Table of Contents Sec. 52-45a. (Formerly Sec. 52-89). Commencement of civil actions. Contents
and signature of process. Civil actions shall be commenced by legal process consisting
of a writ of summons or attachment, describing the parties, the court to which it is
returnable, the return day, the date and place for the filing of an appearance and information required by the Office of the Chief Court Administrator. The writ shall be accompanied by the plaintiff's complaint. The writ may run into any judicial district and shall
be signed by a commissioner of the Superior Court or a judge or clerk of the court to
which it is returnable. Sec. 52-45b. (Formerly Sec. 52-90). Forms for commencement of civil action.
Unless otherwise provided by rule, the forms of legal process for commencement of
civil actions may be as follows: J.W., Commissioner of the Superior Court. (2) Writ of attachment before the Superior Court. J.W., Commissioner of the Superior Court. (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.) Sec. 52-46. Time for service. Civil process, if returnable to the Supreme Court,
shall be served at least thirty days, inclusive, before the day of the sitting of the court,
and, if returnable to the Superior Court, at least twelve days, inclusive, before such day. Sec. 52-46a. Return of process. Process in civil actions returnable to the Supreme
Court shall be returned to its clerk at least twenty days before the return day and, if
returnable to the Superior Court, except process in summary process actions and petitions for paternity and support, to the clerk of such court at least six days before the
return day. Sec. 52-47. Transferred to Chapter 890, Sec. 51-347. Sec. 52-48. Return day of process. (a) Process in civil actions, including transfers
and applications for relief or removal, but not including summary process actions,
brought to the Superior Court may be made returnable on any Tuesday in any month.
The return day in any summary process action may be any week day, Monday through
Saturday, except a holiday. Secs. 52-48a and 52-49. Service and return day of process in Circuit Court.
Appeals from administrative officers, when returnable. Sections 52-48a and 52-49
are repealed. Sec. 52-50. Persons to whom process shall be directed. (a) All process shall be
directed to a state marshal, a constable or other proper officer authorized by statute, or,
subject to the provisions of subsection (b) of this section, to an indifferent person. A
direction on the process "to any proper officer" shall be sufficient to direct the process
to a state marshal, constable or other proper officer. Sec. 52-51. Service by officer before giving bond. Any process in any civil action
which is served by any officer before he has given the bond required by law shall abate. Sec. 52-52. Orders of notice of legal or judicial proceedings. (a) Orders of notice
of legal or judicial proceedings need not be directed to or attested by any officer or
person, as is required of process under section 52-50, but all copies of complaints or
other papers thereby ordered, served or mailed shall be so attested as true copies of
the original. Such order shall not require publication of any recital stating where the
designated newspaper is printed or recital of any other details in or pertinent to the
application for the order which are not essential parts of the notice to be given. Sec. 52-53. State marshal may make special deputation. A state marshal may,
on any special occasion, depute, in writing on the back of the process, any proper person
to serve it. After serving the process, such person shall make oath before a justice of
the peace that he faithfully served the process according to his endorsement thereon and
did not fill out the process or direct any person to fill it out; and, if such justice of the
peace certifies on the process that he administered such oath, the service shall be valid. Sec. 52-54. Service of summons. The service of a writ of summons shall be made
by the officer reading it and the complaint accompanying it in the hearing of the defendant or by leaving an attested copy thereof with him or at his usual place of abode. When
service is made by leaving an attested copy at the defendant's usual place of abode, the
officer making service shall note in his return the address at which such attested copy
was left. Sec. 52-55. When completion of service by another officer allowable. (a) If an
officer to whom any process is directed dies or is removed from office, or becomes
physically incapacitated, or because of other good and sufficient reason is unable to
complete service of the process, after he has commenced to serve it but before completing
service, any other proper officer may complete service. Sec. 52-56. Service of process out of officer's precinct. (a) If any officer has
commenced the service of any civil process within his precinct, he may attach the property of, or serve the process upon, any defendant named in the process outside of his
precinct. An officer shall not be deemed to have commenced service in any civil action
by process of foreign attachment or garnishment by service on the garnishee therein,
unless the garnishee has concealed in his possession, at the time of the service, the
property of the defendant or is indebted to him. Sec. 52-57. Manner of service upon individuals, municipalities, corporations,
partnerships and voluntary associations. (a) Except as otherwise provided, process
in any civil action shall be served by leaving a true and attested copy of it, including the
declaration or complaint, with the defendant, or at his usual place of abode, in this state. Sec. 52-57a. Service of process without state upon persons domiciled or subject to jurisdiction of courts in state. A person domiciled in or subject to the jurisdiction
of the courts of this state or his executor or administrator, may be served with process
without the state, in the same manner as service is made within the state, by any person
authorized to make service by the laws of the state, territory, possession or country in
which service is to be made or by any duly qualified attorney, solicitor, barrister or
equivalent in such jurisdiction. Secs. 52-57b, 52-58, 52-59 and 52-59a. Service of process upon: Partnerships;
corporations, by advertisement or otherwise; voluntary associations; nonresident
and foreign partnerships doing business in Connecticut. Sections 52-57b, 52-58,
52-59 and 52-59a are repealed. Sec. 52-59b. Jurisdiction of courts over nonresidents and foreign partnerships. Service of process. (a) As to a cause of action arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any nonresident
individual, foreign partnership or over the executor or administrator of such nonresident
individual or foreign partnership, who in person or through an agent: (1) Transacts any
business within the state; (2) commits a tortious act within the state, except as to a cause
of action for defamation of character arising from the act; (3) commits a tortious act
outside the state causing injury to person or property within the state, except as to a
cause of action for defamation of character arising from the act, if such person or agent
(A) regularly does or solicits business, or engages in any other persistent course of
conduct, or derives substantial revenue from goods used or consumed or services rendered, in the state, or (B) expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce; (4) owns, uses or possesses any real property situated within the state; or (5)
uses a computer, as defined in subdivision (1) of subsection (a) of section 53-451, or a
computer network, as defined in subdivision (3) of subsection (a) of said section, located
within the state. Sec. 52-59c. Service upon nonresident attaching creditor. In any action brought
to foreclose a mortgage or judgment, tax or mechanic's lien, the attorney of record for
any nonresident attaching creditor, nonresident judgment lienor or nonresident mortgagee who has commenced a foreclosure action on such mortgage shall be the agent
for service of process upon the creditor in the foreclosure and further service shall not
be required. Service of process shall be made by the officer to whom the process is
directed upon the attorney by leaving with or at the office of the attorney, at least twelve
days before the return day of the process, a true and attested copy thereof, and by sending
to the defendant at his last-known address, by registered or certified mail, postage prepaid, a like true and attested copy, with an endorsement thereon of the service upon the
attorney. Sec. 52-59d. Service of process outside country to be in accordance with treaty
or convention or court order. (a) Notwithstanding any provision of the general statutes
relating to service of process, civil process shall not be served outside of the United
States of America in violation of any applicable treaty or convention, including without
limitation, the Hague Convention on Service of Process Abroad. Sec. 52-60. Judge of probate attorney for nonresident fiduciary. (a) No appointment of a nonresident of this state as an executor, administrator, conservator, guardian or trustee may take effect until the person so appointed has filed in the court of probate
making the appointment a certificate, acknowledged before an officer authorized to
take acknowledgments of deeds, appointing the judge of the court of probate and the
judge's successors in office to be his attorney upon whom all process in any action or
proceeding described in section 52-61 and in any garnishment of the estate in the possession of the executor, administrator, conservator, guardian or trustee may be served. Sec. 52-61. Service upon nonresident fiduciaries. Process in civil actions against
a nonresident executor, administrator, conservator, guardian or trustee, in his representative capacity, or in his individual capacity in any action founded upon or arising from
his acts or omissions as such executor, administrator, conservator, guardian or trustee,
may be served by leaving a true and attested copy thereof with the judge of probate in
the district where the estate is in settlement; and such judge shall forthwith give notice
thereof to such executor, administrator, conservator, guardian or trustee. Sec. 52-62. Service upon nonresident in action for negligent operation of motor vehicle. (a) Any nonresident of this state who causes a motor vehicle to be used or
operated upon any public highway or elsewhere in this state shall be deemed to have
appointed the Commissioner of Motor Vehicles as his attorney and to have agreed that
any process in any civil action brought against him on account of any claim for damages
resulting from the alleged negligence of the nonresident or his agent or servant in the
use or operation of any motor vehicle upon any public highway or elsewhere in this
state may be served upon the commissioner and shall have the same validity as if served
upon the nonresident personally. Sec. 52-63. Service upon motor vehicle operator or owner not found at his
