*Failure to name and serve a successful applicant in an appeal from a zoning board decision does not deprive court of subject matter jurisdiction; judgment of Appellate Court in 16 CA 604 reversed. 212 C. 628. Cited. 236 C. 453.
Chapter not exhaustive. 32 CS 124.
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.
(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 1 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, see also 60 C. 426. 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. 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. 149 C. 218; 162 C. 255; 166 C. 102; Id., 174. Writ of attachment now issued only after compliance with chapter 903a. 167 C. 623.
Cited. 8 CS 398. Attachment is no part of the original process and cannot affect the judgment to be rendered thereon. 14 CS 357. Cited. 16 CS 143. 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. Rule against plaintiff attorney signing writ in his own case not violated when his partner signed writ. Id., 69. Cited. 38 CS 389.
Annotations to present section:
Cited. 207 C. 547; 210 C. 721; 217 C. 520. 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; 47 C. 316 overruled and judgment of Appellate Court reversed. 222 C. 541. Cited. 223 C. 68; 225 C. 13; 236 C. 330; 239 C. 265.
Cited. 13 CA 223; 18 CA 508; 19 CA 203; 22 CA 625; 25 CA 543; judgment reversed, see 222 C. 541; 27 CA 333; Id., 621; 31 CA 155; 34 CA 579; 36 CA 635; judgment reversed, see 236 C. 330; 38 CA 555. 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. Action not “commenced” within meaning of section by prejudgment remedy documents lacking a signed writ of summons and complaint. 61 CA 234. Because trade name is not an entity with legal capacity to sue, corporation had no standing to litigate the merits of case when it brought an action solely in its trade name, without corporation itself being named as a party. 87 CA 474. Plaintiff's attorney's failure to sign civil summons form was a circumstantial defect that did not deprive court of personal jurisdiction over defendants because the attorney directed a process server to serve defendants. 96 CA 320.
Listing the address of property that was subject of zoning appeal in the citation and complaint, rather than street address of plaintiff as required by preprinted form, was a circumstantial defect under common law whether or not ameliorative statutes apply and did not deprive court of subject matter jurisdiction. 50 CS 513.
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:
(1) Summons for appearance before the Superior Court.
To any proper officer:
By authority of the state of Connecticut, you are hereby commanded to summon A.B. of . (list address or last known address) to appear before the superior court for the judicial district of . on the . Tuesday of . 20. the appearance not to be in person but to be made by A.B. or his attorney by filing a written statement of appearance with the clerk of the court whose address is . (include street number and town) on or before the second day following the return date then and there to answer to C.D. of . in a civil action, in which the plaintiff complains and says: .
I, J.W., the subscribing authority, hereby certify that I have personal knowledge as to the financial responsibility of the plaintiff, and deem it sufficient; or, E.F. of . is recognized in $. to prosecute, etc.
Of this writ with your actions thereon make due return.
Dated at . the . day of . 20..
J.W., Commissioner of the Superior Court.
(2) Writ of attachment before the Superior Court.
To any proper officer:
By authority of the state of Connecticut, you are hereby commanded to attach to the value of . dollars the real or personal property of A.B. of . (list address or last known address) and him summon to appear before the superior court for the judicial district of . on the . Tuesday of . 20. the appearance not to be in person but to be made by A.B. or his attorney by filing a written statement of appearance with the clerk of the court whose address is . (including street number and town) on or before the second day following the return date then and there to answer to C.D. of . in a civil action, in which the plaintiff complains and says: .
I, J.W., the subscribing authority, hereby certify that I have personal knowledge as to the financial responsibility of the plaintiff, and deem it sufficient; or, E.F. of . is recognized in $. to prosecute, etc.
Of this writ with your actions thereon make due return.
Dated at . this . day of . 20..
J.W., Commissioner of the Superior Court.
(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.)
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: In 2001 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; 162 C. 255. Attachment by writ must comply with chapter 903a. 167 C. 623.
Cited. 6 CS 156; 35 CS 237; 36 CS 47; 38 CS 389.
Annotations to present section:
Cited. 207 C. 547; 225 C. 13.
