State Codes and Statutes

Statutes > Connecticut > Title52 > Chap896 > Sec52-48

      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 this section. 63 C. 413; 76 C. 285. The right to begin a civil action at any time, which has always existed in this state, is not to be destroyed by statutory implication. 73 C. 229. Cited. Id., 562. Return day cannot be changed before service without reissuing writ. 74 C. 38. Meaning of phrase "to which it can be made returnable" as applied to appeal. 83 C. 677. Correction of mistake as to return day of probate appeal before service. 91 C. 110. Not applicable to motion to supreme court for order requiring trial court to make finding. 95 C. 691. Cited. 122 C. 153. Cited. 134 C. 605. Cited. 154 C. 416. Cited. 165 C. 435; Id., 440. Cited. 178 C. 472. Cited. 227 C. 848. Cited. 229 C. 618. Cited. 232 C. 392. Cited. 233 C. 352.

      Cited. 4 CA 209. Cited. 27 CA 590. Cited. 31 CA 793; judgment reversed, see 229 C. 618. Cited. 32 CA 335. Cited. 33 CA 6. Although section sets forth two-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 this section. 18 CS 480. Amendment allowed where writ for personal injuries served within one year of injury inadvertently designated a return day less than twelve days from date of service. 20 CS 160. To allow motion to amend return day of writ to an earlier date would nullify sections 52-46 and 52-47. 28 CS 489. Cited. 29 CS 519.

      Subsec. (a):

      Cited. 40 CS 243.

      Subsec. (b):

      Cited. 207 C. 547. Cited. 236 C. 330.

      Cited. 36 CA 635; judgment reversed, see 236 C. 330.