recorded address. (a) Any operator or owner of a motor vehicle at the time of issuance
of his license or registration shall be deemed to have appointed the Commissioner of
Motor Vehicles as his attorney and to have agreed that any process in any civil action
against him on account of any claim for damages resulting from his alleged negligence
or the alleged negligence of his servant or agent in the operation of any motor vehicle
in this state may be served upon the commissioner as provided in this section and shall
have the same validity as if served upon the owner or operator personally, even though
the person sought to be served has left the state prior to commencement of the action
or his present whereabouts is unknown. Sec. 52-64. Service in action against state. Service of civil process in any civil
action or proceeding maintainable against or in any appeal authorized from the actions
of, or service of any foreign attachment or garnishment authorized against, the state or
against any institution, board, commission, department or administrative tribunal
thereof, or against any officer, servant, agent or employee of the state or of any such
institution, board, commission, department or administrative tribunal, as such, may be
made by leaving a true and attested copy of the process, including the declaration or
complaint, with the Attorney General or at his office in Hartford. Sec. 52-65. Service upon nonresident in a quo warranto case. Service of an
information in the nature of quo warranto brought against a nonresident usurping any
office in a corporation organized under the laws of this state may be made upon the
nonresident by leaving a copy (1) with the secretary of the corporation if the secretary
resides in this state, or (2) if the secretary does not reside in this state, with a resident
treasurer or assistant treasurer of the corporation. If no such officer resides in this state,
service may be made upon the Attorney General of this state. Any service pursuant to
this section shall constitute service upon the nonresident defendant and shall be sufficient
notice to the defendant to enable the relator to bring the action to trial. Sec. 52-66. Execution of process by borough bailiffs. Section 52-66 is repealed. Sec. 52-67. Service in actions on joint contracts. In actions on joint contracts,
the service of any process upon such of the defendants as are inhabitants of this state
shall be sufficient notice to maintain the suit against all the defendants. Sec. 52-68. Notice to nonresident adverse or interested parties and interested
parties unknown to plaintiff. (a) The Superior Court, and the judges, clerks and assistant clerks thereof, may, except where it is otherwise specially provided by law, make
such order as is deemed reasonable, in regard to the notice which shall be given of the
institution or pendency of all complaints, writs of error and appeals from probate, which
may be brought to or pending in the Superior Court, when the adverse party, or any
persons so interested therein that they ought to be made parties thereto, reside out of
the state, or when the names or residences of any such persons in interest are unknown
to the party instituting the proceeding. Sec. 52-69. Notice to "representatives and creditors", "widow" or "widower
and heirs". The plaintiff in any action for equitable relief to which it would be necessary
to make the executor of the will or administrator of the estate of a deceased person a
party, if there were an executor or administrator, may, if there is no executor or administrator, and if he sets forth in his complaint the interest of such deceased person, make
the deceased person's "representatives and creditors", without further or other designation or description, parties to the action; or if an action for equitable relief is brought
relating to any interest in real property belonging to or claimed by the widow, widower
or heirs of any deceased person, and the plaintiff or his attorney attach to the complaint
in the action an affidavit stating that the plaintiff does not know who the widow, widower
or heirs, or some of them, are, or where they or any of them reside, and, in the process
to the action, describes as parties defendant "the widow and heirs", "the widower and
heirs" or "the heirs", as the case may be, of the deceased person, without further describing the names or residences of any such parties whose names and residences may be
unknown to him, the court to which the action is brought making "representatives and
creditors", "the widow and heirs", "the widower and heirs", or "the heirs" parties defendant, or the clerk, assistant clerk or any judge thereof, may make such order relative to
the notice to be given as the court, clerk, assistant clerk or judge deems reasonable.
Notice having been given according to the order and duly proved, the court may proceed
to a hearing of the action. Any executor or administrator who may be appointed or
qualified pending such proceedings, or any other person claiming as creditor, widow,
widower or heir of the deceased person, may appear and defend in the action. All creditors and representatives of the deceased person shall be forever concluded by the judgment or decree rendered in the action. Sec. 52-70. Endorsement on process for fees. Penalty for exacting illegal fees.
Each officer serving any process shall endorse thereon the items of his fees, with the
number of miles traveled by him. If any officer demands and receives on any civil process
more than his legal fees, he shall pay threefold the amount of all the fees demanded to
the defendant in the action in which the illegal fees were exacted, if such fees have been
paid by the defendant, otherwise to the plaintiff in such action. The provisions of this
section shall not apply to any case in which the fees claimed to be illegal have been
taxed and allowed by the proper authority. Sec. 52-71. Process void if issued or served on Sunday. Section 52-71 is repealed.
Sec. 52-45a. (Formerly Sec. 52-89). Commencement of civil actions. Contents and signature
of process.
Sec. 52-45b. (Formerly Sec. 52-90). Forms for commencement of civil action.
Sec. 52-46. Time for service.
Sec. 52-46a. Return of process.
Sec. 52-47.
Sec. 52-48. Return day of process.
Secs. 52-48a and 52-49. Service and return day of process in Circuit Court. Appeals from
administrative officers, when returnable.
Sec. 52-50. Persons to whom process shall be directed.
Sec. 52-51. Service by officer before giving bond.
Sec. 52-52. Orders of notice of legal or judicial proceedings.
Sec. 52-53. State marshal may make special deputation.
Sec. 52-54. Service of summons.
Sec. 52-55. When completion of service by another officer allowable.
Sec. 52-56. Service of process out of officer's precinct.
Sec. 52-57. Manner of service upon individuals, municipalities, corporations, partnerships and voluntary associations.
Sec. 52-57a. Service of process without state upon persons domiciled or subject to jurisdiction of courts in state.
Secs. 52-57b, 52-58, 52-59 and 52-59a. Service of process upon: Partnerships; corporations, by advertisement or otherwise; voluntary associations; nonresident and foreign
partnerships doing business in Connecticut.
Sec. 52-59b. Jurisdiction of courts over nonresidents and foreign partnerships. Service
of process.
Sec. 52-59c. Service upon nonresident attaching creditor.
Sec. 52-59d. Service of process outside country to be in accordance with treaty or convention or court order.
Sec. 52-60. Judge of probate attorney for nonresident fiduciary.
Sec. 52-61. Service upon nonresident fiduciaries.
Sec. 52-62. Service upon nonresident in action for negligent operation of motor vehicle.
Sec. 52-63. Service upon motor vehicle operator or owner not found at his recorded address.
Sec. 52-64. Service in action against state.
Sec. 52-65. Service upon nonresident in a quo warranto case.
Sec. 52-66. Execution of process by borough bailiffs.
Sec. 52-67. Service in actions on joint contracts.
Sec. 52-68. Notice to nonresident adverse or interested parties and interested parties
unknown to plaintiff.
Sec. 52-69. Notice to "representatives and creditors", "widow" or "widower and heirs".
Sec. 52-70. Endorsement on process for fees. Penalty for exacting illegal fees.
Sec. 52-71. Process void if issued or served on Sunday.
Sec. 52-72. Amendment of process.
(1949 Rev., S. 7811; 1959, P.A. 28, S. 107; 1969, P.A. 520, S. 2; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 7; P.A. 98-
13, S. 2.)
History: 1959 act deleted provision for writs returnable before a justice of the peace; 1969 act substituted "the return
day and the date and time for the filing of an appearance" for "and the time and place of appearance"; P.A. 78-280 substituted
"judicial district" for "county"; P.A. 82-160 replaced "mesne process in civil actions shall be" with "civil actions shall be
commenced by legal process consisting of"; Sec. 52-89 transferred to Sec. 52-45a in 1983; P.A. 98-13 added "information
required by Office of Chief Court Administrator".
See Sec. 52-48 re return day for process in civil action.
Annotations to former section 52-89:
The residence of the parties must be stated; 9 C. 480; and in justice writs, the hour for appearance. 16 C. 44. Writs must
be brought to the next term of court before which there is time to serve them. 1 R. 315. May be brought to adjourned term.
10 C. 488. A writ in favor of a town may be signed by a magistrate who is one of its inhabitants. 1 R. 175. Established
practice allows one hour of grace to parties in appearing in actions brought before justices of the peace; but this limit is
not inflexible. 44 C. 273. A magistrate cannot sign process in his own case nor in favor of the firm of which he is a member.
47 C. 316; overruled, see 222 C. 541 et seq. (See also 60 C. 426.) Id., 575. Petitions under the flowage act are to be served
by citation. 49 C. 347. Issuance of process by de facto magistrate. 77 C. 184. Complaint must accompany writ; proper way
to take advantage of such defect is by motion to erase from docket for want of process. 97 C. 400. Cited. 126 C. 607; 132
C. 515; 141 C. 407; 149 C. 218. The signing of a writ by a lawyer as a commissioner of the superior court is not a mere
ministerial act. A writ of mandamus to compel the signing will not be granted. 142 C. 411. Privilege of using fictitious
names discussed. 147 C. 48. Cited. 162 C. 255. Cited. 166 C. 102, 105, 106. Cited. 166 C. 174. Writ of attachment now
issued only after compliance with chapter 903a. 167 C. 623.
Cited. 8 CS 398; 16 CS 143. Attachment is no part of the original process and cannot affect the judgment to be rendered
thereon. 14 CS 357. True name of plaintiff has no reason to appear in the complaint; the proper place is in the writ. 18 CS
446. Application to court to examine corporate records must be made by writ, summons and complaint. 25 CS 253. Cited.
36 CS 47, 51. Rule against plaintiff attorney signing writ in his own case not violated when his partner signed writ. Id.,
69, 70. Cited. 38 CS 389−391.
