Connecticut Appellate Practice & Procedure, Eighth Edition

by Eliot D. Prescott, Julie A. Lavoie

Overview

Authors Colin C Tait, Professor of Law at the University of Connecticut School of Law along with Judge Eliot D. Prescott teamed up to create the Connecticut Appellate Practice and Procedure.

The book is 420+ pages and includes ten chapters with a detailed Table of Contents as well as a comprehensive Index and Table of Cases at the back of the book referenced by section number.

Last updated in 2014, this new edition has been streamlined, and adds the new rules on electronic filing. This title also includes six tables of authority, including cases, statutes and practice book sections. Chapters include:

CONNECTICUT'S APPELLATE COURT SYSTEM

APPEALABILITY: RIGHT TO APPELLATE REVIEW

REVIEWABILITY: MATTERS SUBJECT TO REVIEW

TAKING THE APPEAL

PERFECTING THE APPEAL

MOTIONS AND OTHER PROCEDURES

REVIEW BY WAY OF CERTIFICATION

DISPOSITION OF THE APPEAL

SPECIALIZED PROCEDURES

ORIGINAL PROCEEDINGS IN THE SUPREME COURT

Product Details

ISBN-13:	9781588527196
Publisher:	ALM Media Properties, LLC
Publication date:	06/28/2023
Sold by:	Barnes & Noble
Format:	eBook
Pages:	800
File size:	1 MB

About the Author

Eliot D. Prescott 
The Honorable Eliot D. Prescott is a resident of West Hartford, CT. He currently serves on the Connecticut Appellate Court, following his appointment by Governor Malloy in 2014. He previously served as a Judge of the Superior Court from 2004 to 2014, where he presided primarily over criminal and civil trials. Prior to his judicial service, he served as an Assistant Attorney General in the Connecticut Attorney General’s Office, where he handled numerous appeals and was the Head of the Special Litigation Department. He also served as a law clerk to Justice David M. Borden on the Connecticut Supreme Court. Eliot was an Adjunct Professor of Law at the University of Connecticut School of Law from 2001 to 2016, and formally served on the Advisory Committee on the Appellate Rules. He is currently a member of the Evidence Oversight Committee and is the author of the leading treatise on the law of evidence in Connecticut, Tait’s Handbook of Connecticut Evidence (6th Ed. 2019).

Julie A. Lavoie
Attorney Julie A. Lavoie is a resident of Berlin, CT. She currently works as a litigation associate at the law firm of Murtha Cullina LLP. She is involved in a wide range of commercial litigation matters, in state and federal court, at the trial and appellate court level. Ms. Lavoie received her J.D. from St. John’s University School of Law. In 2020, she served as a law clerk to Judge Eliot D. Prescott on the Connecticut Appellate Court. Ms. Lavoie also is a member of the Oliver Ellsworth American Inn of Court.

 

