Section 52-45b – (Formerly Sec. 52-90). Forms for commencement of civil action

May 11, 2021 | Civil Procedure, Connecticut

Unless otherwise provided by rule, the forms of legal process for commencement of civil actions may be as follows:

(1) Summons for appearance before the Superior Court.

To any proper officer:

By authority of the state of Connecticut, you are hereby commanded to summon A.B. of …. (list address or last known address) to appear before the superior court for the judicial district of …. on the …. Tuesday of …., 20.., the appearance not to be in person but to be made by A.B. or his attorney by filing a written statement of appearance with the clerk of the court whose address is …., (include street number and town) on or before the second day following the return date then and there to answer to C.D. of …. in a civil action, in which the plaintiff complains and says: ….

I, J.W., the subscribing authority, hereby certify that I have personal knowledge as to the financial responsibility of the plaintiff, and deem it sufficient; or, E.F. of …. is recognized in $…. to prosecute, etc.

Of this writ with your actions thereon make due return.

Dated at …. the …. day of …., 20..

J.W. , Commissioner of the Superior Court.

(2) Writ of attachment before the Superior Court.

To any proper officer:

By authority of the state of Connecticut, you are hereby commanded to attach to the value of …. dollars the real or personal property of A.B. of …. (list address or last known address) and him summon to appear before the superior court for the judicial district of …. on the …. Tuesday of …., 20.., the appearance not to be in person but to be made by A.B. or his attorney by filing a written statement of appearance with the clerk of the court whose address is …., (including street number and town) on or before the second day following the return date then and there to answer to C.D. of …. in a civil action, in which the plaintiff complains and says: ….

I, J.W., the subscribing authority, hereby certify that I have personal knowledge as to the financial responsibility of the plaintiff, and deem it sufficient; or, E.F. of …. is recognized in $…. to prosecute, etc.

Of this writ with your actions thereon make due return.

Dated at …. this …. day of …., 20..

J.W. , Commissioner of the Superior Court.

Conn. Gen. Stat. ยง 52-45b

(1949 Rev., S. 7812; 1959, P.A. 28, S. 173; 1969, P.A. 520, S. 1; P.A. 74-183, S. 82, 291; P.A. 76-436, S. 127, 681; P.A. 77-497, S. 1, 7; 77-576, S. 43, 65; 77-604, S. 61, 84; P.A. 78-280, S. 103, 127; P.A. 82-160, S. 8.)

Annotations to former section 52-90: A writ in an action at law for damages is fatally defective if it contains no ad damnum clause; 47 C. 19; but see as to appeal from commissioners on an insolvent estate; 83 C. 34; and as to appeal from board of relief. 109 C. 360. Cited. 113 C. 79; 132 Conn. 515; 162 Conn. 255. Attachment by writ must comply with chapter 903a. 167 Conn. 623. Cited. 6 CS 156; 35 CS 237; 36 Conn.Supp. 47; 38 Conn.Supp. 389. Annotations to present section: Cited. 207 Conn. 547; 225 Conn. 13. Language in citation in zoning appeal that required defendant to appear and answer but did not state that appearance need not be in person and could be made by filing a written statement was defective, but the defect was circumstantial and dismissal was not warranted. 50 Conn.Supp. 513.

See Sec. 52-185 re bond for prosecution. See Sec. 52-279 re conditions required for granting an attachment.