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OLR Research Report


March 27, 2009

 

2009-R-0165

CHANGES TO COURT RULES UNDER CGS § 51-14(B)

By: Jillian L. Redding, Legislative Fellow

You asked us to identify statutes that were converted to court rules under CGS § 51-14(b). You also want to know whether (1) any of the rules were changed, (2) the Judicial Branch submitted proposed changes to the legislature as required by the statute, and (3) the legislature ever took any action on submitted rules.

SUMMARY

CGS § 51-14(b) directs that all statutes relating to pleading, practice, and procedure in existence on July 1, 1957 be deemed to be rules of court and remain in effect as rules only until modified, superseded, or suspended by rules adopted and promulgated by the judges of the Supreme Court or the Superior Court. The law requires the chief justice to report any such rules to the General Assembly for study at the beginning of each regular session. It directs that such rules be referred to the Judiciary Committee for its consideration. The law specifies that any rule or any portion of a rule disapproved by the General Assembly by resolution is void. It requires that a copy of such a resolution be published once in the Connecticut Law Journal.

This statute, which was initially adopted in 1953, has been amended a few times but none of the amendments have altered its requirements or procedures in any significant way.

Based on our examination of the 1963 Connecticut Practice Book, it appears that 103 court rules had as their origin statutes in existence in 1957. We were able to identify 44 of these rules that have been amended or repealed since then. Many have been amended more than once. We found 67 instances of one of these rules being substantively changed or repealed.

The Judicial Branch provided us with letters from February 9, 1965 to the present. These letters appear to cover periods 1963 to 1964, 1967 to 1979, 1981 to 1985 (although the 1985 letter is simply a copy of a letter from the lieutenant governor confirming receipt of the Practice Book addenda), and 1987 to 2008. Only four years appear to be missing: 1965, 1966, 1980, and 1986. The Judicial Branch was unable to locate the letters covering these years. For 10 of these years (1967 to 1977), the Court did not specify any changes to rules. Its letters to the legislature indicated that changes to Supreme Court and Superior Court rules were not subject to legislative review under the Connecticut Constitution. For 21 years, the Court either included copies of rule changes or cited to a supplement or addenda for the rule changes. For nine years, the Court indicated that none of the rule changes affected the 1957 statutes (See Table 1). Copies of the letters are attached.

We have traced the changes made to each of these court rules in Table 2.

We were not able to find any instances where the legislature took action on any of the rule changes by a resolution.

STATUTORY MANDATES

Connecticut General Statute § 51-14(b) was originally passed in 1953. It stated, in relevant part, “All statutes relating to pleading, practice and procedure in existence on July 1, 1953, shall be deemed to be rules of court and shall remain in effect as such only until modified, superseded or suspended by rules adopted and promulgated by the judges of the Superior Court . . . ” The statute further requires the Supreme Court chief justice to report any such changes to the General Assembly at the beginning of each regular session, when a Judiciary Committee hearing is held to review the changes. If the committee disagrees with any of the changes, that specific rule change may be considered void by a resolution, which is then published in the Connecticut Law Journal.

In 1957, this statute was amended, replacing “July 1, 1953” with “July 1, 1957,” making any such statute in effect on July 1, 1957 a rule of court. The amendment also substituted “Supreme Court of Errors” for “Superior Court.” Since 1957, there has been only one small adjustment to subsection (b). In 1976, the legislature added the words “or the Superior Court” to follow “judges of the Supreme Court.” This provision has not been changed since 1976.

1963 PRACTICE BOOK

The 1963 Practice Book was the first Practice Book after the adoption of CGS § 51-14(b) that incorporated procedural statutes into the court rules. In the Preface of the 1963 Practice Book, it notes this fact by stating:

Another important change has resulted from the action of the judges adopting, as rules of court, such procedural statutes as appeared desirable, with any necessary changes in phrasing. These new rules are incorporated in the revision with the result that all matters of procedure are, so far as possible, now governed by rules of court appearing in a single volume.

Thus, we identified the rules in the 1963 Practice Book that cited statutes as their source. We traced these rules through various practice books issued since then and noted any cited amendments to these rules.

LETTERS FROM JUDICIAL BRANCH

The Judicial Branch provided us with copies of letters sent to the legislature that covered rule changes affecting the 1957 statutes, covering all years since 1963, except four years (1965, 1966, 1980, and 1986), as required by CGS § 51-14(b). Under this law, the Court must advise the legislature of any proposed rule changes at the beginning of the regular session.