Language in citation in zoning appeal that required defendant to appear and answer but did not state that appearance need not be in person and could be made by filing a written statement was defective, but the defect was circumstantial and dismissal was not warranted. 50 CS 513.
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.
(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.
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 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; 192 C. 1; 236 C. 330.
Cited. 36 CA 635; judgment reversed, see 236 C. 330.
Cited. 20 CS 162; 24 CS 315. Section nullified if motion to amend return day of writ under Sec. 52-48 is allowed. 28 CS 489. Cited. 29 CS 519; 44 CS 39.
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 parentage and support, to the clerk of such court at least six days before the return day.
(P.A. 76-436, S. 178, 681; P.A. 93-187, S. 6; P.A. 21-15, S. 143.)
History: P.A. 93-187 added “and petitions for paternity and support” after “summary process actions”; P.A. 21-15 replaced “paternity” with “parentage”, effective January 1, 2022.
Cited. 211 C. 431; 227 C. 848; 236 C. 330. Failure to return process in probate matter in accordance with section did not deprive Superior Court of jurisdiction over probate appeal. 289 C. 795.
Cited. 3 CA 566; 27 CA 590; 34 CA 579; 36 CA 635; judgment reversed, see 236 C. 330. Failure to comply with section's mandate renders proceeding voidable, rather than void, and subject to dismissal. 126 CA 314.
Cited. 39 CS 247.
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.
(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 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 C. 547; 227 C. 848; 229 C. 618; 232 C. 392; 233 C. 352; 236 C. 330. Failure to return process in probate matter in accordance with section did not deprive Superior Court of jurisdiction over probate appeal. 289 C. 795.
Cited. 4 CA 209; 27 CA 590; 31 CA 793; judgment reversed, see 229 C. 618; 32 CA 335; 33 CA 6; 36 CA 635; judgment reversed, see 236 C. 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 CS 489. Cited. 29 CS 519; 40 CS 243.
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.
(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.)
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.
(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. Any indifferent person who, knowing that he is not authorized to do so under this section or any other provision of the general statutes, serves process shall be guilty of a class A misdemeanor.
(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-745 and 46b-215, and those matters involving a beneficiary of care or assistance from the state, and service of other process in IV-D support cases, as defined in subdivision (13) of subsection (b) of section 46b-231, 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 state marshals 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; P.A. 01-195, S. 57, 181; P.A. 04-257, S. 79; P.A. 13-194, S. 12; P.A. 14-86, S. 2.)
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; P.A. 01-195 substituted “state marshals” for “sheriffs” in Subsec. (e), effective July 11, 2001; P.A. 04-257 made technical changes in Subsec. (d), effective June 14, 2004; P.A. 13-194 amended Subsec. (d) to add provision re service of other process in IV-D support cases, as defined in Sec. 46b-231(b)(13); P.A. 14-86 amended Subsec. (b) by adding provision re indifferent person who serves process, knowing that he is not authorized to do so, to be guilty of a class A misdemeanor.
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; 197 C. 320; Id., 507.
Cited. 25 CA 555; 32 CA 147.
Cited. 4 CS 139; 37 CS 891.
Service of process in accordance with Subsec. not required under Practice Book Sec. 2-38(a). 260 C. 435.
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.
(1949 Rev., S. 7790.)
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.
(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.
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 or she faithfully served the process according to such person's 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 such justice of the peace administered such oath, the service shall be valid.
(1949 Rev., S. 7772; P.A. 82-160, S. 12; P.A. 00-99, S. 109, 154; P.A. 01-195, S. 58, 181.)
History: P.A. 82-160 rephrased section; P.A. 00-99 replaced reference to sheriff with state marshal, effective December 1, 2000; P.A. 01-195 made technical changes for purposes of gender neutrality, effective July 11, 2001.
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.
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.
(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.
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. 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. Suits take effect from the time of their service upon 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. Meaning of “usual place of abode”. 92 C. 57; 105 C. 569. No service of writ of summons is valid unless accompanied by complaint; 97 C. 400; purpose of requirement is to insure actual notice. 108 C. 16. Service of civil process on defendant fraudulently induced to come within its reach. 99 C. 98. Nonresident defendant in a criminal action is not exempt from service of process, even though brought within jurisdiction by force; facts held to show no such fraud. 102 C. 13. Service by leaving writ in common hall of two-family house is void. 108 C. 13. Cited. 178 C. 472; 182 C. 14; 195 C. 191; 212 C. 157.