Table of Contents

Chapter 1: Connecticut’s Appellate Court System
1-1 Introductory Note
1-1:1 Historical Background
1-1:1.1 Courts of Last Resort
1-1:1.2 Intermediate Appellate Courts
1-1:2 Appellate Procedure
1-1:2.1 Historical Background
1-1:2.2 Rule-Making Power
1-1:2.3 Interpretation of the Rules
1-1:2.4 Applicability of Rules; Rule Changes
1-2 Original Jurisdiction
1-2:1 Supreme Court
1-2:2 Appellate Court
1-3 Appellate Jurisdiction
1-3:1 Appeal to the Appellate Court From the Superior Court
1-3:2 Appeal to the Supreme Court From the Superior Court
1-3:3 Appeal to the Supreme Court by Certification From the Appellate Court
1-3:4 Appeal to the Appellate Court by Certification From the Superior Court
1-3:5 Petitions for Review to the Appellate Court
1-3:6 Transfer of Jurisdiction
1-3:6.1 Supreme Court
1-3:6.2 Appellate Court
1-3:7 Retained Jurisdiction
1-3:8 Pendent Appellate Jurisdiction
1-4 Advisory Jurisdiction
1-4:1 In General
1-4:2 Reservations of Questions of Law From the Superior Court
1-4:3 Certification of Questions of Law to and From Other Courts
1-5 Other Jurisdiction
1-5:1 Jurisdiction in Aid of Jurisdiction
1-5:1.1 In General
1-5:1.2 Appellate Court
1-5:1.3 Supreme Court
1-5:2 Extraordinary or Prerogative Writs
1-5:2.1 Writ of Error
1-5:2.2 Writ of Mandamus
1-5:2.3 Writ of Prohibition
1-5:2.4 Writ of Certiorari
1-5:2.5 All Writs Act
1-5:3 Supreme Court Rules
1-5:3.1 Supervision of Proceedings on Appeal
1-5:3.2 Motion for Review
1-5:3.3 Suspension of the Rules
1-6 Roles of the Supreme and Appellate Courts
1-6:1 Roles of the Supreme and Appellate Courts
1-6:2 Rules of Evidence and the Connecticut Code of Evidence
1-7 Jurisdictional Issues
1-7:1 Subject Matter Jurisdiction
1-7:2 Personal Jurisdiction

Chapter 2: Appealability: Right to Appellate Review
2-1 Methods of Review from Superior Court
2-1:1 Right of Appeal
2-1:1.1 Basis
2-1:1.2 Scope
2-1:1.3 Waiver
2-1:1.4 Forfeiture
2-1:1.5 Restoration
2-1:2 Appeal as of Right
2-1:2.1 Civil Cases
2-1:2.2 Criminal Cases
2-1:3 Qualified Right to Appeal — Types of Cases
2-1:3.1 Planning and Zoning Matters
2-1:3.2 By the State in Criminal Cases
2-1:3.3 Habeas Corpus Proceedings
2-1:3.4 Petitions for New Trial in Criminal Cases
2-1:4 Qualified Right to Appeal — Procedure
2-1:4.1 In General
2-1:4.2 By the State in Criminal Cases
2-1:4.3 Habeas Corpus Proceedings
2-1:4.4 Petitions for New Trial in Criminal Cases
2-1:4.5 Appellate Review
2-1:5 No Right of Review
2-1:5.1 Small Claims
2-1:5.2 Decisions of the Sentence Review Division
2-1:5.3 Criminal Contempt in the Courtroom
2-1:6 Petitions for Review
2-1:7 Writs of Error
2-1:7.1 In General
2-1:7.2 Limitations on Use
2-1:7.3 Basis in Statute
2-1:8 Reservations of Questions of Law
2-2 Persons Entitled to Review
2-2:1 Aggrievement
2-2:1.1 Prerequisite
2-2:1.2 Purpose
2-2:1.3 Test
2-2:1.4 Duration
2-2:2 Identity of Persons Entitled to Appeal
2-2:2.1 Parties
2-2:2.2 Non-Parties
2-2:2.3 De Facto Parties and Others
2-2:3 Losing Party
2-2:4 Prevailing Party
2-2:5 Consenting and Defaulting Parties
2-2:5.1 Civil Cases
2-2:5.2 Criminal Cases
2-2:6 Fiduciary Parties
2-2:6.1 Trust Assets
2-2:6.2 Advice
2-2:6.3 Removal of Fiduciary
2-2:6.4 Receivers
2-2:7 Other Parties
2-2:7.1 Governmental Entities
2-2:7.2 Bidders on Public Contracts
2-2:8 New Parties