In the letters from 1965 and 1969 through 1977, the Court did not identify any rule changes for the Supreme and Superior Courts. The Court noted that

Rule changes in the rules of the Supreme Court [and Superior Court] made by the justices [and judges] thereof are not reported since they are not, under the Constitution, subject to legislative review or revision. Of course, all such rule changes are available in the supplement to the 1963 Practice Book.

This format is followed for 1969 through 1977, where the Court states that it is not responsible for reporting Practice Book rule changes for the Supreme and Superior Courts. The letters for 1978 and 1979 direct the Judiciary Committee to see the Connecticut Law Journal for any changes made during those years.

In Table 1 below, for each letter provided to us by the Judicial Branch, we show the date of the letter, the time period that the latter apparently covers, and a summary of pertinent portions of the letter.

Table 1: Letters from the Judicial Branch to the Legislature

Date of letter

Period Covered

Rules

Feb. 9, 1965

1963 and 1964

Specifies rules for common pleas and circuit court

Jan. 14, 1969

1967 and 1968

Specifies that Supreme and Superior Court rules not subject to legislative review.

Jan. 11, 1971

1969 and 1970

Specifies that Supreme and Superior Court rules not subject to legislative review.

Dec. 1, 1971

1971

Specifies that Supreme and Superior Court rules not subject to legislative review.

Jan. 19, 1972

1971

Specifies that Supreme and Superior Court rules not subject to legislative review.

Jan. 4, 1973

1972

Specifies that Supreme and Superior Court rules not subject to legislative review.

Feb. 4, 1974

1973

Specifies that Supreme and Superior Court rules not subject to legislative review.

Jan. 9, 1975

1974

Specifies that Supreme and Superior Court rules not subject to legislative review.

Feb. 2, 1976

1975

Specifies that Supreme and Superior Court rules not subject to legislative review.

Jan. 10, 1977

1976

Specifies that Supreme and Superior Court rules not subject to legislative review.

Feb. 7, 1978

1977

Specifies that Supreme and Superior Court rules not subject to legislative review.

Jan. 3, 1979

1978

All changes affecting Supreme and Superior Court appear in Supp. A of Ct. Law Journal of April 25 and June 20, 1978.

Feb. 6, 1980

1979

All changes affecting Supreme and Superior Court appear in Supp. A of Ct. Law Journal of May 1 and July 31, 1979.

Date of letter

Period Covered

Rules

Feb. 3, 1982

1981

Specified Superior Court rule changes.

Jan. 4, 1983

1982

Specified Superior Court rule changes.

Feb. 2, 1984

1983

Specified Superior Court rule changes.

Jan. 3, 1985

1984

Specified Superior Court rule changes.

Jan. 29, 1986

1985

Letter from Lt. Gov. acknowledging receipt of 1985 practice book addenda.

 

Jan 20, 1988

1987

Specified Superior Court rule changes.

Dec. 23, 1988

1988

Specified Superior Court rule changes.

January 16, 1990

1989

None of court rules modified, superseded, or suspended any of the 1957 statutes.

Dec. 19, 1990

1990

Specified Superior Court rule changes.

Jan. 14, 1992

1991

Specified Superior Court rule changes.

Dec. 23, 1992

1992

Specified Superior Court rule changes.

Jan. 21, 1994

1993

Specified Superior Court rule changes.

Dec. 22, 1994

1994

Specified Superior Court rule changes.

Jan. 29, 1996

1995

Specified Superior Court rule changes.

Jan. 7, 1997

1996

Specified Superior Court rule changes.

Jan. 30, 1998

1997

Specified Superior Court rule changes.

Jan. 6, 1999

1998

None of court rules modified, superseded, or suspended any of the 1957 statutes.

Jan. 19, 2000

1999

None of court rules modified, superseded, or suspended any of the 1957 statutes.

Dec. 27, 2000

2000

Specified Superior Court rule changes.

Jan. 17, 2002

2001

None of court rules modified, superseded, or suspended any of the 1957 statutes.

Dec. 22, 2002

2002

Specified Superior Court rule changes.

Jan. 20, 2004

2003

None of court rules modified, superseded, or suspended any of the 1957 statutes.