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 Sec. 52-62. Id., 134. Cited. 4 CS 138. “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. Cited. 11 CS 262. 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 statute. Id., 227. Cited. 33 CS 554; Id., 678; 40 CS 243; 41 CS 367; 43 CS 10.
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.
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.
(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.
Sec. 52-56. Service of process outside 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.
(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, the Commissioner of Motor Vehicles, the Attorney General or the Insurance Commissioner, service of such process may be made by any officer of any precinct having such process in his hands for service. Service by an officer upon the Secretary of the State, the Commissioner of Motor Vehicles, the Attorney General or the Insurance Commissioner pursuant to this subsection shall constitute the commencement of service within such officer's precinct and such officer may then complete service as provided in subsection (a) or (b) of this section.
(d) The execution or service of any capias issued pursuant to section 52-143 or 54-2a or any warrant or capias mittimus issued by a court or family support magistrate in a family support matter may be made in any precinct in the state by any state marshal of any precinct or any special policeman appointed under section 29-1g, having such capias, warrant or capias mittimus, or a copy thereof made by any photographic, micrographic, electronic imaging or other process, which clearly and accurately copies such original document, in his hands for service.
(e) Any state marshal of any precinct may serve any person confined in any correctional institution or community correctional center in this state.
(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; P.A. 05-135, S. 1; P.A. 06-149, S. 24; P.A. 10-178, S. 2.)
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 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 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; P.A. 05-135 made a technical change in Subsec. (b) and added Subsec. (d) re execution or service of capias, warrant or capias mittimus in any precinct by state marshal of any precinct, effective June 24, 2005; P.A. 06-149 amended Subsec. (d) to include special policemen appointed under Sec. 29-1g and permit use of a copy of a capias, warrant or capias mittimus; P.A. 10-178 amended Subsec. (c) to delete limitation that service upon named state official must be permitted pursuant to Secs. 52-57, 52-59b, 52-62 and 52-63, include actions where process may be served upon Attorney General or Insurance Commissioner and add provision re service upon any of named state officials constitutes commencement of service within officer's precinct and officer may then complete service and added Subsec. (e) re service on person confined in correctional institution or community correctional center.
Constable, having attached goods in the town in which he lives, may leave a copy with defendant in another town. 20 C. 377. Cited. 196 C. 233.
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.
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.
(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; (5) against a board, commission, department or agency of a town, city or borough, notwithstanding any provision of law, upon the clerk of the town, city or borough, provided two copies of such process shall be served upon the clerk and the clerk shall retain one copy and forward the second copy to the board, commission, department or agency; (6) against any other municipal or quasi-municipal corporation, upon its clerk or upon its chief presiding officer or managing agent; and (7) against an employee of a town, city or borough in a cause of action arising from the employee's duties or employment, upon the clerk of the town, city or borough, provided two copies of such process shall be served upon the clerk and the clerk shall retain one copy and forward the second copy to the employee.
(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 fifty dollars, which fee shall be taxed in favor of the plaintiff in the plaintiff's costs if the plaintiff 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-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, 17b-263, 17b-340 to 17b-350, inclusive, 17b-689b, 17b-743 to 17b-747, inclusive, and 46b-301 to 46b-425, inclusive, and chapters 815, 815p, 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. Each 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; P.A. 03-19, S. 116; 03-224, S. 8; 03-278, S. 126; June 30 Sp. Sess. P.A. 03-3, S. 97; P.A. 04-76, S. 56; 04-78, S. 3; P.A. 05-288, S. 175; P.A. 11-214, S. 29; P.A. 15-71, S. 90; P.A. 19-40, S. 14; 19-118, S. 38.)
