Conn. Gen. Stat. § 52-48

Current with legislation from the 2024 Regular and Special Sessions.

Section 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.

(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.)

Appeal from probate is an "action" under 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; 165 C. 435; Id., 440; 178 C. 472; 207 Conn. 547; 227 Conn. 848; 229 C. 618; 232 C. 392; 233 C. 352; 236 Conn. 330. Failure to return process in probate matter in accordance with section did not deprive Superior Court of jurisdiction over probate appeal. 289 Conn. 795. Cited. 4 CA 209; 27 Conn.App. 590; 31 CA 793; judgment reversed, see 229 Conn. 618; 32 CA 335; 33 CA 6; 36 Conn.App. 635; judgment reversed, see 236 Conn. 330. Although section sets forth 2-month time limitation for return of process, the legislature, by enacting Sec. 52-72, clearly provided parties an avenue to correct a procedural error concerning such process. 61 CA 305. Remedy for failure to return secondary process. 15 CS 307. Appeal from probate is a civil action within meaning of section. 18 CS 480. Amendment allowed where writ for personal injuries served within 1 year of injury inadvertently designated a return day less than 12 days from date of service. 20 CS 160. To allow motion to amend return day of writ to an earlier date would nullify Secs. 52-46 and 52-47. 28 Conn.Supp. 489. Cited. 29 Conn.Supp. 519; 40 CS 243.