Jan. 5, 2005

2004

None of court rules modified, superseded, or suspended any of the 1957 statutes.

Jan. 20, 2006

2005

None of court rules modified, superseded, or suspended any of the 1957 statutes.

Jan. 3, 2007

2006

Specified Superior Court rule changes.

Jan. 24, 2008

2007

None of court rules modified, superseded, or suspended any of the 1957 statutes.

Jan. 5, 2009

2008

None of court rules modified, superseded, or suspended any of the 1957 statutes.

TABLE OF CHANGES TO RULES

There are 103 Practice Book rules in the 1963 Practice Book that are subject to the provisions of CGS § 51-14(b) because they cite statutes as their source. We found 67 instances of these rules being changed. In seven instances, the letters sent to the legislature explicitly identified changes to a rule that had its origin in one of the statutes in effect in 1957. Rules were changed 21 times between 1965 to 1977, during the period when the letters stated that changes to Supreme Court and Superior Court rules were not subject to legislative review under the Connecticut Constitution. Letters from 1990 to 2009 either stated that “none of the court rules adopted and promulgated by the justices of the Supreme Court to the judges of the Superior Court” operate to modify, supersede, or suspend any state statutes relating to pleading, practice, or procedure in existence on July 1, 1957, or that the reported changes were not relevant to the 1957 statutes However, for the time period covered by those letters, 19 rule changes were reported by either the Connecticut Law Journal or indicated by the Practice Book. In addition, it is not clear whether tracking changes to the rules through the various Practice Book revisions captures all the changes to these rules.

Table 2 displays the original Practice Book Rule from 1963, the statute it cites as the source, the current Practice Book rule number, the title of the rule, and amendments to the rule as provided by the Practice Book or Connecticut Law Journal. The last column indicates whether the Judicial Branch submitted a letter to the legislature indicating changes for that particular rule and a summary of the relevant text of that letter.

Table 2: Statutes as Practice Book Rules (from 1963 Practice Book)

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 28

(CGS § 52-89)

Note: Currently P.B. § 8-1.

Mesne Process

i) Conn. L.J., Jan. 3, 1978: Amendment to § 28

ii) 3/20/79 (effective 7/1/79)

iii) 6/21/91 (eff. 10/1/91)

iv) 06/28/99 (eff. 1/1/00)

v) 06/21/04 (eff. 1/1/05)

i) The letter for 1978 cites to the Connecticut Law Journal.

ii) The letter for 1979 cites to the Connecticut Law Journal.

iii) The letter for 1991 specifies changes to other rules but not this one.

iv) The letter for 1999 states that none of the rule changes affected the 1957 statute.

v) The letter for 2004 states that none of the rule changes affected the 1957 statute.

§ 29

(CGS § 52-185)

Note: Currently P.B. § 8-3.

Bond for Prosecution

i) Conn. L.J., July 27, 1976, Supp. A.: Amendment to § 29 on 6/2/69, eff. 9/2/69

ii) 6/19/81 (eff. 10/1/81)

i) The letter for 1969 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

ii) The letter for 1981 specifies changes to other rules but not this one.

§ 31

(CGS § 52-185)

Note: Currently P.B. § 8-5.

Remedy for Failure to Give Bond

   

§ 32

(CGS § 52-186)

Note: Currently P.B. § 8-6.

Bond Ordered by Court

6/19/92 (eff. 10/1/92)

The letter for 1992 specifies changes to other rules but not this one.

§ 34

(CGS § 52-187)

Note: Currently P.B. § 8-8.

Member of Community Defending to Give Bond

   

§ 35

(CGS § 52-188)

Note: Currently P.B. § 8-9.

Bond by Non-Resident in Realty Action

   

§ 36

(CGS § 52-189)

Note: Currently P.B. § 8-10.

Surety Company Bond Acceptable

   

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 37

(CGS § 52-190)

Note: Currently P.B. § 8-11.

Action on Probate Bond

   

§ 45

(CGS § 52-86)

Note: Currently P.B. § 3-13.

When Creditor May Appear and Defend

   

§ 46

(CGS § 52-87)

Note: Currently P.B. § 9-1.

Continuance for Absent or Nonresident Defendant

   

§ 47

(CGS § 52-88)

Note: Currently P.B. § 9-2.

