action.]

COMMENTARY: This section should be repealed to reflect 2015

legislative changes regarding bonds for prosecution and recognizance.

See also commentary to (New) Section 8-3A.

Page 26PB July 12, 2016CONNECTICUT LAW JOURNAL

(NEW) Sec. 8-3A. Bond for Prosecution or Recognizance

No bond for prosecution or recognizance for prosecution shall be

required of a party in any civil action unless ordered by the judicial

authority upon motion and for good cause shown. If the judicial author-

ity finds that a party is not able to pay the costs of the action, the

judicial authority shall order the party to give a sufficient bond to pay

taxable costs. In determining the sufficiency of the bond to be given,

the judicial authority shall consider only the taxable costs for which a

party may be responsible under General Statutes § 52-257, except

that in no event shall the judicial authority consider the fees or charges

of expert witnesses notwithstanding that such fees or charges may

be allowable under that section. Any party failing to comply with such

order may be nonsuited or defaulted, as the case may be.

COMMENTARY: Sections 8-3 through 8-12, 14-7A, 23-45 through

23-47, the sections of the rules concerned with bonds for prosecution

and recognizance, should be repealed or revised to reflect legislative

changes to General Statutes §§ 52-185, 52-186, 52-187, 52-188, 52-

190 and 47a-23. A bond for prosecution and a recognizance unneces-

sarily increase the burden on a self-represented party filing a lawsuit

and do not provide any realistic security for costs on an action. Failure

to provide a bond or include a recognizance in an action is no longer

a basis for dismissing the action. The proposed changes provide the

option that a bond or recognizance be required if there is good cause

to believe that a party will be unable to pay the costs of an action, but

it eliminates the requirement for a bond or a recognizance in all actions.

July 12, 2016 Page 27PBCONNECTICUT LAW JOURNAL

[Sec. 8-4. Certification of Financial Responsibility

(a) Except as provided below, in all actions wherein costs may be

taxed against the plaintiff, no mesne process shall be issued until the

recognizance of a third party for costs has been taken, unless the

authority signing the writ shall certify thereon that he or she has per-

sonal knowledge as to the financial responsibility of the plaintiff and

deems it sufficient.

(b) No recognizance shall be required of a self-represented com-

plainant in a summary process action.

such attorney signs.]

COMMENTARY: This section should be repealed to reflect 2015

legislative changes regarding bonds for prosecution and recognizance.

See also commentary to (New) Section 8-3A.

[Sec. 8-5. Remedy for Failure to Give Bond

(a) When there has been a failure to comply with the provisions of

Sections 8-3 and 8-4; the validity of the writ and service shall not be

affected unless the neglect is made a ground of a motion to dismiss.

(b) If the judicial authority, upon the hearing of the motion to dismiss,

directs the plaintiff to file a bond to prosecute in an amount deemed

sufficient by the judicial authority, the action shall be dismissed unless

the plaintiff complies with the order of the judicial authority within two

weeks of such order.

manner and to the same effect as to rights of attachment and in all

other respects as though the neglect had not occurred. The judicial

Page 28PB July 12, 2016CONNECTICUT LAW JOURNAL

authority may, in its discretion, order, as a condition to the acceptance

of the bond, that the plaintiff pay to the defendant costs not to exceed

the costs in full to the date of the order. (See General Statutes § 52-

185 and annotations.)]

COMMENTARY: This section should be repealed to reflect 2015

legislative changes regarding bonds for prosecution and recognizance.

See also commentary to (New) Section 8-3A.

[Sec. 8-6. Bond Ordered by Judicial Authority

If the judicial authority in which any action is pending finds that any

bond taken therein for prosecution, or on appeal, is insufficient, or that

the plaintiff has given no bond for prosecution and is not able to pay

the costs, it shall order a sufficient bond to be given before trial,

unless the trial will thereby necessarily be delayed. In determining the

sufficiency of the bond to be given, the judicial authority shall consider

only the taxable costs which the plaintiff may be responsible for under

General Statutes § 52-257, except that in no event shall the judicial

authority consider the fees or charges of expert witnesses notwith-

standing that such fees or charges may be allowable under that section.

Any party failing to comply with such order may be nonsuited or

defaulted, as the case may be. Bonds for the prosecution of any civil

action or appeal, pending in any court, may be taken in vacation by

its clerk. (See General Statutes § 52-186 and annotations.)]

COMMENTARY: This section should be repealed to reflect 2015

legislative changes regarding bonds for prosecution and recognizance.

See also commentary to (New) Section 8-3A.