Annotations to present section:
Cited. 207 C. 547, 555. Cited. 210 C. 721, 729. Cited. 217 C. 520, 524, 526. Statute does not on its face exclude attorney
from signing a writ in his own case; improperly executed writ does not affect subject matter jurisdiction; Doolittle v. Clark,
47 C. 316 overruled and judgment of appellate court reversed. 222 C. 541, 542, 547, 550. Cited. 223 C. 68, 79. Cited. 225
C. 13, 20. Cited. 236 C. 330, 337. Cited. 239 C. 265.
Cited. 13 CA 223, 228. Cited. 18 CA 508, 513. Cited. 19 CA 203−205. Cited. 22 CA 625, 627. Cited. 25 CA 543, 545;
judgment reversed, see 222 C. 541 et seq. Cited. 27 CA 333, 339. Cited. Id., 621, 622, 626. Cited. 31 CA 155, 162. Cited.
34 CA 579, 583. Cited. 36 CA 635, 639; judgment reversed, see 236 C. 330 et seq. Cited. 38 CA 555, 561. Plaintiff's
failure to properly execute her writ did not deprive trial court of subject matter jurisdiction, merely personal jurisdiction
over defendants unless waived. 53 CA 84.
(Return to TOC) (Return to Chapters) (Return to Titles)
(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..
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..
History: 1959 act substituted circuit court for justice of the peace; 1969 act divided section into Subsecs. and amended
form to specify Tuesday as day of appearance and to specify that appearance is to be made by person summoned or his
attorney by filing statement of appearance with court clerk on or before second day following return date; P.A. 74-183
substituted "superior court" for "circuit court" and "county" for "circuit" where appearing, reflecting transfer of jurisdiction
and amended Subsec. (c) to apply to court of common pleas specifically rather than to unspecified "other courts", effective
December 31, 1974; P.A. 76-436 removed court of common pleas from purview of section, deleting reference to it in
Subsec. (a) and entire Subsec. (c) which had stated that similar forms were to be used in common pleas court, reflecting
transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 77-497 removed from forms statement of
dollar damages claimed by plaintiff; P.A. 77-576 clarified forms by providing for addresses of person summoned or person
whose property is attached and court clerk and by specifying that appearance "is not to be in person"; P.A. 77-604 changed
effective date of P.A. 77-497 but not with respect to this section; P.A. 78-280 referred to judicial districts rather than
counties and specified that forms are to be used "unless otherwise provided by rule"; P.A. 82-160 replaced "mesne process
in civil actions" with "legal process for commencement of civil actions", replaced references to sheriff, deputy and constable
with "any proper officer", replaced "goods or estate" with "real or personal property" and made other minor technical
changes; Sec. 52-90 transferred to Sec. 52-45b in 1983; (Revisor's note: The references in this section to the date "19.."
were changed editorially by the Revisors to "20.." to reflect the new millennium).
See Sec. 52-185 re bond for prosecution.
See Sec. 52-279 re conditions required for granting an attachment.
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 C. 515. Cited. 162 C. 255. Attachment by writ must comply with chapter 903a. 167 C. 623.
Cited. 6 CS 156. Cited. 35 CS 237, 240; 36 CS 47, 51. Cited. 38 CS 389−391.
Annotations to present section:
Cited. 207 C. 547, 555. Cited. 225 C. 13, 20.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1949 Rev., S. 7766; 1959, P.A. 28, S. 202; P.A. 76-436, S. 411, 681.)
History: 1959 act deleted reference to process returnable to a justice of the peace; P.A. 76-436 removed court of common
pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978.
See note to Sec. 52-48.
Want of full time may be waived. 1 C. 169; 43 C. 303. "Service" means the commencement of the action by legal notice
given to the defendant. 17 C. 216. The day of service is to be counted and the first court day to be excluded. 13 C. 16; 51
C. 27. Includes writs of error. 85 C. 375; id., 627. Not applicable to motion to supreme court for order requiring trial court
to make finding. 95 C. 690. Cited. 125 C. 547; 133 C. 719; 134 C. 604; 137 C. 300; 153 C. 131 (fn2). Cited. 192 C. 1, 2,
8. Cited. 236 C. 330, 339.
Cited. 36 CA 635, 640; judgment reversed, see 236 C. 330 et seq.
Cited. 20 CS 162; 24 CS 315. Section nullified if motion to amend return day of writ under section 52-48 is allowed.
28 CS 489, 492, 493. Cited. 29 CS 519. Cited. 44 CS 39−41, 43, 45.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 76-436, S. 178, 681; P.A. 93-187, S. 6.)
History: P.A. 93-187 added "and petitions for paternity and support" after "summary process actions".
Cited. 211 C. 431−433, 435. Cited. 227 C. 848, 851, 853. Cited. 236 C. 330, 338−340.
Cited. 3 CA 566, 568. Cited. 27 CA 590, 593. Cited. 34 CA 579, 583, 584. Cited. 36 CA 635, 639, 640; judgment
reversed, see 236 C. 330 et seq.
Cited. 39 CS 247, 249.
(Return to TOC) (Return to Chapters) (Return to Titles)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) All process shall be made returnable not later than two months after the date of
the process and shall designate the place where court is to be held.
(1949 Rev., S. 7768; 1949, S. 3146d; 1967, P.A. 742, S. 1; 1969, P.A. 293, S. 1; P.A. 74-183, S. 80, 291; P.A. 76-436,
S. 124, 681; P.A. 82-160, S. 9.)
History: 1967 act added alternative of process being returnable on twelfth day following day of service and extended
mandatory return date from "next but one" return day to "next but two" in first sentence, extended requirement place where
court is to be held be designated where court is in New Haven county to all counties, and deleted provision that time within
which pleadings be filed commence to run from first Tuesday of September following return day; 1969 act amended
provisions re return of process to allow return in civil actions on any Tuesday rather than on twelfth day following day of
service or on first Tuesday in any month and to require return not later than two months after date of process rather than
on next return day or "next but two" and to delete provision which prohibited abatement of process in civil action because
the term of the court was not stated in the process; P.A. 74-183 made special separate provision for return day in summary
process actions, effective December 31, 1974; P.A. 76-436 removed court of common pleas from purview of section
reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 rephrased section and inserted
Subsec. indicators.
Appeal from probate is an "action" under this section. 63 C. 413; 76 C. 285. The right to begin a civil action at any
time, which has always existed in this state, is not to be destroyed by statutory implication. 73 C. 229. Cited. Id., 562.
Return day cannot be changed before service without reissuing writ. 74 C. 38. Meaning of phrase "to which it can be made
returnable" as applied to appeal. 83 C. 677. Correction of mistake as to return day of probate appeal before service. 91 C.
110. Not applicable to motion to supreme court for order requiring trial court to make finding. 95 C. 691. Cited. 122 C.
153; 134 C. 605; 154 C. 416. Cited. 165 C. 435, 438. Cited. 165 C. 435, 440. Cited. 178 C. 472, 477. Cited. 227 C. 848,
851, 853. Cited. 229 C. 618, 620. Cited. 232 C. 392, 399. Cited. 233 C. 352, 354.
Cited. 4 CA 209, 214. Cited. 27 CA 590, 594. Cited. 31 CA 793, 795; judgment reversed, see 229 C. 618 et seq. Cited.
32 CA 335, 339. Cited. 33 CA 6, 8.
Remedy for failure to return secondary process. 15 CS 307. Appeal from probate is a civil action within meaning of
this section. 18 CS 480. Amendment allowed where writ for personal injuries served within one year of injury inadvertently
designated a return day less than twelve days from date of service. 20 CS 160. To allow motion to amend return day of
writ to an earlier date would nullify sections 52-46 and 52-47. 28 CS 489, 492, 493. Cited. 29 CS 519.
Subsec. (a):
Cited. 40 CS 243.
Subsec. (b):
Cited. 207 C. 547, 548, 554, 555. Cited. 236 C. 330, 339, 340.
Cited. 36 CA 635, 640; judgment reversed, see 236 C. 330 et seq.
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(1949 Rev., S. 7770; 1959, P.A. 28, S. 38, 106; 1961, P.A. 14; 1963, P.A. 642, S. 86; 1969, P.A. 494; P.A. 74-183, S.
81, 291; P.A. 76-436, S. 125, 681; P.A. 88-317, S. 28, 107; P.A. 89-174, S. 6, 7.)
Cited. 25 CS 512.
Summary process action will not be abated for failure to file with clerk three days before return day. 2 Conn. Cir. Ct.
109. Where additional parties were cited in as parties defendant, the moving papers served on them did not constitute a
new civil action process in which would be subject to provisions of this section. 3 Conn. Cir. Ct. 321.