Defense by Garnishee; Continuance

   

§ 49

(CGS § 52-101)

Note: Currently P.B. § 9-3.

Interested Persons as Plaintiffs

   

§ 50

(CGS § 52-104)

Note: Currently P.B. § 9-4.

Joinder of Plaintiffs & Consolidation of Causes

6/23/86 (eff. 10/1/86)

The Judicial Branch indicated that they could not locate a letter for this year (1986).

§ 51

(CGS § 52-102)

Note: Currently P.B. § 9-6.

Interested Persons as Defendants

   

§ 52

(CGS § 52-105)

Note: Currently P.B. § 9-7.

Numerous Parties

§ 52 was split into sections in the 1978 version. Title changed to “Class Action.”

It is unclear when this change occurred, but the letters covering 1967 to 1977 state that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 53

(CGS § 52-106)

Note: Currently P.B. § 9-11.

Executor, Administrator or Trustee of Express Trust

   

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 54

(CGS § 52-78)

Note: Currently P.B. § 9-12.

Personal Representative of Cocontractor

   

§ 61

(CGS § 52-107)

Note: Currently P.B. § 9-18.

Additional Parties Summoned in by Court

   

§ 62

(CGS § 52-108)

Note: Currently P.B. § 9-19.

Nonjoinder and Misjoinder

   

§ 63

(CGS § 52-109)

Note: Currently P.B. § 9-20.

Substituted Plaintiff

   

§ 64

(CGS § 52-110)

Note: Currently P.B. § 9-21.

Counterclaim; Third Parties

   

§ 68

(CGS § 52-116)

Note: Currently P.B. § 9-25.

Action on Bond to Municipal Officer

   

§ 70

(CGS § 52-98)

Note: Currently P.B. § 10-1.

Fact Pleading

   

§ 73

(CGS § 52-99)

Note: Currently P.B. § 10-5.

Untrue Allegations or Denials

6/19/92 (eff. 10/1/92)

Letter from Judicial Branch, Dec. 23, 1992, indicating a change to this rule.

§ 82

(CGS § 52-119)

Note: Currently P.B. § 10-18.

Penalty for Failing to Plead

   

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 85

(CGS § 52-91)

Note: Currently P.B. § 10-20.

Contents of Complaint

i) 3/30/79 (eff. 07/1/79)

ii) 5/20/80 (eff. 10/1/80)

iii) 06/25/82 (eff. 10/1/82)

iv) 06/24/83 (eff. 10/1/83)

i) The letter for 1979 cites to the Connecticut Law Journal.

ii) The Judicial Branch indicated that they could not locate a letter for this year (1980).

iii) The letter for 1982 specifies changes to other rules but not this one.

iv) The letter for 1983 specifies changes to other rules but not this one.

§ 86(1)

(CGS § 52-97)

Note: Currently P.B. § 10-21.

Joinder Causes of Action – In General

   

§ 96

(CGS § 52-124)

Note: Currently P.B. § 10-34.

Pleading Over by Defendant

The wording in the 1978 version is different, but it does not cite an amendment date. Title changed to “Further Pleading by Defendant.”

It is unclear when this change occurred, but the letters covering 1967 to 1977 state that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 97

(CGS § 52-125)

Pleading Over by Plaintiff

Repealed 1978

The letter for 1978 cites to the Connecticut Law Journal.

§ 100

(CGS § 52-100)

Note: Currently P.B. § 10-35.

Motion to Expunge

The 1978 version of the rule has different text than the 1963 version. (Current P.B. title “Request to Revise”). No date as to change.

It is unclear when this change occurred, but the letters covering 1967 to 1977 state that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 107

(CGS § 52-92)

Note: Currently P.B. § 10-41.

Demurrers to be Specific

Title changed to “Reasons in Motion to Strike”

 

§ 113

(CGS § 52-95)

Pleading Over if Demurrer Overruled

Repealed 1978

The letter for 1978 cites to the Connecticut Law Journal.

§ 114

(CGS § 52-232)

Note: Currently P.B. § 10-43.

Judge to File Memorandum of Decision

   

§ 116

(CGS § 52-93)

Note: Currently P.B. § 10-46.

The Answer – General and Special Denial

   

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 123

(CGS § 52-114)

Note: Currently P.B. § 10-53.