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 $5 to $10; 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 $10 to $25; 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); P.A. 03-19 made a technical change in Subsec. (f), effective May 12, 2003; P.A. 03-224 amended Subsec. (b) by adding new Subdiv. (5) re service on municipal board, commission, department or agency, redesignating existing Subdiv. (5) as Subdiv. (6) and adding Subdiv. (7) re service on municipal employee, effective July 2, 2003; P.A. 03-278 amended Subsec. (b) by deleting Subdiv. (5)(B) re service on clerk, chief presiding officer or executive head of municipal board, commission, department or agency, deleting Subdiv. (7)(B) re service on municipal employee pursuant to Subsec. (a) and making technical changes, effective July 9, 2003; June 30 Sp. Sess. P.A. 03-3, in repealing Secs. 17b-19, 17b-62 to 17b-65, inclusive, 17b-116, 17b-116a, 17b-116b, 17b-117, 17b-120, 17b-121, 17b-123, 17b-134, 17b-135, 17b-220, 17b-259 and 17b-287, authorized deletion of internal references to said section in this section, effective March 1, 2004; P.A. 04-76 amended Subsec. (f) by deleting references to Secs. 17b-118b and 17b-221 that were repealed by the same act; P.A. 04-78 amended Subsec. (b)(5) by replacing “any provision of the general statutes” with “any provision of law”; P.A. 05-288 made technical changes in Subsec. (b), effective July 13, 2005; P.A. 11-214 amended Subsec. (f) to substitute reference to Sec. 46b-213w for reference to Sec. 46b-213v and make a technical change; P.A. 15-71 amended Subsec. (f) by replacing reference to Secs. 46b-212 to 46b-213w with reference to Secs. 46b-301 to 46b-425, effective July 1, 2015; P.A. 19-40 amended Subsec. (e) by replacing fee of $25 with fee of $50 and making technical changes, effective July 1, 2019; P.A. 19-118 amended Subsec. (f) by deleting reference to Sec. 17b-256, effective July 1, 2019.
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.
See Sec. 54-240l re service of process on participant in address confidentiality program.
Action against U.S. corporations. 5 C. 105. Secretary de facto. 6 C. 528. Service at selectman's house. 12 C. 92. 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. Service when there are no officers and but one stockholder. 20 C. 447. Place where corporation, etc., exercises its powers. 40 C. 70. Appearance as waiving defects in service. 67 C. 366; 70 C. 329; 77 C. 382; 90 C. 293; 4 Cranch 421. Effect of acceptance of service by nonresident out of state. 89 C. 215. House in this state where one habitually spent 3 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 section sufficient to give jurisdiction in bastardy action. 118 C. 304. Cited. 121 C. 312; 127 C. 57. 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; 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. 145 C. 24. 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; section is applicable to divorce and legal separation actions. 150 C. 15. Cited. Id., 190; 181 C. 225. Without a finding that plaintiff had no notice in fact, the attack on statute permitting abode service failed. 185 C. 495. Cited. 192 C. 1; Id., 497; 196 C. 233; 206 C. 125; Id., 374; 212 C. 157; 214 C. 1; 219 C. 204; 226 C. 1; 227 C. 909; 232 C. 392.
Cited. 1 CA 123; 4 CA 339; 6 CA 43; Id., 390; 10 CA 201; 13 CA 1; 21 CA 339; 25 CA 637; 31 CA 155; Id., 629; 34 CA 18; Id., 634; 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 defendant and occupied by a tenant, and in which defendant had an office, was not at 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 3 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 2 years worked and lived in England. Id., 359. Cited. 33 CS 554; Id., 562; 34 CS 501; 35 CS 297. 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; 41 CS 367; 42 CS 187.
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. Id., 580. Cited. 6 Conn. Cir. Ct. 54.
In foreclosure action, service of process at residential address when defendant was incarcerated constituted service at place of abode because family of defendant continued to live at address and defendant returned there after release from prison. 288 C. 568.
Abode service is not effective if it is left at address that is not the usual address of the party to be served. 78 CA 456. In light of facts that front door of defendants' home was inaccessible, that marshal affixed the process to property's main entryway, and that the property is a single-family residence and defendants actually received notice of the action, the service of process effected by the marshal was reasonably likely to achieve personal notice and constituted proper abode service pursuant to section. 98 CA 852. Unlike Sec. 52-64(a), this Subsec. only applies when a state employee is sued in his or her individual capacity; phrase “Except as otherwise provided” does not allow service of process on a state employee in his or her individual capacity by serving process on the Attorney General at the Office of the Attorney General because such process is not specifically enumerated in section. 163 CA 337; judgment affirmed, see 328 C. 248.