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(b) Process shall not be directed to an indifferent person unless more defendants
than one are named in the process and are described to reside in different counties in
the state, or unless, in case of a writ of attachment, the plaintiff or one of the plaintiffs,
or his or their agent or attorney, makes oath before the authority signing the writ that
the affiant truly believes the plaintiff is in danger of losing his debt or demand unless
an indifferent person is deputed for the immediate service of the writ or other process.
The authority signing the writ shall certify on the writ that he administered the oath and
insert in the writ the name of the person to whom it is directed, but he need not insert
the reason for such direction. Any process directed to an indifferent person by reason
of such an affidavit shall be abatable on proof that the party making the affidavit did
not have reasonable grounds, at the time of making it, for believing the statements in
the affidavit to be true.
(c) Service of motions for modification, motions for contempt and wage withholdings in any matter involving a beneficiary of care or assistance from the state and in
other IV-D child support cases may be made by any investigator employed by the Commissioner of Administrative Services or the Commissioner of Social Services.
(d) Service of motions for modification, motions for contempt and wage withholdings in any matter involving child support including, but not limited to, petitions for
support authorized under sections 17b-748 and 46b-215, and those matters involving a
beneficiary of care or assistance from the state may be made by a support enforcement
officer or support services investigator of the Superior Court.
(e) Borough bailiffs may, within their respective boroughs, execute all legal process
which sheriffs or constables may execute.
(1949 Rev., S. 7771; 1967, P.A. 828; P.A. 76-334, S. 8, 12; P.A. 77-452, S. 26, 67, 72; 77-594, S. 5, 7; 77-614, S. 70,
521, 610; P.A. 79-560, S. 21, 39; P.A. 82-160, S. 10; P.A. 83-295, S. 16; P.A. 90-213, S. 36, 56; P.A. 93-262, S. 74, 87;
93-396, S. 6; P.A. 00-99, S. 108, 154.)
History: 1967 act authorized investigators employed by finance and control commissioner to make service of motions
for modification or contempt or wage executions in matters involving beneficiaries of state care or assistance; P.A. 76-
334 extended provision added in 1967 to apply to investigators of social services commissioner and added similar provision
empowering court domestic relations officers to act in matters involving child support; P.A. 77-452 removed reference to
domestic relations officers of court of common pleas, that court's functions having been transferred to superior court by
P.A. 76-436, effective July 1, 1978; P.A. 77-594 specifically included petitions for support as a matter involving child
support and authorized family relations officers and support services investigators power to act in such matters; P.A. 77-
614 replaced commissioner of finance and control with commissioner of administrative services and, effective January 1,
1979, replaced commissioner of social services with commissioner of human resources; P.A. 79-560 extended power to
make service of motions, etc. to investigators of commissioner of income maintenance; P.A. 82-160 rephrased section,
inserted Subsec. indicators and added Subsec. (e) which was formerly Sec. 52-66; P.A. 83-295 amended Subsec. (d) to
delete a reference to service by a "domestic relations officer" or "family relations officer" and to authorize service by a
family relations caseworker, family relations counselor or support enforcement officer; P.A. 90-213 deleted provisions
concerning family relations caseworker and family relations counselor; P.A. 93-262 changed reference in Subsec. (c) from
commissioners of income maintenance and human resources to commissioner of social services, effective July 1, 1993;
P.A. 93-396 replaced the word "executions" with "withholdings"; P.A. 00-99 replaced references to sheriff and deputy
sheriff with state marshal in Subsec. (a), effective December 1, 2000.
See Sec. 52-246 re costs for service by an indifferent person.
The indifferent person must be of full age. 2 R. 520. The oath must be administered in the words prescribed. 6 C. 138;
9 C. 206; 14 C. 84; 30 C. 392. The direction may be endorsed on the writ. 9 C. 207. The return of an indifferent person
need not be sworn to. 23 C. 242; But see 74 C. 728. If improperly directed to an indifferent person, process is void; bastardy
complaint. 85 C. 330. Cited. 113 C. 79. Cited. 197 C. 320, 323. Cited. Id., 507, 515.
Cited. 25 CA 555, 559. Cited. 32 CA 147, 150, 151.
Cited. 4 CS 139. Cited. 37 CS 891, 896.
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(1949 Rev., S. 7790.)
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(b) To prove publication of any legal notice, either the return of any officer authorized to serve process or the affidavit of any person showing that the publication was
made as directed shall be sufficient. A copy of the prescribed notice, instead of the
original order, may be left with the newspaper for publication purposes, and each original
order shall be left with or returned to the clerk of the court in which the proceeding is
pending or returnable.
(c) When proof of compliance with the order is filed with the clerk, he shall note
such fact upon the docket, and such proof and order shall be preserved as part of the
case file.
(1949, S. 3148d; P.A. 82-160, S. 11.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
See Sec. 52-68 re notice to nonresident adverse or interested parties and interested parties unknown to plaintiff.
No statutory requisites requiring clerk or assistant clerk of the probate court to attest copies of appeal papers. 20 CS 137.
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(1949 Rev., S. 7772; P.A. 82-160, S. 12; P.A. 00-99, S. 109, 154.)
History: P.A. 82-160 rephrased section; P.A. 00-99 replaced reference to sheriff with state marshal, effective December
1, 2000.
The person deputed may belong to a defendant town. K. 237. Section to be strictly construed; deputation must appear
on copy. 83 C. 276. Authority of sheriff to deputize city clerk to post notice on town signposts is doubtful. 184 C. 483, 493.
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(1949 Rev., S. 7773; 1967, P.A. 91.)
History: 1967 act required officer making service to make note of address where attested copy was left if service is
made by leaving copy at defendant's usual place of abode.
Copy may be left at the house of a convict who is in prison. 11 C. 234. Attachment may be served as a summons. 1 R.
54; id., 128. Married woman could not accept service under former law; 3 C. 258; nor an attorney, without special authority.
1 R. 406; 28 C. 563. In suits against joint debtors, each must be served. 4 C. 426. Suits take effect from the time of their
service upon the defendant, not from the date of process. 41 C. 485. Officer cannot use force merely to identify the person
to be served. 49 C. 64. Officer must personally sign return on copy left with defendant. Id., 248. A nonresident defendant
attending trial here is privileged from the service of process upon him by summons in a civil action; 51 C. 595; so is a
nonresident coming here to testify; 82 C. 589. One illegally brought within precinct of officer. 85 C. 333. Temporary
presence of one in jurisdiction ordinarily is sufficient. 27 C. 9; 67 C. 104. No service of writ of summons is valid unless
accompanied by complaint. 97 C. 400. Meaning of "usual place of abode." 92 C. 57; 105 C. 569. Purpose of requirement
is to insure actual notice. 108 C. 16. Nonresident defendant in a criminal action is not exempt from service of process,
even though brought within jurisdiction by force. 102 C. 13. Service of civil process on defendant fraudulently induced
to come within its reach. 99 C. 98. Facts held to show no such fraud. Id. Service by leaving writ in common hall of two-
family house is void. 108 C. 13. Cited. 178 C. 472, 479; 182 C. 14, 17. Cited. 195 C. 191, 197. Cited. 212 C. 157, 163.
Cited. 5 CA 556, 559.
Unattested copy of writ left at abode of defendant not proper service; defect may be waived by general appearance. 1
CS 73. Proper method of raising issue of improper service is by motion to dismiss or motion to erase. 2 CS 105. Compared
with section 52-62. Id., 134. Cited. 4 CS 138; 11 CS 262. "Usual place of abode" is connotative of residence only and not
domicile. 8 CS 293. Service of writ and complaint was sufficient where it was inserted under the locked front door of the
usual place of abode. 10 CS 365. Service upon defendant domiciled within the state but absent from state at time of service
is sufficient for a personal judgment. 15 CS 18. What constitutes "usual place of abode." 24 CS 324. Application to court
to examine corporate records must be made by writ, summons and complaint. 25 CS 253. Service made at apartment house
is insufficient, must be made at individual apartment in order to be valid. 29 CS 93. Service in motor vehicle civil actions
is not completely covered by this statute. 29 CS 227. Cited. 33 CS 554, 557, 558. Cited. Id., 678. Cited. 40 CS 243, 245.
Cited. 41 CS 367, 369, 373. Cited. 43 CS 10, 11.
Cited. 3 Conn. Cir. Ct. 320. In action commenced before effective date of amendment, failure of officer to note in his
return the address at which abode service was made not ground for abatement. 4 Conn. Cir. Ct. 468, 470, 471.
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(b) If the term of office of any officer to whom any process is directed and who has
commenced to serve it expires before the completion of service, he may nevertheless
proceed to complete service in the same manner and with the same effect as if he still
remained in office.
(1949 Rev., S. 7787; P.A. 82-160, S. 13.)
History: P.A. 82-160 rephrased section and inserted Subsec. indicators.