Pleading Contributory Negligence

   

§ 124

(CGS § 52-96)

Note: Currently P.B. § 10-54.

Pleading of Counterclaim and Setoff

   

§ 127

(CGS § 52-94)

Note: Currently P.B. § 10-56.

Plaintiff's Response to Answer

   

§ 129

(CGS § 52-94)

Note: Currently P.B. § 10-58.

Pleadings Subsequent to Reply

   

§ 131

(CGS § 52-128)

Note: Currently P.B. § 10-59.

Amendment as of Right by Plaintiff

   

§ 132

(CGS § 52-130)

Note: Currently P.B. § 10-60.

Amendment by Consent or Order of Court

Conn. L.J., June 23, 1970: Amendment to § 132.

The letter for 1970 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 135

(CGS § 52-137)

Note: Currently P.B. § 10-63.

Amendment; Legal or Equitable Relief

   

§ 136

(CGS § 52-138)

Note: Currently P.B. § 10-64.

Amendment Calling for Legal Relief; Jury Trial

   

§ 137

(CGS § 52-136)

Note: Currently P.B. § 10-65.

Amending Contract to Tort and Vice Versa

   

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 138

(CGS § 52-132)

Note: Currently P.B. § 10-66.

Amendment of Ad Damnum Clause

Title changed to “Amendment of Amount in Demand”

i) 05/20/80 (eff. 10/1/80)

ii) 06/19/81 (eff. 10/1/81)

i) The Judicial Branch indicated that they could not locate a letter for this year (1980).

ii) The letter for 1981 specifies changes to other rules but not this one.

§ 139

(CGS § 52-131)

Note: Currently P.B. § 10-67.

Amendment of Claim against Insolvent Estate

   

§ 141

(CGS § 52-113)

Common Counts

Repealed 1978

The letter for 1978 cites to the Connecticut Law Journal.

§ 146

(CGS § 52-117)

Note: Currently P.B. § 10-71.

Action on Probate Bond

   

§ 147

(CGS § 52-118)

Note: Currently P.B. § 10-72.

Action by Assignee of Chose in Action

   

§ 148

(CGS § 52-115)

Note: Currently P.B. § 10-73.

Pleading Charters

   

§ 155

(CGS § 52-196)

Note: Currently P.B. § 14-23.

Motions to Continue or Postpone

   

§ 161

(CGS § 52-52)

Note: Currently P.B. §

11-7.

Attestation; Publication; Proof of Compliance

   

§ 163

(CGS § 52-31)

Note: Currently P.B. § 12-1.

Transfer between Counties and Localities in Counties

   

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 165

(CGS §§ 52-31, 52-37, 52-37b, 52-133)

Note: Currently P.B. § 12-3.

Transmission of Files and Papers

i) Conn. L.J., July 25, 1972: Amended § 165.

ii) 06/29/98 (eff. 1/1/99)

i) The letter for 1972 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

ii) The letter for 1998 specifies changes to other rules but not this one.

§ 167

(CGS § 52-197)

Note: Currently P.B. § 13-2

Discovery – Court May Order

09/12/86 (eff. 10/1/86)

The Judicial Branch indicated that they could not locate a letter for this year (1986).

§ 175

(CGS § 52-200)

Note: Currently P.B. § 13-18.

Disclosures in Equity

   

§ 177

(CGS § 52-206)

Note: Currently P.B. § 13-22.

Admission of Execution of Writings

6/23/86 (eff. 10/1/86)

The Judicial Branch indicated that they could not locate a letter for this year (1986).

§ 189

(CGS § 52-215)

Note: Currently P.B. § 7-1.

Dockets; Clerk's Records

i) Conn. L.J., August 27, 1974: § 189 repealed and new text put in its place.

ii) 06/21/96 (eff. 10/1/96)

i) The letter for 1974 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

ii) The letter for 1996 specifies changes to other rules but not this one.

§ 210

(CGS § 52-85)

Note: Currently P.B. § 14-22.

Assignment on Motion of Garnishee

   

§ 221

(CGS § 52-205)

Note: Currently P.B. § 15-1.

Order of Trial

   

§ 227

(CGS § 52-208)

Note: Currently P.B. § 5-6.

Reception of Evidence Objected To

   

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 233

(CGS § 52-209)

Note: Currently P.B. § 15-7.