Chapter 3: Reviewability: Matters Subject to Review
3-1 Final Judgment Rule
?3-1:1 The Final Judgment Rule
3-1:1.1 In General
3-1:1.2 Judgment by Implication
3-1:1.3 Judgments Subject to Modification
3-1:2 The Curcio Test
3-1:2.1 In General
3-1:2.2 The “Separate and Distinct Proceeding” Test
3-1:2.3 The “Rights” Test
3-1:3 Statutory Exceptions
3-1:3.1 Grant of Motion to Set Aside the Verdict
3-1:3.2 Matters of Substantial Public Interest
3-1:3.3 State Election Appeals
3-1:3.4 Reservations of Questions of Law
3-1:3.5 Subject Matter Jurisdiction (Competency of Court)
3-1:3.6 Temporary Injunction in Labor Disputes
3-1:3.7 Judgment Ordering an Accounting
3-1:3.8 Order Closing Courtroom or Sealing Court Files
3-1:3.9 Disclosure Order of Grand Jury
3-1:3.10 Bail Order
3-1:3.11 Accelerated Rehabilitation
3-1:4 Rule-Based Exceptions
3-1:4.1 In General
3-1:4.2 Supervision or Review of Pre-Appeal Proceedings
3-1:4.3 Judgments That Do Not Terminate Litigation
3-1:5 Prejudgment Remedies
3-1:5.1 In General
3-1:5.2 Analogous Remedies
3-1:5.3 Temporary Injunctions
3-1:5.4 Awards Pendente Lite
3-1:5.5 Analogous Matters
3-1:6 Motions Related to Parties
3-1:6.1 Motion to Drop a Party
3-1:6.2 Motion for Joinder
3-1:6.3 Motion to Intervene
3-1:6.4 Motion to Interplead
3-1:6.5 Motion to Implead
3-1:6.6 Certification of Class Action
3-1:7 Preliminary Matters in Criminal Cases
3-1:7.1 In General
3-1:7.1a Appeal by Defendant: Final Judgment
3-1:7.1b Appeal by Defendant: Following Conditional Plea of Nolo Contendere
3-1:7.1c Appeal by the State
3-1:7.1d Appeal From a Ruling
3-1:7.2 Entry of Nolle Prosequi
3-1:7.3 Transfer From Juvenile Docket to Regular Docket
3-1:7.4 Pretrial Diversion Programs
3-1:7.4a Diversion From Criminal Docket
3-1:7.4b Discharge on Successful Completion
3-1:7.5 Findings of Probable Cause
3-1:7.6 Motion to Suppress and Other Defense Motions
3-1:7.6a In General
3-1:7.6b Motion to Suppress or Dismiss: Conditional Plea of Nolo Contendere
3-1:7.6c Defense Motions: Conditional Plea of Guilty or Nolo Contendere
3-1:7.7 Withdrawal of Plea
3-1:7.8 Motion to Dismiss on Double Jeopardy Grounds
3-1:7.9 Judgment on Fewer Than All Counts
3-1:7.10 Order to Restore Competency to Stand Trial
3-1:7.11 Speedy Trial
3-1:7.12 Disqualification of Defendant’s Counsel
3-1:8 Pretrial Matters in Civil Cases
3-1:8.1 Withdrawal
3-1:8.2 Pleadings
3-1:8.3 Discovery
3-1:8.4 Choice of Trier
3-1:8.5 Pretrial Conference
3-1:8.6 Stay
3-1:8.7 Motion in Limine
3-1:8.8 Appearance
3-1:8.9 Temporary Injunctions
3-1:8.10 Stay of Proceedings
