Connecticut Law Revision Commission, Study Committe on Writs of Error, Proposed Revision to Rules of Practice

Proposed draft language revising rules of practice for writs of error

October 10, 2002

Prepared by David L. Hemond

72-1. Writs of Error; In General

(a) Writs of error for errors in matters of law only may be brought from a final judgment of the superior court to the supreme court.

(b) No writ of error may be brought in any civil or criminal proceeding for the correction of any error where (1) the error might have been reviewed by process of appeal, or by way of certification, or (2) the parties, by failure timely to seek a transfer or otherwise, have consented to have the case determined by a court or tribunal from whose judgment there is no right of appeal or opportunity for certification.

(c) A writ of error may be brought to the supreme court to review a proceeding that is not governed by subsection (b) of this section including (1) a decision binding on an aggrieved nonparty; (2) a summary decision of criminal contempt; (3) a denial of transfer of a small claims action to the regular docket; and (4) as otherwise necessary or appropriate in aid of the jurisdiction of the supreme court in accordance with its usages and practices.

72-3. Applicable Procedure

(a) Upon payment in the trial court of the filing fee, the writ, if in proper form [~~and if presented for signature within two weeks after the rendition of the judgment or decree complained of~~], shall be allowed and signed by a judge or clerk of the court in which the judgment or decree was rendered. The writ shall be presented for signature within twenty days after the rendition of the judgment or decree complained of but shall be signed by the clerk even if not presented in a timely manner. Failure without cause to present the writ in a timely manner may be ground for dismissal of the writ by the supreme court.

(b) The writ shall be served and returned as other civil process, except that (1) the writ shall be served at least thirty days, inclusive, before the return day, and (2) shall be returned to the appellate clerk at least twenty days before the return day. The return days of the supreme court are the first Tuesday of each month except the months of July, August and September.

(c) The writ shall be deemed filed the day it is returned. The appellate clerk shall forthwith give notice to all parties of the filing of the writ.

(d) Within twenty days after filing the writ, the plaintiff in error shall file with the appellate clerk two copies of such documents as are necessary to present the claims of error made in the writ, including pertinent pleadings, memoranda of decision and judgment file, accompanied by a certification that a copy thereof has been served on each counsel of record in accordance with Section 62-7.

(e) In the event a transcript is necessary, the plaintiff in error shall follow the procedure set forth in Section 63-8.

(f) Within ten days of the filing by the plaintiff in error of the documents referred to in subsections (d) and (e) of this rule, the defendant in error may file two copies of such additional documents as are necessary to defend the action.

(g) Answers or other plea shall not be filed in response to any writ of error.

Section 72-5. (new) Real Party in Interest.

If the writ is brought against a judge of the superior court to contest a judgment or decision of that judge, the rules for appeals applicable under section 72-4 shall be adapted appropriately to reflect the real parties in interest in the matter that is the subject of review. The supreme court may make such further orders as to the status of those parties as may be appropriate and, in an appropriate case, may make provision for representation of the judge against whom the writ is filed.