Argument by Counsel – Time Limit

 

Letter from Judicial Branch, Jan. 30, 1998, indicating a change to this rule.*

§ 238

(CGS § 51-239)

Note: Currently P.B. § 16-4(c).

Jury Trials - Selection of Panel

   

§ 241

(CGS § 51-246)

Court May Require Jury to Remain Together

Repealed 1978

The letter for 1978 cites to the Connecticut Law Journal.

§ 242

(CGS § 52-216)

Note: Currently P.B. § 16-9.

Questions of Law and Fact

   

§ 243

(CGS § 52-218)

Note: Currently P.B. § 16-10.

Order by Court for Jury Trial of Equitable Issues

i) 06/25/82 (eff. 10/1/82)

ii) 06/21/96 (eff. 10/1/96)

i) The letter for 1982 specifies changes to other rules but not this one.

ii) The letter for 1996 specifies changes to other rules but not this one.

§ 244

(CGS § 52-219)

Note: Currently P.B. § 16-11.

Cases Presenting Both Legal and Equitable Issues

   

§ 246

(CGS § 52-223)

Note: Currently P.B. § 16-17.

Jury Returned for Reconsideration

   

§ 258

(CGS § 52-225)

Note: Currently P.B. § 17-2.

Judgment on Verdict and Otherwise

 

Letter from Judicial Branch, Jan. 7, 1997, indicating a change to this rule.*

§ 259

(CGS § 52-228)

Note: Currently P.B. § 17-3.

Remittitur Where Judgment Too Large

   

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 260

(CGS § 52-231)

Note: Currently P.B. § 17-5.

Facts to Appear on Record

   

§ 274

(CGS § 52-193)

Note: Currently P.B. § 17-11.

Offer of Judgment – How Made

i) 06/24/02 (eff. 1/1/03)

ii) 06/26/06 (eff. 1/1/07)

i) The letter for 2002 specifies changes to other rules but not this one.

ii) The letter for 2006 specifies changes to other rules but not this one.

§ 275

(CGS § 52-194)

Note: Currently P.B. § 17-12.

Acceptance of Offer

06/26/06 (eff. 1/1/07)

The letter for 2006 specifies changes to other rules but not this one.

§ 276

(CGS § 52-195)

Note: Currently P.B. § 17-13.

Offer Not Accepted

06/26/06 (eff. 1/1/07)

The letter for 2006 specifies changes to other rules but not this one.

§ 278

(CGS § 52-210)

Note: Currently P.B. § 15-8.

Nonsuit for Failure to Make Out a Prima Facie Case

Title changed to “Dismissal for Failure to Make Out A Prima Facie Case.” No date given as to change.

 

§ 279

(CGS § 52-211)

Refusal to Set Aside Nonsuit

Repealed 1978

The letter for 1978 cites to the Connecticut Law Journal..

§ 285

(CGS § 51-55)

When Judgment Entered By Clerk

Repealed 1978

The letter for 1978 cites to the Connecticut Law Journal.

§ 286

(CGS § 52-212)

Note: Currently P.B. § 17-43.

Opening Judgment upon Default or Nonsuit

06/21/96 (eff. 10/1/96)

Letter from Judicial Branch, Jan. 7, 1997, indicating a change to this rule.

§ 289

(CGS § 52-221)

Note: Currently P.B. § 17-34.

Hearings in Damages - Notice of Defenses

06/21/96 (eff. 10/1/96)

Letter from Judicial Branch, Jan. 7, 1997, indicating a change to this rule.

§ 314

(CGS § 51-52)

Note: Currently P.B. § 7-2.

General Duties of Clerk

06/19/81 (eff. 10/1/81)

Letter from Judicial Branch, Feb. 3, 1982, indicating a change to this rule.

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 317

(CGS § 51-53)

Note: Currently P.B. § 7-5.

Notice to Attorneys

i) Conn. L.J., June 23, 1964: Amended § 317.

ii) Conn. L.J., July 25, 1972: Amended § 317.

iii) 06/20/94 (eff. 10/1/94)

i) A letter for 1964 specifies changes to other rules but not this one.

ii) The letter for 1972 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

iii) The letter for 1994 specifies a change to rule, with the title “Notice to Referees and Attorneys and Pro Se Parties.”

§ 323

(CGS § 51-54)

Note: Currently P.B. § 7-9.