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(b) If there are two or more defendants, any of whom reside outside of the precinct
of the officer commencing service or, in any action in case of attachment of property
or in case of foreign attachment or garnishment, if any defendant or garnishee resides
outside of the precinct of the officer commencing service, any officer may serve the
process upon such of the defendants or garnishees as reside within his precinct, and may
then (1) complete the service himself upon any defendant or garnishee residing outside
his precinct or (2) deliver the process to an officer of another precinct for service upon
any defendant or garnishee residing in the other precinct and each officer serving the
same shall endorse his actions thereon. The officer completing the service shall include
in his endorsement a copy of the endorsement upon the writ of the officer commencing
service and shall return the process to court.
(c) In any action where process is permitted to be served upon the Secretary of the
State or the Commissioner of Motor Vehicles pursuant to sections 52-57, 52-59b, 52-
62 and 52-63, service of such process may be made by any officer of any precinct having
such process in his hands for service.
(1949 Rev., S. 7788; P.A. 82-160, S. 14; P.A. 85-232, S. 1; P.A. 86-286, S. 1; P.A. 87-196, S. 1; 87-589, S. 86, 87.)
History: P.A. 82-160 rephrased section and inserted Subsec. indicators; P.A. 85-232 added Subsec. (c), permitting
service of process by any officer of any precinct in any action where process may be served upon secretary of the state
and the commissioner of motor vehicles pursuant to Secs. 52-57, 52-59b, 52-62 and 52-63; P.A. 86-286 added Subsec. (d)
permitting officer to serve civil process outside precinct in action initiated within precinct of such officer; P.A. 87-196
amended Subsec. (b) by (1) permitting officer to complete service himself upon defendant or garnishee residing outside
precinct if there are two or more defendants and one resides within his precinct, and (2) deleting requirement that writ be
directed to officers of both precincts; and deleted Subsec. (d) permitting service outside precinct if action initiated within
precinct; P.A. 87-589 changed effective date of P.A. 87-196, S. 1. from October 1, 1987, to May 18, 1987.
A constable, having attached goods in the town in which he lives, may leave a copy with the defendant in another town.
20 C. 377. Cited. 196 C. 233, 237, 238.
Completion of service outside precinct forbidden if apprehension was wrongful within it. 4 CS 456. Statute does not
require sheriff to effect commencement of the action by service within in his own precinct before being authorized to serve
papers outside his own county, but only to commence service in good faith in his home county. 45 CS 336.
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(b) Process in civil actions against the following-described classes of defendants
shall be served as follows: (1) Against a town, upon its clerk, assistant clerk, manager
or one of its selectmen; (2) against a city, upon its clerk or assistant clerk or upon its
mayor or manager; (3) against a borough, upon its manager, clerk or assistant clerk or
upon the warden or one of its burgesses; (4) against a school district, upon its clerk or
one of its committee; and (5) against other municipal or quasi-municipal corporations,
upon its clerk or upon its chief presiding officer or managing agent.
(c) In actions against a private corporation, service of process shall be made either
upon the president, the vice president, an assistant vice president, the secretary, the
assistant secretary, the treasurer, the assistant treasurer, the cashier, the assistant cashier,
the teller or the assistant teller or its general or managing agent or manager or upon any
director resident in this state, or the person in charge of the business of the corporation
or upon any person who is at the time of service in charge of the office of the corporation
in the town in which its principal office or place of business is located. In actions against
a private corporation established under the laws of any other state, any foreign country
or the United States, service of process may be made upon any of the aforesaid officers
or agents, or upon the agent of the corporation appointed pursuant to section 33-922.
(d) In actions against a partnership, service of process may be made by personally
serving any process within the state upon any one of the partners or, if none of the
partners are residents of the state, service may be made upon the Secretary of the State;
provided, prior to the return date, the officer serving the writ shall mail a copy of the
writ and the complaint by registered or certified mail, return receipt requested, to the
last-known address of every partner named in the writ not personally served. A statement
of such mailing and receipt therefor shall be included in the officer's return.
(e) In actions against a voluntary association, service of process may be made upon
the presiding officer, secretary or treasurer. If all of such officers are not residents of
the state and the voluntary association is doing business, acting or carrying out its operations or its functions within the state, the voluntary association shall be deemed to have
appointed the Secretary of the State as its attorney and to have agreed that any process
in any civil action brought against it may be served upon the Secretary of the State and
that the process shall have the same validity as if served personally upon the presiding
officer, secretary or treasurer of the voluntary association. The process shall be served
by any officer to whom the process is directed upon the Secretary of the State by leaving
with, or at the office of, the Secretary of the State, at least twelve days before the return
day of the process, a true and attested copy thereof, and by sending to the defendant at
its last-known address by registered or certified mail, postage prepaid, a like true and
attested copy with an endorsement thereon of the service upon the Secretary of the State.
The officer serving the process upon the Secretary of the State shall leave with the
Secretary of the State, at the time of service, a fee of twenty-five dollars, which fee shall
be taxed in favor of the plaintiff in his costs if he prevails in the action. The Secretary
of the State shall keep a record of each such process and the day and hour of service.
(f) When the other methods of service of process provided under this section or
otherwise provided by law cannot be effected, in actions concerning the establishment,
enforcement or modification of child support orders other than actions for dissolution
of marriage, including, but not limited to, such actions under sections 17b-19, 17b-63
to 17b-65, inclusive, 17b-116 to 17b-138, inclusive, 17b-220 to 17b-250, inclusive, 17b-
256, 17b-259, 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, 17b-689, 17b-689b,
17b-743 to 17b-747, inclusive, and 46b-212 to 46b-213v, inclusive, and chapters 815,
815o, 815t, 815y and 816, and actions to implement garnishments for support under
section 52-362, service of process may be made upon a party to the action by one of the
following methods, provided proof of receipt of such process by such party is presented
to the court in accordance with rules promulgated by the judges of the Superior Court:
(1) By certified mail to a party to the action addressed to the employer of such party.
Any service of process so sent shall include on the outside envelope the words "To be
delivered to the employee in accordance with subsection (f) of section 52-57". The
employer shall accept any such service of process sent by certified mail and promptly
deliver such certified mail to the employee; or
(2) When a party to an action under this subsection is employed by an employer
with fifteen or more employees, by personal service upon an official of the employer
designated as an agent to accept service of process in actions brought under this subsection. Every employer with fifteen or more employees doing business in this state shall
designate an official to accept service of process for employees who are parties to such
actions. The person so served shall promptly deliver such process to the employee.
(1949 Rev., S. 7774; 1955, S. 3149d; 1959, P.A. 152, S. 73; P.A. 73-50; P.A. 82-160, S. 15; P.A. 83-445; P.A. 85-303,
S. 1, 5; P.A. 89-195, S. 5; May Sp. Sess. P.A. 92-6, S. 106, 117; P.A. 96-271, S. 217, 254; June 18 Sp. Sess. P.A. 97-1, S.
69, 75.)
History: 1959 act deleted provisions for actions against county, county commissioners and county clerks, county government having been abolished; P.A. 73-50 allowed service to be made upon an assistant vice president and upon attorneys
of foreign corporations appointed pursuant to Sec. 33-400 rather than upon "resident" attorneys of such corporations
appointed pursuant to Sec. 33-138; P.A. 82-160 inserted Subsec. indicators, added Subsec. (d) concerning service upon
partnerships which was formerly Sec. 52-57b, and added Subsec. (e) concerning service upon voluntary associations which
was formerly Sec. 52-59; P.A. 83-445 specified that copy of writ and complaint be mailed to partners "named in writ";
P.A. 85-303 substituted reference to corporation's attorney for reference to corporation's agent in Subsec. (c) and raised
fee for service of process upon secretary of the state from five to ten dollars; P.A. 89-195 added Subsec. (f) re service of
process in actions concerning child support orders where other methods of service of process cannot be effected; May Sp.
Sess. P.A. 92-6 amended Subsec. (e) to raise fee from ten to twenty-five dollars; P.A. 96-271 amended Subsec. (c) to
replace reference to Sec. 33-400 with Sec. 33-922, effective January 1, 1997; June 18 Sp. Sess. P.A. 97-1 added reference
to Secs. 46b-212 to 46b-213v, inclusive, to Subsec. (f), effective January 1, 1998 (Revisor's note: References in Subsec.
(f) to Secs. "17b-115" and "17b-693" were replaced editorially by the Revisors with "17b-616" and "17b-689b", respectively, and the word "to" preceding "17b-693" was deleted to reflect repeal of Secs. 17b-115, 17b-689a and 17b-690 to
17b-693, inclusive).
See Sec. 4a-17 re service of process on mentally ill or mentally deficient persons.
See Sec. 33-663 re service of process on registered agent for stock corporation.
See Sec. 33-1053 re service of process on registered agent for nonstock corporation.
See Sec. 52-335 re service of garnishee process on a corporation.
Service when there are no officers and but one stockholder. 20 C. 447. Secretary de facto. 6 C. 528. A foreign corporation,
a portion of whose stockholders reside in this state, held not liable to suit by writ of summons in our courts. 14 C. 301.