July 12, 2016 Page 29PBCONNECTICUT LAW JOURNAL

[Sec. 8-7. Request to Furnish Bond

No order for a bond for prosecution will be made by the judicial

authority unless it be shown that the adverse party has been requested

in writing to furnish the same and has refused such request or has

failed to file a satisfactory bond within a reasonable time after the

request was made.]

COMMENTARY: This section should be repealed to reflect 2015

legislative changes regarding bonds for prosecution and recognizance.

See also commentary to (New) Section 8-3A.

[Sec. 8-8. Member of Community Defending to Give Bond

If, in any action against a community, any individual member of

such community appears to defend, he or she shall procure bond with

surety to the acceptance of the court in which the action is pending,

to save such community harmless from all costs which may arise by

reason of such appearance, which bond shall be payable to such

community and be filed in such court. Any such individual member

who successfully defends against such action shall be entitled to the

costs recoverable from the plaintiff unless the community likewise

appeared and incurred the costs of such defense. (See General Stat-

utes § 52-187 and annotations.)]

COMMENTARY: This section should be repealed to reflect 2015

legislative changes regarding bonds for prosecution and recognizance.

See also commentary to (New) Section 8-3A.

[Sec. 8-9. Bond by Nonresident in Realty Action

Each nonresident defendant in any civil action relating to real estate

or any interest therein, if any relief other than money damages is

Page 30PB July 12, 2016CONNECTICUT LAW JOURNAL

claimed, may be ordered by the judicial authority, during the pendency

of such action, to give such bond to such other party or parties to

such action as the judicial authority may direct, conditioned for the

payment of costs. Judgment as on default may be rendered against

any defendant who fails to comply with such order. (See General

Statutes § 52-188.)]

COMMENTARY: This section should be repealed to reflect legisla-

tive changes regarding bonds for prosecution and recognizance. See

also commentary to (New) Section 8-3A.

Sec. 8-10. Surety Company Bond Acceptable

Any surety company chartered by this state or authorized to do

business herein may be accepted as surety or recognizor upon any

bond or recognizance required by law in any civil action or in any

proceeding instituted under the statutes of this state and, in any case

where a bond or recognizance is [by law] required by law, the bond

of such company, duly executed and conditioned for the performance

of the obligations expressed in such bond or recognizance, may be

accepted by the person having authority thereto, [and] who shall [be

filed by him or her in] file it with the court [to which such] where the

action or proceeding is returnable or pending. (See General Statutes

§ 52-189 and annotations.)

COMMENTARY: The changes to this section reflect 2015 legislative

changes regarding bonds for prosecution and recognizance. See also

commentary to (New) Section 8-3A.

July 12, 2016 Page 31PBCONNECTICUT LAW JOURNAL

[Sec. 8-11. Action on Probate Bond; Endorsement of Writ

The writ in any action brought upon a probate bond, or bond taken

to a judge of probate and such judge’s successors in office, shall be

dismissed unless, before its issue, some responsible inhabitant of the

state signs a written endorsement upon it, agreeing to be responsible

for the costs of suit. If the endorser dies or removes from this state,

a new endorser on such writ shall be substituted; and the court before

which the suit is pending may at any time order the substitution of a

new endorser to be approved by it. For any failure to comply with such

an order the plaintiff may be nonsuited. (See General Statutes § 52-

190 and annotations.)]

COMMENTARY: This section should be repealed to reflect 2015

legislative changes regarding bonds for prosecution and recognizance.

See also commentary to (New) Section 8-3A.

Sec. 8-12. Renewal of Bond

Bonds given in the course of any judicial proceedings may, for

reasonable cause and upon due notice, be renewed, or other bonds

taken in lieu of them, by the [court, or by the judge before whom the

matter is pending] judicial authority.

COMMENTARY: The changes to this section reflect 2015 legislative

changes regarding bonds for prosecution and recognizance. See also

commentary to (New) Section 8-3A.

Sec. 10-32. —Waiver Based on Certain Grounds

Any claim of lack of jurisdiction over the person [or improper venue]

or insufficiency of process or insufficiency of service of process is

Page 32PB July 12, 2016CONNECTICUT LAW JOURNAL

waived if not raised by a motion to dismiss filed in the sequence

provided in Sections 10-6 and 10-7 and within the time provided by

Section 10-30.

COMMENTARY: In 2015, ‘‘improper venue’’ was removed from

Section 10-30 as one of the grounds for a motion to dismiss. The

change to this section is consistent with the amendment to Section

10-30.