Court properly dismissed suit against board of education as a result of improper service of process under Subdiv. (4), as service of process to board secretary should have been made under Subdiv. (5) and served upon the clerk of town, city or borough. 191 CA 280.
Subdiv. (5): Although citation commanded the marshal to serve only one copy on clerk, not the two copies required by Subdiv., the marshal did leave two copies, and thus defect is formal and circumstantial and will not cause dismissal of the appeal. 50 CS 513.
In action against foreign corporation, service of process may be made on vice president and court acquired personal jurisdiction over defendant corporation by service on vice president made in accordance with Subsec. 113 CA 845. Service on general manager constituted proper service in action against automobile dealer. 142 CA 14.
Service on secretary does not fulfill requirements of statute. 40 CS 1.
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.
See Sec. 52-59b re jurisdiction of courts over nonresidents, foreign partnerships and foreign voluntary associations.
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 section. 226 C. 1.
Cited. 27 CA 142; 31 CA 569.
Meaning of “same manner” provision of 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. Cited. 39 CS 198.
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.
(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.)
Sec. 52-59b. Jurisdiction of courts over nonresident individuals, foreign partnerships and foreign voluntary associations. 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 foreign voluntary association, or over the executor or administrator of such nonresident individual, foreign partnership or foreign voluntary association, 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.
(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 foreign voluntary association, or the executor or administrator of such nonresident individual, foreign partnership or foreign voluntary association, over whom a court may exercise personal jurisdiction, as provided in subsection (a) of this section, 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, foreign partnership or foreign voluntary association, or the executor or administrator of such nonresident individual, foreign partnership or foreign voluntary association, may be served upon the Secretary of the State and shall have the same validity as if served upon the nonresident individual, foreign partnership or foreign voluntary association 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 fifty 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; P.A. 04-240, S. 25; P.A. 19-40, S. 15.)
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 $5 to $10; May Sp. Sess. P.A. 92-6 amended Subsec. (c) to raise fee from $10 to $25; 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; P.A. 04-240 added provisions re foreign voluntary associations in Subsecs. (a) and (c) and made a technical change in Subsec. (c), effective June 8, 2004; P.A. 19-40 amended Subsec. (c) by replacing fee of $25 with fee of $50, effective July 1, 2019.
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; 182 C. 14. 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. Cited. 189 C. 162; 190 C. 48; 195 C. 191; 197 C. 34; 206 C. 125; Id., 374; 212 C. 311; 224 C. 730; 230 C. 472; 236 C. 602.
Cited. 1 CA 123; 16 CA 619; 23 CA 287; 31 CA 569; 46 CA 799. Where defendant was hired to practice law in New York, accepted contract in New York, and had no personnel, offices or assets in Connecticut, there was no conduct demonstrating a business transaction within the state. 121 CA 366. Out-of-state defendant signed and mailed contract with personal check to plaintiff in this state and purposefully entered into a contract with a Connecticut business that was to perform and deliver services to defendant from this state, therefore contract constituted business in this state. 146 CA 341. Subsec. (c) does not require that defendant receive the documents constituting process in order for service to be effective. 175 CA 757.
Cited. 30 CS 16. Under 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 section upon a nonresident who was a resident at the time he rendered the services complained of held valid. Id., 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; 40 CS 15; Id., 327; 42 CS 25; 44 CS 400. Defendant's initiation of and engagement in numerous telephone conversations with plaintiff for its services in obtaining Super Bowl tickets constituted transaction of business within Connecticut for purpose of vesting court with personal jurisdiction over defendant pursuant to state long arm statute, notwithstanding plaintiff's actual delivery of tickets to defendant in Florida. 47 CS 476.