Action against United States corporations. 5 C. 105. Place where corporation, etc., exercises its powers. 40 C. 70. Service
at selectman's house. 12 C. 92. Effect of acceptance of service by nonresident out of state. 89 C. 215. Appearance as
waiving defects in service. 67 C. 366; 70 C. 329; 77 C. 382; 90 C. 293; 4 Cranch 421. House in this state where one
habitually spent three days a week held his usual place of abode. 92 C. 55. Service by registered mail not sufficient to
make nonresident claimant of bank deposit a party to action by trustee in bankruptcy against bank to recover it. 97 C. 307.
Requirements of jurisdiction by foreign attachment stated. 107 C. 554. Service pursuant to this section sufficient to give
jurisdiction in bastardy action. 118 C. 304. Cited. 121 C. 312; 127 C. 57; 150 C. 190. See note to section 38-6. Service at
door of S's apartment is not service at "usual place of abode" of F. Officer's return may be contradicted and facts shown
to be otherwise. 138 C. 343. Due to legislative history, words "aforesaid officers or agents" construed to permit service
upon a resident director of a foreign corporation. 144 C. 212. Court does not have jurisdiction if service is improper. 145
C. 24. When persons upon whom service may be made are designated by statute, service upon any other person as a
representative of the corporations is inadequate. Id. In the case of a defendant domiciled in, but absent from, the state,
abode service in the state is ordinarily sufficient to give the court in personam jurisdiction. This section is applicable to
divorce and legal separation actions. 150 C. 15. Cited. 181 C. 225, 226. Without a finding that the plaintiff had no notice
in fact, the attack on statute permitting abode service failed. 185 C. 495−497. Cited. 192 C. 1, 2, 8, 9. Cited. 212 C. 157, 163.
Cited. 6 CA 43, 44. Cited. Id., 390, 391. Cited. 13 CA 1−3. Cited. 31 CA 155, 156, 158, 161. Cited. Id., 629, 632. Cited.
34 CA 634, 641. Cited. 44 CA 225.
Cited. 4 CS 139; 9 CS 473; id., 520. Must be read as though there was a comma between the word "agent" and the
concluding phrase "or upon any director resident in this state" to denote that the qualifying phrase "resident in this state"
refers only to directors. 12 CS 97. Service handed to a clerk at a desk in a hotel lobby held void. 14 CS 400. Writ to which
was added names of two additional garnishees after service is abatable. 16 CS 143. Service at home of defendant while
he was hospitalized held "at usual place of abode." 17 CS 432. Attempted service on corporation by leaving copy of
complaint with porter invalid where no showing that the officers could not be found. 18 CS 108. Service of process upon
the secretary of a foreign corporation who is in this state does not give our courts jurisdiction over the corporation unless
it has exposed itself to such jurisdiction by doing business in this state. Id., 387. Service of process at a residence owned
by the defendant and occupied by a tenant, and in which the defendant had an office, was not at the defendant's usual place
of abode and was a nullity. 22 CS 288. What constitutes "usual place of abode." 24 CS 324. Writ placed halfway under
door was service at "usual place of abode." Id., 488. Personal service need not have been made in a legal separation action
where a proper constructive attachment of the property involved was made at the outset of the action. 26 CS 284, 290.
Cited. 27 CS 395. Service by leaving process at house which defendant had vacated three months previously and put up
for sale, herself moving out of state, was not service at her "usual place of abode, in this state". 28 CS 284. Defendant's
former residence, still his family's residence and listed as his voting and licensure address was no longer his place of abode
when he had for over two years worked and lived in England. 28 CS 359. Cited. 33 CS 554, 555, 557; id., 562, 564, 567;
34 CS 501, 502. Cited. 35 CS 297, 299, 300. Hotel room may be defendant's usual place of abode, particularly where he
receives actual notice of the action. 36 CS 335. Cited. 37 CS 790, 792. Cited. 40 CS 1−3.
Service on Connecticut travel agency to secure jurisdiction over foreign hotel corporation whose only contact with
state was travel agency selling tickets for tour on which hotel was regular stop, held ineffective. 3 Conn. Cir. Ct. 403.
Cited. 4 Conn. Cir. Ct. 470. Personal service of writ conferred in personam jurisdiction over defendant although writ did
not specify defendant's address by street and number. 5 Conn. Cir. Ct. 235. Requirement of statute for "abode" service is
to be strictly construed as it is a departure from common law requirement of manual delivery for in personam service.
Service of writ by leaving it in mail box in hallway outside defendant's apartment is so haphazard and uncertain as to fail
to meet statutory requirements. 5 Conn. Cir. Ct. 580. Cited. 6 Conn. Cir. Ct. 54.
Subsec. (a):
Cited. 206 C. 125, 130. Cited. 212 C. 157, 161, 163. Cited. 226 C. 1, 4.
Cited. 1 CA 123, 129. Cited. 25 CA 637, 641. Cited. 34 CA 18, 20, 21.
Cited. 40 CS 1−3. Cited. 41 CS 367, 373.
Subsec. (b):
Cited. 206 C. 374, 378, 379. Cited. 212 C. 157, 161. Subdiv. (5) cited. Id., 157, 163. Cited. 214 C. 1, 4. Subdiv. (1)
cited. 232 C. 392, 394, 400.
Cited. 13 CA 1, 2.
Subsec. (c):
Cited. 196 C. 233, 236. Cited. 206 C. 374, 378, 382. Cited. 212 C. 157, 163. Cited. 219 C. 204, 207, 208.
Cited. 10 CA 201, 203. Cited. 21 CA 339, 340. Cited. 25 CA 637−639, 641, 642. Cited. 34 CA 18, 20, 21.
Cited. 42 CS 187, 191.
Subsec. (d):
Cited. 192 C. 497, 501−503. Cited. 206 C. 374, 378.
Cited. 4 CA 339, 344, 347.
Service on secretary does not fulfill requirements of the statute. 40 CS 1, 2, 4.
Subsec. (e):
Cited. 206 C. 374, 378. Cited. 212 C. 157, 163. Cited. 227 C. 909.
Cited. 31 CA 629−633.
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(1969, P.A. 635.)
See Sec. 52-59b re jurisdiction of courts over nonresidents and foreign partnerships.
Cited. 222 C. 906. Order of notice under Sec. 46b-46 is permissive, not mandatory; is not a condition precedent to
effective in-hand service in another state pursuant to this statute. 226 C. 1, 4, 9.
Cited. 27 CA 142, 145. Cited. 31 CA 569, 571−574.
Meaning of "same manner" provision of this section is that methods of service of process under Sec. 52-57 may be
used to serve process on defendant outside state. 33 CS 562−569. Cited. 39 CS 198, 201.
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(1949, Rev., S. 7775, 7776; 1959, P.A. 634; 1961, P.A. 327, S. 92; 517, S. 39; 1967, P.A. 81; 1969, P.A. 552, S. 1;
744, S. 3; P.A. 79-336; P.A. 82-160, S. 259.)
See Sec. 52-57 re manner of service upon individuals, municipalities, corporations, partnerships and voluntary associations.
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(b) Where personal jurisdiction is based solely upon this section, an appearance
does not confer personal jurisdiction with respect to causes of action not arising from
an act enumerated in this section.
(c) Any nonresident individual, foreign partnership or the executor or administrator
of such nonresident individual or foreign partnership, over whom a court may exercise
personal jurisdiction, as provided in subsection (a), shall be deemed to have appointed
the Secretary of the State as its attorney and to have agreed that any process in any civil
action brought against the nonresident individual or foreign partnership, or the executor
or administrator of such nonresident individual or foreign partnership, may be served
upon the Secretary of the State and shall have the same validity as if served upon the
nonresident individual or foreign partnership personally. The process shall be served
by the officer to whom the same is directed upon the Secretary of the State by leaving
with or at the office of the Secretary of the State, at least twelve days before the return
day of such process, a true and attested copy thereof, and by sending to the defendant
at the defendant's last-known address, by registered or certified mail, postage prepaid,
return receipt requested, a like true and attested copy with an endorsement thereon of
the service upon the Secretary of the State. The officer serving such process upon the
Secretary of the State shall leave with the Secretary of the State, at the time of service,
a fee of twenty-five dollars, which fee shall be taxed in favor of the plaintiff in the
plaintiff's costs if the plaintiff prevails in any such action. The Secretary of the State
shall keep a record of each such process and the day and hour of service.
(1969, P.A. 744, S. 1, 2; 1971, P.A. 213, S. 1; P.A. 82-160, S. 16; P.A. 85-303, S. 2, 5; May Sp. Sess. P.A. 92-6, S.
107, 117; June Sp. Sess. P.A. 98-1, S. 35, 121; P.A. 99-160, S. 4; P.A. 00-191, S. 5, 16.)
History: 1971 act designated existing provisions as Subsecs. (a) and (b) and added Subsec. (c) re service of process on
secretary of the state; P.A. 82-160 rephrased section; P.A. 85-303 raised fee for service of process on secretary of the state
from five to ten dollars; May Sp. Sess. P.A. 92-6 amended Subsec. (c) to raise fee from ten to twenty-five dollars; June
Sp. Sess. P.A. 98-1 made a technical change in Subsec. (c), effective June 24, 1998; P.A. 99-160 made technical and
gender neutral changes and amended Subsec. (a) to add new Subdiv. (5) allowing Connecticut courts to exercise personal
jurisdiction over nonresidents who use computers or computer networks located in this state; P.A. 00-191 amended Subsec.