Sec. 10-60. —Amendment by Consent, Order of Judicial Author-

ity, or Failure to Object

(a) Except as provided in Section 10-66, a party may amend his or

her pleadings or other parts of the record or proceedings at any time

subsequent to that stated in the preceding section in the following

manner:

(1) By order of judicial authority; or

(2) By written consent of the adverse party; or

(3) By filing a request for leave to file [such] an amendment[, with

the amendment appended,] together with: (a) the amended pleading

or other parts of the record or proceedings, and (b) an additional

document showing the portion or portions of the original pleading or

other parts of the record or proceedings with the added language

underlined and the deleted language stricken through or bracketed.

The party shall file the request and accompanying documents after

service upon each party as provided by Sections 10-12 through 10-

17, and with proof of service endorsed thereon. If no party files an

objection to the request [thereto has been filed by any party] within

fifteen days from the date it is filed [of the filing of said request], the

July 12, 2016 Page 33PBCONNECTICUT LAW JOURNAL

amendment shall be deemed to have been filed by consent of the

adverse party. If an opposing party shall have objection to any part

of such request or the amendment appended thereto, such objection

in writing specifying the particular paragraph or paragraphs to which

there is objection and the reasons therefor, shall, after service upon

each party as provided by Sections 10-12 through 10-17 and with

proof of service endorsed thereon, be filed with the clerk within the

time specified above and placed upon the next short calendar list.

(b) The judicial authority may restrain such amendments so far as

may be necessary to compel the parties to join issue in a reasonable

time for trial. If the amendment occasions delay in the trial or inconve-

nience to the other party, the judicial authority may award costs in its

discretion in favor of the other party. For the purposes of this rule, a

substituted pleading shall be considered an amendment. (See General

Statutes § 52-130 and annotations.)

COMMENTARY: The revision to this section requires the person

seeking to file the proposed amended pleading or other part of the

record or proceeding to, in addition to filing an entirely new amended

pleading, file an additional document showing the portion or portions

of the original pleading or other parts of the record or proceedings

and the added or deleted language so that the reader does not have

to examine the entire new proposed pleading to discover or find the

new language. This change will make it easier for the court and the

opposing party to see what the proposed amendment is and where

it is located.

Page 34PB July 12, 2016CONNECTICUT LAW JOURNAL

Sec. 10-66. —Amendment of Amount in Demand

A party may amend the party’s statement concerning the amount

in demand by order of the judicial authority upon filing of a motion for

leave to file such amendment, with a copy of the amendment

appended, after service upon each party as provided by Sections 10-

12 through 10-17, and with proof of service endorsed thereon. After

obtaining permission of the judicial authority, the moving party shall

file the [original amendment] amended statement of amount in demand

with the clerk[. If the amount, legal interest or property in demand was

alleged to be less than $2500 in accordance with the provisions of

Section 10-20, or, prior to October 1, 1979, was alleged to be less

than $7500, and the party has been given permission by a judicial

authority to amend the demand to an amount in excess of either

amount, the party] and shall pay any entry fee prescribed by statute

to the clerk when the amendment is filed.

COMMENTARY: The revision to this section deletes the portion of

the rule that references specific amounts, but retains the remainder

of the rule.

Sec. 11-1. Form of Motion and Request

Every motion, request, application or objection directed to pleading

or procedure, unless relating to procedure in the course of a trial, shall

be in writing. A motion to extend time to plead, respond to written

discovery, object to written discovery, or respond to requests for admis-

sions shall state the date of the certification of service of the document

for which an extension is sought and the date through which the moving

party is seeking the extension.

July 12, 2016 Page 35PBCONNECTICUT LAW JOURNAL

(a) For civil matters, with the exception of housing, family and small

claims matters, when any motion, application or objection is filed either

electronically or on paper, no order page should be filed unless an

order of notice and citation is necessary.

(b) For family, juvenile, housing and small claims matters, when any

motion, application or objection is filed in paper format, an order shall

be annexed to the filing until such cases are incorporated into the

Judicial Branch’s electronic filing system. Once these case types are

incorporated into such electronic filing system, no order page should

be filed unless an order of notice and citation is necessary.

application or objection shall be served on all parties as provided in

Sections 10-12 through 10-17 and, when filed, the fact of such service

shall be endorsed thereon. Any such motion, request, application or

objection, as well as any supporting brief or memorandum, shall include

a page number on each page other than the first page, except that

this requirement shall not apply to forms supplied by the Judicial

Branch or generated by the electronic filing system.

COMMENTARY: The purpose of this revision is to inform the court

of the length of time being sought in the totality. The party filing a

standard disclosure request does not file any notice with the court as

to the date of the filing of the request. See Sections 13-6 (d) and 13-

9 (e). Unless the movant states the date of the certification of service

of the document in its motion, the court does not know whether the

extension sought in the motion is reasonable or if the motion should

be a request. See Sections 13-7 (a) (2) and 13-10 (a) (2).