3-1:8.11 Decertification of Class Action
3-1:9 Judgment Before Trial
3-1:9.1 Motion to Dismiss
3-1:9.2 Motion to Strike
3-1:9.3 Summary Judgment
3-1:9.4 Disciplinary Non-Suit, Default and Dismissal
3-1:9.5 Order Enforcing Settlement Agreement
3-1:10 Trial Motions Resulting in Judgment
3-1:10.1 Dismissal for Failure to Make Out a Prima Facie Case
3-1:10.2 Directed Verdict
3-1:10.3 Judgment Notwithstanding the Verdict
3-1:11 Trial Motions Resulting in New Trial
3-1:11.1 Motion to Set Aside the Verdict
3-1:11.2 Motion for a New Trial
3-1:11.3 Motion in Arrest of Judgment
3-1:11.4 Motion for a Mistrial
3-1:12 Final Judgment Disposing of Certain Issues But Not Terminating the Litigation
3-1:13 Motions After Judgment
3-1:13.1 Motion to Open a Judgment on the Merits
3-1:13.1a In General
3-1:13.1b Motions Filed Within Appeal Period
3-1:13.1c Motions Filed Within Four Months
3-1:13.1d Motions Filed After Four Months
3-1:13.1e Judgments of Strict Foreclosure
3-1:13.2 Motions to Open Disciplinary Non-Suits and Default Judgments
3-1:13.3 Motion to Open Dismissal and to Restore Case to Docket
3-1:13.4 Petition for New Trial
3-1:13.5 Motions for Prejudgment Interest, Costs and Attorneys’ Fees
3-1:13.5a Costs
3-1:13.5b Attorneys’ Fees
3-1:13.5c Prejudgment Interest
3-1:13.6 Remittitur and Additur
3-1:13.7 Other Post-Judgment Procedures
3-1:14 Administrative Appeals
3-1:14.1 Administrative Appeals in the Superior Court
3-1:14.2 Administrative Appeals in the Appellate Court
3-1:15 Decisions of the Sentence Review Division
3-1:16 Decisions of Quasi-Judicial Officers
3-1:16.1 Decisions of Magistrates
3-1:16.1a Motor Vehicle Violations
3-1:16.1b Small Claims Matters
3-1:16.1c Family Support Matters
3-1:16.2 Fact-Finding Proceedings
3-1:16.3 Court-Annexed Arbitration
3-1:16.4 Judge Trial Referees
3-1:16.5 Attorney Trial Referees
3-1:17 Special Proceedings
3-1:17.1 Admission and Disqualification of Attorneys
3-1:17.2 Private Arbitration
3-1:17.3 Eminent Domain Proceedings
3-1:17.4 Receivership Proceedings
3-1:17.5 Grand Jury Proceedings
3-1:17.6 Discharge of Liens
3-1:17.7 Mortgage Foreclosure Proceedings
3-1:17.8 Contempt
3-2 Justiciability
3-2:1 In General
3-2:2 Actual Controversy
3-2:2.1 Moot or Academic Questions
3-2:2.2 Advice to Other Courts
3-2:3 Adverseness
3-2:4 Judicial Capability
3-2:5 Practical Relief
3-2:6 Capable of Repetition Yet Evading Review
3-2:6.1 In General
3-2:6.2 Shortness of Duration
3-2:6.3 Capable of Repetition
3-2:6.4 Public Importance and Programmatic Effect
3-2:7 Collateral Consequences