(c) by adding requirement that registered or certified mail be "return receipt requested", effective September 1, 2000.
See Sec. 52-57a re service of process beyond state borders upon persons domiciled or subject to jurisdiction of Connecticut courts.
Not retroactive to judgments rendered before effective date of passage. 160 C. 53. Cited. 170 C. 567, 578. The term
"transacts any business" embraces a single purposeful business transaction; the execution of a warranty deed in Iowa
concerning property in Connecticut constitutes transacting business within the state. 184 C. 471, 473−477. Cited. 189 C.
162, 171. Cited. 190 C. 48, 53. Cited. 197 C. 34, 40. Cited. 206 C. 125, 126, 129. Cited. 212 C. 311, 314. Cited. 230 C.
472, 475. Cited. 236 C. 602, 607.
Cited. 1 CA 123, 125, 129. Cited. 16 CA 619, 623−625. Cited. 31 CA 569, 571, 573, 574. Cited. 46 CA 799.
Cited. 30 CS 16. Under this section, jurisdiction obtained by service on the executor of a Florida estate is valid where
the nonresident decedent, were he alive, would be subject to personal jurisdiction. 31 CS 417. Service pursuant to this
section upon a nonresident who was a resident at the time he rendered the services complained of held valid. 31 CS 429.
A Maryland business trust cannot be served as an entity, but it can be sued through service upon its officers and agents.
32 CS 124. Cited. 33 CS 562, 565, 566. Cited. 40 CS 15, 17. Cited. 42 CS 25, 31. Cited. 44 CS 400.
Subsec. (a):
Subdiv. (4) cited. 184 C. 471, 477. Cited. 197 C. 34, 40. Cited. 206 C. 125, 141. Subdiv. (1) cited. Id., 125, 131, 135,
138, 141, 142, 148. Subdiv. (2) cited. Id., 125, 131, 142. Cited. 224 C. 730, 737. Subdiv. (3)(B) cited. 236 C. 602, 603,
611. Cited. Id., 602, 607.
Subdiv. (2) cited. 1 CA 123, 129. Subdiv. (1) cited. 23 CA 287, 298. Subdiv. (3) cited. 31 CA 569, 573. Subdiv. (4)
cited. Id.
Cited. 33 CS 562, 565, 566. (1). Although copies of contract attached to complaint showed requirement of out-of-state
acceptance, complaint need not contain all facts and circumstances bearing on its allegation of "transacting business in
this state," so motion to erase based on Sec. 33-397(b)(5) should have been denied; plea in abatement would allow proper
formulation of issue. Id., 628, 636, 637. (2) Conclusion of trial court that allegation of false representation stated cause of
action for "tortious act" was equally applicable to allegation of deceptive trade practice under Sec. 42-115d(a) and allegation
based on confusion caused by use of corporate name; fact that these acts involved formation of contract in no way mitigates
their tortious character. Id., 628, 634, 635. (2). Cited. Id., 562, 567. Cited. 40 CS 15, 17. Subdiv. (1) cited. 42, CS 25, 29.
Subsec. (c):
Cited. 182 C. 14, 16, 17. Cited. 184 C. 471, 473. Cited. 195 C. 191, 197. Cited. 197 C. 34, 40. Cited. 206 C. 374, 382.
Cited. 1 CA 123, 130. Cited. 46 CA 799.
Cited. 33 CS 562, 566. Cited. 40 CS 327, 328.
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(1969, P.A. 681; 1971, P.A. 36; P.A. 82-160, S. 17; P.A. 85-232, S. 2.)
History: 1971 act added reference to judgment or tax liens; P.A. 82-160 rephrased the section; P.A. 85-232 applied
provisions to attorneys of record for nonresident judgment lienors or nonresident mortgagees who have commenced a
foreclosure action on their mortgages.
Cited. 195 C. 191, 197.
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(b) If service of process cannot be made under the applicable treaty or convention
within sixty days, the Superior Court may, upon application, order service of process
upon such terms as the court deems reasonably calculated to give the defendant actual
notice of the proceedings in sufficient time to enable the defendant to defend.
(P.A. 91-324, S. 1.)
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(b) Such person shall agree in the certificate that any such process which is served
on the judge of probate shall be of the same force and validity as if served on himself,
subject to the applicable provisions of sections 52-87 and 52-88, and that the appointment of the judge of probate to be his attorney shall continue in force as long as any
liability remains outstanding against him as a fiduciary and as long as he has any estate
in his possession as a fiduciary.
(c) Copies of the certificate of appointment, certified by the judge or the clerk of
the court of probate, shall be sufficient evidence of appointment and agreement.
(d) Service upon the judge of probate as attorney for the nonresident fiduciary shall
be sufficient service upon the nonresident fiduciary, and shall be made by leaving an
attested copy of the process with such judge of probate, who shall forthwith give notice
thereof to such executor, administrator, conservator, guardian or trustee.
(e) The judge of probate shall keep a record of all process served upon him which
shall show the day and hour when service was made.
(1949 Rev., S. 7777; P.A. 82-160, S. 18.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
See Sec. 45a-206 re right of foreign corporation to be executor or trustee.
Cited. 147 C. 561. Cited. 195 C. 191, 197.
Cited. 18 CS 441.
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(1949 Rev., S. 7778.)
See Sec. 45a-206 re right of foreign corporation to be executor or trustee.
Whether applicable to garnishee process, quaere; if so, should summon executor, not judge. 88 C. 608. The fact that
an estate is being administered in this state empowers our courts to grant an injunction against a nonresident defendant
executor not otherwise before the court. 134 C. 486. Cited. 147 C. 561. Cited. 195 C. 191, 197. Cited. 206 C. 374, 378, 382.
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(b) The death of such a nonresident, whether before or after the commencement of
a civil action, shall not operate to revoke the appointment by the nonresident of the
Commissioner of Motor Vehicles as his attorney for service of process. If the process
is served upon the Commissioner of Motor Vehicles and a true and attested copy thereof
is sent to the administrator, executor or other legal representative of the deceased nonresident in accordance with the provisions of this section, the service shall have the same
validity as if made upon the administrator, executor or legal representative personally.
(c) Process in such a civil action against a nonresident shall be served by the officer
to whom the process is directed upon the Commissioner of Motor Vehicles by leaving
with or at the office of the commissioner, at least twelve days before the return day of
the process, a true and attested copy thereof, and by sending to the defendant or his
administrator, executor or other legal representative, by registered or certified mail,
postage prepaid, a like true and attested copy, with an endorsement thereon of the service
upon the commissioner, addressed to the defendant or representative at his last-known
address. The officer serving the process upon the Commissioner of Motor Vehicles shall
leave with the commissioner, at the time of service, a fee of five dollars, which fee shall
be taxed in favor of the plaintiff in his costs if he prevails in the action. The Commissioner
of Motor Vehicles shall keep a record of each such process and the day and hour of
service.
(d) For the purposes of this section, the term "nonresident" includes a person who
is a resident of this state at the time a cause of action arises and who subsequently moves
to another jurisdiction.
(1949 Rev., S. 7779; 1961, P.A. 192; 581, S. 21; 1967, P.A. 733; P.A. 75-153; P.A. 82-160, S. 19.)
History: 1961 acts added provisions re proceedings on death of nonresident and increased fee from two to five dollars;
1967 act extended section to cases where motor vehicle was used or operated elsewhere than on a public highway; P.A.
75-153 defined "nonresident" for purposes of section; P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Statute constitutional, to be read in connection with section 52-87; copy of writ should be mailed forthwith to defendant;
"last-known address" means that known by those who under ordinary circumstances of life would know it. 113 C. 74; id.,
756; 116 C. 48. Actions begun under this section must be brought within one year of injury; section 52-584 applies, section
52-590 does not. 116 C. 643. Permits service on nonresident defendant in action by nonresident plaintiff. 117 C. 683. Does
not confer jurisdiction against administrator of estate of deceased nonresident. 126 C. 92. Cited. 190 C. 774−777, 782.
Cited. 195 C. 191, 197.
Cited. 10 CA 393, 395.
Service of nonresidents under this section a necessity. 2 CS 105. Service on commissioner not on defendant is no service
at all; motion to erase proper. Id., 134. Service through commissioner is equivalent of personal service whether instituted
by resident or nonresident. 3 CS 65. Late return of service on commissioner of no effect. Id., 160. Statute broad enough
to constitute motor vehicle commissioner attorney for service. Constitutionality. 7 CS 42. Cited. 14 CS 349; 19 CS 287.
Plaintiff hurt by defendant's parked car may serve the motor vehicle commissioner. 14 CS 496. This statute is in derogation
of the common law and is to be strictly construed. 18 CS 290. Prior to 1967 amendment, where injury by motor vehicle
occurred on private property, service on nonresident invalid because vehicle not being operated on the public highways
when the accident occurred. Id. Where both parties are nonresidents and service is made upon the commissioner of motor
vehicles at his office, venue is established in Hartford county. The personal residence of the commissioner is immaterial.