Page 36PB July 12, 2016CONNECTICUT LAW JOURNAL

Sec. 13-3. —Materials Prepared in Anticipation of Litigation;

Statements of Parties; Privilege Log

(a) Subject to the provisions of Section 13-4, a party may obtain

discovery of documents and tangible things otherwise discoverable

under Section 13-2 and prepared in anticipation of litigation or for trial

by or for another party or by or for that other party’s representative

only upon a showing that the party seeking discovery has substantial

need of the materials in the preparation of the case and is unable

without undue hardship to obtain the substantial equivalent of the

materials by other means. In ordering discovery of such materials

when the required showing has been made, the judicial authority shall

not order disclosure of the mental impressions, conclusions, opinions,

or legal theories of an attorney or other representative of a party

concerning the litigation.

(b) A party may obtain, without the showing required under this

section, discovery of the party’s own statement and of any nonprivi-

leged statement of any other party concerning the action or its sub-

ject matter.

section, discovery of any recording, by film, photograph, [videotape]

video, [audiotape] audio or any other digital or electronic means, of

the requesting party and of any recording of any other party concerning

the action or the subject matter, thereof, including any transcript of

such recording, prepared in anticipation of litigation or for trial by or

for another party or by or for that other party’s representative. A party

may obtain information identifying any such recording and transcript,

July 12, 2016 Page 37PBCONNECTICUT LAW JOURNAL

if one was created, prior to the deposition of the party who is the

subject of the recording; but the person from whom discovery is sought

shall not be required to produce the recording or transcript until thirty

days after the completion of the deposition of the party who is the

subject of the recording or sixty days prior to the date the case is

assigned to commence trial, whichever is earlier; except that if a

deposition of the party who is the subject of the recording was not

taken, the recording and transcript shall be produced sixty days prior

to the date the case is assigned to commence trial. If a recording was

created within such sixty day period, the recording and transcript must

be produced immediately. No such recording or transcript is required

to be identified or produced if neither it nor any part thereof will be

introduced into evidence at trial. However, if any such recording or

part or transcript thereof is required to be identified or produced, all

recordings and transcripts thereof of the subject of the recording party

shall be identified and produced, rather than only those recordings,

or transcripts or parts thereof that the producing party intends to use

or introduce at trial.

(d) When a claim of privilege or work product protection has been

asserted pursuant to Sections 13-5 or 13-10 in response to a discovery

request for documents or electronically stored information, the party

asserting the privilege or protection shall provide, within forty-five days

from the request of the party serving the discovery, the following

information in the form of a privilege log:

(1) The type of document or electronically stored information;

Page 38PB July 12, 2016CONNECTICUT LAW JOURNAL

(2) The general subject matter of the document or electronically

stored information;

(3) The date of the document or electronically stored information;

(4) The author of the document or electronically stored information;

(5) Each recipient of the document or electronically stored informa-

tion; and

(6) The nature of the privilege or protection asserted.

The privilege log shall initially be served upon all parties but not

filed in court.

If the information called for by one or more of the foregoing categories

is itself privileged, it need not be disclosed. However, the existence

of the document and any nonprivileged information called for by the

other categories must be disclosed.

A privilege log must be prepared with respect to all documents and

electronically stored information withheld on the basis of a claim of

privilege or work product protection, except for the following: written

or electronic communications after commencement of the action

between a party and the firm or lawyer appearing for the party in the

action or as otherwise ordered by the judicial authority.

COMMENTARY: The change to this section clarifies that only

recordings prepared by a party in anticipation of litigation or for trial,

and not just any recordings, are covered by this rule.

Sec. 13-4. —Experts

(a) A party shall disclose each person who may be called by that

party to testify as an expert witness at trial, and all documents that

may be offered in evidence in lieu of such expert testimony, in accord-

July 12, 2016 Page 39PBCONNECTICUT LAW JOURNAL

ance with this section. The requirements of Section 13-15 shall apply

to disclosures made under this section.

(b) A party shall file with the court and serve upon counsel a disclo-

sure of expert witnesses which identifies the name, address and

employer of each person who may be called by that party to testify

as an expert witness at trial, whether through live testimony or by

deposition. In addition, the disclosure shall include the following infor-

mation:

(1) Except as provided in subdivision (2) of this subsection, the field

of expertise and the subject matter on which the witness is expected

to offer expert testimony; the expert opinions to which the witness is

expected to testify; [and] the substance of the grounds for each such

expert opinion; and the written report of the expert witness, if any.