Subdiv. (1): Preparation of Connecticut income tax return, along with New York and federal income tax returns, is not sufficient to provide court with personal jurisdiction over New York accountant who performed services exclusively in New York, especially since claim against accountant relates to negligent preparation of New York income tax returns; plaintiff seeking personal jurisdiction over a nonresident individual must present evidence satisfying the “substantial revenue” requirement of Subdiv. (3)(B). 282 C. 109. In action to recover on a commercial note, where defendant's wife arranged for forwarding of mail and defendant is amenable to service of process under statute, statute of limitations was not tolled by defendant's absence from the country. 287 C. 379. Subdiv. (1): A host agreeing to provide lodging and transportation to guests previously unknown to her in return for money from the guests constitutes a purposeful business transaction. 303 C. 737.
Subdiv. (1): The phrase “transacts any business” embraces a single purposeful business transaction. 108 CA 731. The general long arm jurisdiction provisions of section apply to foreign limited liability companies, rather than the corporation specific long arm jurisdiction provisions in Sec. 33-929. 149 CA 513. “Substantial revenue” requirement of Subdiv. (3)(B) means enough revenue to indicate a commercial impact in the forum. 174 CA 368.
Subdiv. (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. 33 CS 628. Subdiv. (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. Subdiv. (1) does not incorporate a “fiduciary shield doctrine” that protects individual from personal jurisdiction if his dealings in the forum state were solely in a corporate capacity. 47 CS 319. Personal jurisdiction under Subdiv. (2) existed because the posting by a nonresident of a threatening Internet video specifically targeting a Connecticut resident can be deemed a tortious act committed in this state, and such personal jurisdiction does not violate due process. 51 CS 212.
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.
(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.
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.
(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.
Sec. 52-60. Judge of probate as attorney for nonresident fiduciary. Service of process. (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.
(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 or with the probate court that appointed the nonresident fiduciary, and such judge or court 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; P.A. 12-66, S. 16.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 12-66 amended Subsec. (d) to add provision re copy of process left with probate court that appointed nonresident fiduciary and make a technical change, effective January 1, 2013.
See Sec. 45a-206 re right of foreign corporation to be executor or trustee.
Cited. 147 C. 561; 195 C. 191.
Cited. 18 CS 441.
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 or probate court that appointed the nonresident executor, administrator, conservator, guardian or trustee, and such judge or court shall forthwith give notice thereof to such executor, administrator, conservator, guardian or trustee.
(1949 Rev., S. 7778; P.A. 12-66, S. 17.)
History: P.A. 12-66 deleted provision re district where estate is in settlement, added provision re copy of process left with probate court that appointed nonresident executor, administrator, conservator, guardian or trustee, and made a conforming change, effective January 1, 2013.
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; 195 C. 191; 206 C. 374.
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.
(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 twenty 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; P.A. 04-182, S. 13.)
History: 1961 acts added provisions re proceedings on death of nonresident and increased fee from $2 to $5; 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; P.A. 04-182 amended Subsec. (c) to increase fee for service of process on commissioner from $5 to $20, effective July 1, 2004.
Statute constitutional, to be read in connection with Sec. 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 section must be brought within 1 year of injury; Sec. 52-584 applies, Sec. 52-590 does not. Id., 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; 195 C. 191; 206 C. 374.
Cited. 10 CA 393. Service on commissioner has same validity as service on nonresident defendant personally and action commenced when service timely made on commissioner. 179 CA 546.
Service of nonresidents under 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 commissioner attorney for service; constitutionality. 7 CS 42. Cited. 14 CS 349. Plaintiff hurt by defendant's parked car may serve commissioner. Id., 496. Statute is in derogation of the common law and is to be strictly construed; 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. 18 CS 290. Where both parties are nonresidents and service is made upon commissioner at his office, venue is established in Hartford county; the personal residence of commissioner is immaterial. Id., 442. Cited. 19 CS 287. 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 commissioner as his agent for service of process. 21 CS 490. No jurisdiction in personam may be acquired under 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. 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.
Sec. 52-63. Service of civil process upon Commissioner of Motor Vehicles in lieu of owner or operator of motor vehicle, authorized when. (a) Any person whose last-known address is located in this state and who owns or operates a motor vehicle, at the time of issuance of such person's license or registration shall be deemed to have appointed the Commissioner of Motor Vehicles as his or her attorney and to have agreed that any process in any civil action against such person on account of any claim for damages resulting from his or her alleged negligence or the alleged negligence of his or her 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 or her present whereabouts is unknown.