Completing Records

   

§ 325

(CGS § 51-59)

Note: Currently P.B. § 7-17.

Clerks' Offices

i) Conn. L.J., March 7, 1967: Amendment to § 325.

ii) Conn. L.J., May 23, 1970: Amendment to§ 325.

iii) 06/28/90 (eff. 10/1/90)

iv) 06/24/02 (eff. 1/1/03)

v) 06/21/04 (eff. 07/13/04)

i) The Judicial branch indicated that they could not locate a letter for this year (1967).

ii) The letter for 1970 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

iii) The letter for 1990 specifies changes to other rules but not this one.

iv) The letter for 2002 specifies changes to other rules but not this one.

v) The letter for 2004 states that none of the rule changes affected the 1957 statutes.

§ 369

(CGS § 51-189)

Note: Currently P.B. § 20-3.

Transfer of Hearings before Judges

   

§ 370

(CGS § 51-190)

Note: Currently P.B. § 20-4.

Trial before Judge; Lodging File and Papers

   

§ 371

(CGS § 51-191)

Note: Currently P.B. § 20-5.

Lodging Papers in Cause Affecting Land

   

§ 372

(CGS § 51-192)

Note: Currently P.B. § 20-6.

Clerk Designated by Judge to Take Papers

   

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 378

(CGS § 46-17)

Note: This is not in the 2009 P.B. No date as to if/when repealed or changed.

Divorce – Order of Notice of Complaint

Conn. L.J., July 27, 1976, Supp. A.: Amendment to § 378 amended on 6/24/74, eff. 10/1/74.

The letters for 1974 and 1976 state that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 388

(CGS § 46-29)

Note: This is not in the 2009 P.B. No date as to if/when repealed or changed.

Legal Separation – Procedure in General

   

§ 409

(CGS § 52-506)

Note: Currently P.B. § 21-4.

Receiver to Give Bond

06/25/01 (eff. 1/1/02)

The letter for 2001 states that none of the rule changes affected the 1957 statutes.

§ 420

(CGS § 52-508)

Note: Currently P.B. § 21-14.

Semi-Annual Accounts

06/25/01 (eff. 1/1/02)

The letter for 2001 states that none of the rule changes affected the 1957 statutes.

§ 423

(CGS § 52-513)

Note: Currently P.B. § 21-17.

Removal of Receivers

   

§ 455

(CGS § 52-469)

Habeas Corpus – Subsequent Pleadings

Repealed as of 10/1/95

The letter for 1995 specifies changes to other rules but not this one.

§ 456

(CGS § 52-469)

- Amendments

Repealed as of 10/1/95

The letter for 1995 specifies changes to other rules but not this one.

§ 457

(CGS § 52-470)

- Summary Disposal of Case

Repealed as of 10/1/95

The letter for 1995 specifies changes to other rules but not this one.

§ 477

(CGS § 54-90)

Record of Nolled Cases

Repealed 1976

The letter for 1976 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 479

(CGS § 54-88)

State to Open and Close Arguments

Repealed 1976

The letter for 1976 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

Table 2: -Continued-

1963 Practice Book §

(CGS §)

Initial Title of Rule

Changes to the Rule

(as cited by P.B. or Conn. Law Journal)

Letter from Judicial to Legislature

§ 480

(CGS § 54-89)

Direction of Court to Jury

Repealed 1976

The letter for 1976 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 482

(CGS § 54-92)

Pronouncement of Sentence to State Prison

Repealed 1976

The letter for 1976 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 483

(CGS § 54-93)

Clerks to Notify Warden of State Prison Sentences

Repealed 1976

The letter for 1976 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 485

(CGS § 54-67)

When Attorneys Not Allowed to Give Bonds

Repealed in 1976

The letter for 1976 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 492

(CGS § 54-57)

Joinder of Offenses of the Same Character

Repealed in 1976. Joinder is now covered from former 1963 P.B. § 86

The letter for 1976 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 518

(CGS § 54-59)

Other Allegations - Ownership by More Than One

Repealed in 1976

The letter for 1976 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

§ 520

(CGS § 54-58)

Description of Money

Repealed in 1976

The letter for 1976 states that reporting of changed rules is unnecessary as “they are not subject to legislative review” under the Conn. Constitution.

* We were unable to locate the amendment to this rule referred to in the Judicial Branch's letter.

JR:ak