18 CS 442. Section applies to an operator who, at the time of an accident, is a nonresident of this state. 20 CS 406. Under
statute prior to 1961 amendment, the death of a nonresident who caused a motor vehicle to be operated in this state revoked
the statutory appointment of the commissioner of motor vehicles as his agent for service of process. 21 CS 490. No
jurisdiction in personam may be acquired under this section of a defendant who resided in this state at the time of the
accident. 26 CS 508. Cited. 27 CS 395. Statute does not apply to now nonresident operator who held Connecticut license
at time of accident. 29 CS 228, 229. Where copy of process was mailed to "last known" address of defendant and was
received by father at defendant's new address in same town and forwarded to insurer, held purpose of statute was fulfilled.
31 CS 370. Cited. 33 CS 574.
Subsec. (a):
Cited. 190 C. 774, 778. Cited. 206 C. 374, 378.
Subsec. (c):
Cited. 190 C. 774, 778.
Subsec. (d):
Cited. 10 CA 393, 395.
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(b) Service of civil process may be made on a motor vehicle operator licensed under
the provisions of chapter 246 by leaving a true and attested copy of the writ, summons
and complaint at the office of the Commissioner of Motor Vehicles at least twelve days
before the return day and by sending such a true and attested copy at least twelve days
before the return day, by registered or certified mail, postage prepaid and return receipt
requested, to the defendant at his last address on file in the Department of Motor Vehicles
if (1) it is impossible to make service of process at the operator's last address on file in
the Department of Motor Vehicles, and (2) the operator has caused injury to the person
or property of another.
(c) Service of civil process may be made on the owner of a motor vehicle registered
under the provisions of chapter 246 by leaving a true and attested copy of the writ,
summons and complaint at the office of the Commissioner of Motor Vehicles at least
twelve days before the return day and by sending such a true and attested copy at least
twelve days before the return day, by registered or certified mail, postage prepaid and
return receipt requested, to the defendant at his last address on file in the Department
of Motor Vehicles if (1) it is impossible to make service of process at the owner's last
address on file in the Department of Motor Vehicles, (2) the owner has loaned or permitted his motor vehicle to be driven by another, and (3) the motor vehicle has caused injury
to the person or property of another.
(d) If service of process is made at the office of the Commissioner of Motor Vehicles
pursuant to subsection (b) or subsection (c) of this section, the officer making such
service shall certify on the process that he has made a diligent effort to obtain service
at the address of the owner or operator on file in the Department of Motor Vehicles and
has been unable to make such service.
(e) Service of process pursuant to this section shall be sufficient to confer jurisdiction of any such action upon the court to which the process is returnable. The court may
proceed to determine the issues in the action and render final judgment but the court
may, in its discretion, require further order of notice to the operator or owner.
(f) The officer serving such process upon the Commissioner of Motor Vehicles
shall leave with the commissioner, at the time of service, a fee of five dollars, which
fee shall be taxed in favor of the plaintiff in his costs if he prevails in the action. The
Commissioner of Motor Vehicles shall keep a record of each such process and the day
and hour of service.
(1949 Rev., S. 7780; 1957, P.A. 162; 1961, P.A. 581, S. 22; 1967, P.A. 281; P.A. 82-160, S. 20.)
History: 1961 act raised fee for service from two to five dollars; 1967 act removed limitation for service on commissioner
to those cases where vehicle had been operated on a public highway; P.A. 82-160 rephrased the section and inserted Subsec.
indicators; (Revisor's note: In 1997 references to "Motor Vehicle Department" were replaced editorially by the Revisors
with "Department of Motor Vehicles" for consistency with customary statutory usage).
Cited. 182 C. 14, 17. Cited. 195 C. 191, 197. Cited. 206 C. 374, 382. Cited. 236 C. 89, 91−93.
Where defendant was resident of Connecticut at time of accident in Maine but before action commenced established
his residence and domicile in Maine although retaining his Connecticut operator's license and continuing the Connecticut
registry of his automobile, service under this section in Connecticut held invalid. 20 CS 195. Under former statute, a
defendant who was a resident of Connecticut at the time of the accident, but who moved out of the state before suit was
begun, must be served as a nonresident in an in personam action. 20 CS 406. This section existing in derogation of common
law must be strictly complied with to secure its benefits. 26 CS 508. Under section prior to 1967 amendment a road within
a privately owned shopping center was not a "public highway" within the meaning of the section. Id. Operator whose
license has expired and subsequently moved to another state is subject to service through commissioner of motor vehicles.
29 CS 227−230.
Deficiencies in sheriff's return were jurisdictional as this section was not complied with; hence cause was erased from
docket. 5 Conn. Cir. Ct. 594.
Subsec. (a):
Cited. 206 C. 374, 378.
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(1949 Rev., S. 7781; 1967, P.A. 656, S. 36; P.A. 82-160, S. 21.)
History: 1967 act deleted reference to service on the attorney general at his office "in the capitol"; P.A. 82-160 rephrased
the section and added "or garnishment."
Cited. 195 C. 191, 197. Cited. 206 C. 374, 378. Cited. 217 C. 130, 133, 134. Cited. 228 C. 343, 349.
Cited. 2 CA 196, 203.
Cited. 43 CS 10, 11.
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(1949 Rev., S. 7782; 1961, P.A. 517, S. 124; P.A. 82-160, S. 22.)
History: 1961 act deleted redundant language; P.A. 82-160 rephrased the section.
Cited. 195 C. 191, 197.
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(1949 Rev., S. 7783; P.A. 82-160, S. 259.)
See Sec. 52-50 re persons to whom process shall be directed.
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(1949 Rev., S. 7784.)
This is true although after such service the nonresidents become residents. 1 D. 141. Judgment may be rendered at the
first term. 3 C. 474. Service on a nonresident, while temporarily here, is sufficient. 27 C. 9. Cited. 195 C. 191, 197.
Cited. 2 CS 18; 3 CS 85. Authority to "maintain the suit against all the defendants" means all the defendants over whom
the court has jurisdiction. 21 CS 156.
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(b) Such notice, having been given and proved by the affidavit of the officer who
served the notice or by other competent evidence, shall be deemed sufficient service
and notice, and the court may proceed to a hearing, unless otherwise provided by law,
or may order further notice as it deems reasonable.
(1949 Rev., S. 7785; 1961, P.A. 517, S. 40; February, 1965, P.A. 395; P.A. 78-280, S. 101, 127; P.A. 82-160, S. 23.)
History: 1961 act deleted obsolete provision for making of orders by county commissioners; 1965 act amended last
sentence to provide proof be "by the affidavit ... or other competent evidence"; P.A. 78-280 substituted "superior court"
for "any court", reflecting transfer of all trial jurisdiction to superior court, and deleted reference to terms and sessions of
court, reflecting fact that court now sits continuously; P.A. 82-160 replaced "several courts, other than the courts of probate,"
with "superior court" and inserted Subsec. indicators.
See Sec. 52-52 re orders of notice of legal or judicial proceedings.
Effect of service by publication. 89 C. 221. Sufficient notice given. 139 C. 506. Does not apply to actions under section
46-28. 142 C. 173. Cited. 108 C. 175; 147 C. 561. Properly applies to an annulment action against nonresident defendant
where plaintiff is domiciled in Connecticut. 152 C. 160. Action for declaratory judgment to determine title of property in
another state not an in rem action and personal service is required. 152 C. 228. Cited. 182 C. 14, 18. Cited. 190 C. 48, 52.
Cited. 195 C. 191, 197. Cited. 212 C. 157, 164.
Cited. 31 CA 569, 574.
Cited. 39 CS 198, 199.
Subsec. (a):
Cited. 212 C. 157, 164.
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(1949 Rev., S. 7786; P.A. 78-280, S. 102, 127; P.A. 82-160, S. 24.)
History: P.A. 78-280 deleted reference to hearing of cause at court's first term or session after notice given, reflecting
fact that court now sits continuously; P.A. 82-160 rephrased section.
See Sec. 52-87 re continuance of action because of absent or nonresident defendant.
Judgment void if defendant dead when action begun. 117 C. 47. Defect in naming parties rendered it improper for
superior court to make judgment construing will. 151 C. 598.
Cited. 1 CA 535, 539.
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(1949 Rev., S. 7789; P.A. 82-160, S. 25.)
History: P.A. 82-160 made a minor technical change.
See Sec. 6-36 re grounds for removal of sheriffs from office by General Assembly.
See Sec. 52-356a(e) re statement of levying officer's fees before return of satisfied or partially satisfied execution.
This is a penal statute and inapplicable to criminal proceedings. 23 C. 240. Officer not limited to statutory fees, when.
54 C. 5. Under the statute prior to revision, the defendant in the original action could not sue the officer. 74 C. 241.
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(1949 Rev., S. 7791; P.A. 76-415, S. 9; 76-435, S. 81, 82.)
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