(b) Service of civil process may be made on a motor vehicle operator who (1) is licensed under the provisions of chapter 246, or (2) is unlicensed and has a last-known address in this state 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 or her last address on file in the Department of Motor Vehicles if (A) it is impossible to make service of process at the operator's last address on file in the Department of Motor Vehicles, and (B) 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 who (1) has registered such motor vehicle in this state under the provisions of chapter 246, or (2) has not registered such motor vehicle in this state and whose last-known address is located in this state 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 or her last address on file in the Department of Motor Vehicles if (A) it is impossible to make service of process at the owner's last address on file in the Department of Motor Vehicles, (B) the owner has loaned or permitted his motor vehicle to be driven by another, and (C) 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 such officer 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 fifty dollars, which fee shall be taxed in favor of the plaintiff in his or her costs if the plaintiff 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; P.A. 04-182, S. 14; P.A. 10-110, S. 30; P.A. 18-56, S. 1.)
History: 1961 act raised fee for service from $2 to $5; 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); P.A. 04-182 amended Subsec. (f) to increase fee for service of process on commissioner from $5 to $20, effective July 1, 2004; P.A. 10-110 amended Subsec. (f) to increase fee for service of process from $20 to $50; P.A. 18-56 amended Subsec. (a) by replacing “operator or owner of a motor vehicle” with “person whose last-known address is located in this state and who owns or operates a motor vehicle”, amended Subsec. (b) by designating existing provision re operator licensed under provisions of Ch. 246 as new Subdiv. (1), adding new Subdiv. (2) re operator who is unlicensed and has last-known address in this state, and redesignating existing Subdivs. (1) and (2) as Subparas. (A) and (B), amended Subsec. (c) by designating provisions re motor vehicle registered under provisions of Ch. 246 as new Subdiv. (1) and adding new Subdiv. (2) re owner of motor vehicle who has not registered motor vehicle in this state and whose last-known address is located in this state, and redesignating existing Subdivs. (1) to (3) as Subparas. (A) to (C), and made technical and conforming changes.
Cited. 182 C. 14; 195 C. 191; 206 C. 374; 236 C. 89.
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 section in Connecticut held invalid. 20 CS 195. Under former statute, 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. Id., 406. Section existing in derogation of common law must be strictly complied with to secure its benefits; under section prior to 1967 amendment, a road within a privately owned shopping center was not a “public highway” within the meaning of section. 26 CS 508. Operator whose license has expired and who subsequently moved to another state is subject to service through commissioner. 29 CS 227.
Deficiencies in sheriff's return were jurisdictional as section was not complied with; hence cause was erased from docket. 5 Conn. Cir. Ct. 594.
“Impossibility” does not require that absolute physical impossibility exists but includes factual situations where personal or abode service has little likelihood of happening or being accomplished. 78 CA 456.
Sec. 52-64. Service in action against state. (a) 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 the case may be, may be made by a proper officer (1) leaving a true and attested copy of the process, including the declaration or complaint, with the Attorney General at the office of the Attorney General in Hartford, or (2) sending a true and attested copy of the process, including the summons and complaint, by certified mail, return receipt requested, to the Attorney General at the office of the Attorney General in Hartford.
(b) In any civil action commenced by a person who is incarcerated against the state or 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 the case may be, service of process on all defendants in such civil action, who are sued in their official capacity, shall be accomplished by a proper officer (1) leaving one true and attested copy of the process, including the declaration or complaint, with the Attorney General at the office of the Attorney General in Hartford, or (2) sending one true and attested copy of the process, including the summons and complaint, by certified mail, return receipt requested, to the Attorney General at the office of the Attorney General in Hartford.
(1949 Rev., S. 7781; 1967, P.A. 656, S. 36; P.A. 82-160, S. 21; P.A. 05-105, S. 1; P.A. 12-133, S. 44.)