The report shall not be filed with the court. Disclosure of the information

required under this subsection may be made by making reference in

the disclosure to[, and contemporaneously producing to all parties, a]

the written report of the expert witness containing such information.

[The parties shall not file the expert’s written report with the court.]

(2) If the witness to be disclosed hereunder is a health care provider

who rendered care or treatment to the plaintiff, and the opinions to

be offered hereunder are based upon that provider’s care or treatment,

then the disclosure obligations under this section may be satisfied by

disclosure to the parties of the medical records and reports of such

care or treatment. A witness disclosed under this subsection shall be

permitted to offer expert opinion testimony at trial as to any opinion

as to which fair notice is given in the disclosed medical records or

Page 40PB July 12, 2016CONNECTICUT LAW JOURNAL

reports. Expert testimony regarding any opinion as to which fair notice

is not given in the disclosed medical records or reports must be dis-

closed in accordance with subdivision (1) of subsection (b) of this

section. The parties shall not file the disclosed medical records or

disclosed medical reports with the court.

(3) Except for an expert witness who is a health care provider who

rendered care or treatment to the plaintiff, or unless otherwise ordered

by the judicial authority or agreed upon by the parties, the party disclos-

ing an expert witness shall, upon the request of an opposing party,

produce to all other parties all materials obtained, created and/or relied

upon by the expert in connection with his or her opinions in the case

within fourteen days prior to that expert’s deposition or within such

other time frame determined in accordance with the Schedule for

Expert Discovery prepared pursuant to subsection (g) of this section.

If any such materials have already been produced to the other parties

in the case, then a list of such materials, made with sufficient particular-

ity that the materials can be easily identified by the parties, shall satisfy

the production requirement hereunder with respect to those materials.

If an expert witness otherwise subject to this subsection is not being

compensated in that capacity by or on behalf of the disclosing party,

then that party may give written notice of that fact in satisfaction of

the obligations imposed by this subsection. If such notice is provided,

then it shall be the duty of the party seeking to depose such expert

witness to obtain the production of the requested materials by sub-

poena or other lawful means.

July 12, 2016 Page 41PBCONNECTICUT LAW JOURNAL

(4) Nothing in this section shall prohibit any witness disclosed here-

under from offering nonexpert testimony at trial.

motion, a party may take the deposition of any expert witness disclosed

pursuant to subsection (b) of this section in the manner prescribed

in Section 13-26 et seq. governing deposition procedure generally.

Nothing contained in subsection (b) of this section shall impair the

right of any party from exercising that party’s rights under the rules of

practice to subpoena or to request production of any materials, to the

extent otherwise discoverable, in addition to those produced under

subsection (b) of this section, in connection with the deposition of any

expert witness, nor shall anything contained herein impair the right of a

party to raise any objections to any request for production of documents

sought hereunder to the extent that a claim of privilege exists.

(2) Unless otherwise ordered by the judicial authority for good cause

shown, or agreed upon by the parties, the fees and expenses of the

expert witness for any such deposition, excluding preparation time,

shall be paid by the party or parties taking the deposition. Unless

otherwise ordered, the fees and expenses hereunder shall include

only (A) a reasonable fee for the time of the witness to attend the

deposition itself and the witness’ travel time to and from the place of

deposition; and (B) the reasonable expenses actually incurred for

travel to and from the place of deposition and lodging, if necessary.

If the parties are unable to agree on the fees and expenses due

under this subsection, the amount shall be set by the judicial authority,

upon motion.

Page 42PB July 12, 2016CONNECTICUT LAW JOURNAL

(d) (1) A party shall file with the court a list of all documents or

records that the party expects to submit in evidence pursuant to any

statute or rule permitting admissibility of documentary evidence in lieu

of the live testimony of an expert witness. The list filed hereunder shall

identify such documents or records with sufficient particularity that

they shall be easily identified by the other parties. The parties shall

not file with the court a copy of the documents or records on such list.

(2) Unless otherwise ordered by the judicial authority upon motion,

a party may take the deposition of any expert witness whose records

are disclosed pursuant to subdivision (1) of subsection (d) of this

section in the manner prescribed in Section 13-26 et seq. governing

deposition procedure generally. Nothing contained in subsection (d)

of this section shall impair the right of any party from exercising that

party’s rights under the rules of practice to subpoena or to request

production of any materials, to the extent otherwise discoverable, in

addition to those produced under subsection (d), in connection with

the deposition of any expert witness.

(3) Unless otherwise ordered by the judicial authority for good cause