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”; P.A. 05-105 added provision re service “by a proper officer”, designated provision re service by leaving true and attested copy of process with the Attorney General as Subdiv. (1), made a technical change and added Subdiv. (2) re service by sending process by certified mail to the Attorney General; P.A. 12-133 designated existing provisions as Subsec. (a) and made technical changes therein and added Subsec. (b) re service of process in action commenced by a person who is incarcerated.
Cited. 195 C. 191. Cited. 206 C. 374. Cited. 217 C. 130. Cited. 228 C. 343.
Cited. 2 CA 196. Section concerns civil process, not subsequent pleadings, which are governed by the Practice Book. 91 CA 864.
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.
(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.
Sec. 52-66. Execution of process by borough bailiffs. Section 52-66 is repealed.
(1949 Rev., S. 7783; P.A. 82-160, S. 259.)
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.
(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.
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.
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.
(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. Cited. 108 C. 175. Sufficient notice given. 139 C. 506. Does not apply to actions under Sec. 46-28. 142 C. 173. Cited. 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. Id., 228. Cited. 182 C. 14; 190 C. 48; 195 C. 191; 212 C. 157.
Cited. 31 CA 569.
Cited. 39 CS 198.
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.
(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.
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.
(1949 Rev., S. 7789; P.A. 82-160, S. 25.)
History: P.A. 82-160 made a minor technical change.
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. When officer not limited to statutory fees. 54 C. 5. Under statute prior to revision, defendant in the original action could not sue the officer. 74 C. 241.
Sec. 52-71. Process void if issued or served on Sunday. Section 52-71 is repealed.
(1949 Rev., S. 7791; P.A. 76-415, S. 9; 76-435, S. 81, 82.)
Sec. 52-72. Amendment of process. (a) Upon payment of taxable costs, any court shall allow a proper amendment to civil process which is for any reason defective.
(b) Such amended process shall be served in the same manner as other civil process and shall have the same effect, from the date of the service, as if originally proper in form.
(c) If the court, on motion and after hearing, finds that the parties had notice of the pendency of the action and their rights have not been prejudiced or affected by reason of the defect, any attachment made by the original service and the rights under any lis pendens shall be preserved and continued from the date of service of the original process as though the original process had been in proper form. A certified copy of the finding shall be attached to and served with the amended process.
(1949 Rev., S. 7793; P.A. 82-160, S. 26; P.A. 12-133, S. 17.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 12-133 amended Subsec. (a) by providing that upon payment of taxable costs, any court shall allow a proper amendment to civil process which is for any reason defective and by deleting references to “process which has been made returnable to the wrong return day” and “upon payment of costs taxable upon sustaining a plea in abatement”.
See Sec. 52-130 re amendments of defects, mistakes or informalities in pleadings, record or proceedings.
Fact that process may be amended to cure defect is not ground for refusal to sustain plea in abatement. 131 C. 658. Cited. 178 C. 472; 227 C. 913; 228 C. 914. Section is mandatory; judgment of Appellate Court in 31 CA 793 reversed. 229 C. 618. Cited. 232 C. 392; 236 C. 681. Provision should be liberally construed in favor of those whom legislature intended to benefit; provision allows amendment to correct a late return of process. 243 C. 657. Under 2009 revision, plaintiff's failure to attach a summons or citation to the complaint was a substantive defect in the service of process and was not the type of technical defect that is amendable pursuant to section. 308 C. 180.
Cited. 18 CA 488; 23 CA 188; 31 CA 793; judgment reversed, see 229 C. 618; 33 CA 6; judgment reversed, see 228 C. 914. Intent is to prevent loss of jurisdiction merely because of defect of return date. 50 CA 456. Although Sec. 52-48 sets forth 2-month time limitation for return of process, the legislature, by enacting this section, clearly provided parties an avenue to correct a procedural error concerning such process. 61 CA 305. The date process is returned to court is an historical fact that is substantive in nature and is not amendable pursuant to section. 157 CA 617. Return date of a summary process action may be amended to correct failure to return the complaint at least three days before the return date as required by Sec. 47a-23a. 191 CA 842.
Cited. 18 CS 482; 29 CS 289; 40 CS 243; 44 CS 39.