Chapter 4: Filing the Appeal
4-1 Appeals
4-1:1 Filing an Appeal
4-1:2 Appeals
4-1:2.1 In General
4-1:2.2 Appellants
4-1:2.3 Appellees
4-1:2.4 Substitution or Addition of Parties in General
4-1:2.5 Amicus Curiae
4-1:2.6 Death of a Party
4-1:3 Joint and Consolidated Appeals
4-1:3.1 Joint Appeals
4-1:3.2 Consolidated Appeals
4-1:4 Cross Appeals
4-1:4.1 In General
4-1:4.2 Use
4-1:5 Reservation of Right to Appeal
4-1:5.1 In General
4-1:5.2 Procedure
4-1:6 Amended Appeals
4-1:6.1 In General
4-1:6.2 Procedure
4-1:7 Withdrawal of Appeal
4-2 Time to Appeal
4-2:1 Nature of Time Limits
4-2:2 Time Limits Set by Rule
4-2:2.1 Appeals
4-2:2.2 Cross Appeals
4-2:2.3 Reservation of Right to Appeal
4-2:2.4 Appeal After Certification
4-2:2.5 Writs of Error
4-2:3 Time Limits Set by Statute
4-2:3.1 In General
4-2:3.2 Prejudgment Remedies
4-2:3.3 Mechanic’s Liens
4-2:3.4 Lis Pendens
4-2:3.5 Summary Process
4-2:3.6 Temporary Injunctions in Labor Disputes
4-2:3.7 Habeas Corpus
4-2:3.8 Petition for Review
4-2:3.9 Expedited Appeals Under General Statutes § 52-265a
4-2:3.10 Writ of Error
4-2:3.11 Contempt of Court
4-2:4 Computation of Time Periods
4-2:4.1 Period Set by Rule
4-2:4.2 Period Set by Statute
4-2:5 Motion for Extension of Time to File Appeal
4-2:5.1 Motion and Content
4-2:5.2 Time to File
4-2:5.3 Effect of Motion
4-2:5.4 Objections to Motion
4-2:5.5 Ruling on the Motion
4-2:5.6 Appellate Review
4-2:6 Effect of Post-Judgment Motions—New Appeal Period
4-2:6.1 Period Set by Statute
4-2:6.2 Period Set by Rule
4-2:6.2a In General
4-2:6.2b Motions Rendering Judgment Ineffective
4-2:6.2c Motions for Additur or Remittitur
4-2:6.2d Waiver of Fees, Costs and Security, or Appointment of Counsel
4-2:6.2e Other Motions and Proceedings
4-2:6.2f Who May Appeal During a New Appeal Period
4-2:6.2g What May Be Appealed During a New Appeal Period
4-2:7 Late Appeals
4-2:7.1 In General
4-2:7.2 Motion for Leave to File Late Appeal
4-2:7.3 Jurisdiction to Permit Late Appeal
4-2:7.4 Habeas Corpus Proceedings
4-2:8 Premature Appeals
4-3 Documents to Be Filed
4-3:1 Electronic Filing
4-3:2 The Appeal
4-3:2.1 In General
4-3:2.2 Appeals in Child Protection Matters
4-3:2.3 Reservation of Right to Appeal
4-3:3 Fees, Costs and Security
4-3:3.1 Fees and Costs
4-3:3.2 Security
4-3:3.3 Failure to Pay Fees or Post Security
4-3:4 Appointment of Counsel and Waiver of Fees, Costs and Expenses
4-3:4.1 Appointment of Counsel and Waiver in Civil Cases
4-3:4.2 Child Protection Matters
4-3:4.3 Waiver in Criminal Cases
4-3:4.4 Appellate Review
4-3:5 Counsel of Record
4-3:5.1 Appearance
4-3:5.2 Withdrawal
4-3:5.3 Hybrid Representation
4-3:6 Preliminary Statement of Issues
4-3:6.1 Appellant’s Statement
4-3:6.2 Appellee’s Statement
4-3:6.3 Procedure
4-3:7 Designation of the Proposed Contents of the
 Clerk Appendix
4-3:8 Documentation Concerning Transcript
4-3:9 Docketing Statement
4-3:10 Miscellaneous
4-4 Stay of Execution
4-4:1 Stays in Non-Criminal Cases
4-4:1.1 Automatic Stay
4-4:1.2 Exceptions to Automatic Stay
4-4:1.3 Termination of Stay
4-4:1.4 Request for Stay
4-4:1.5 Bankruptcy Stays
4-4:2 Stays in Criminal Cases
4-4:2.1 In General
4-4:2.2 Appeal by Defendant
4-4:2.3 Appeal by State
4-4:2.4 Motion to Stay or to Terminate Stay
4-4:3 Stays in Death Penalty Cases
4-4:3.1 Automatic Stay
4-4:3.2 Discretionary Stay
4-4:3.3 New Execution Date
4-4:4 Writs of Error
4-4:5 Summary Process Appeals
4-4:6 Foreclosure Actions
4-4:7 Appellate Review
4-5 Transfer
4-5:1 Transfer of Appeal Brought to Wrong Court
4-5:2 Discretionary Transfer by the Supreme Court
4-5:2.1 Jurisdiction
4-5:2.2 Considerations
4-5:2.3 Transfer to the Supreme Court
4-5:2.4 Transfer to the Appellate Court
4-5:2.5 Transfer to the Supreme Court on Request by Appellate Court
4-5:2.5a Pre-1996
4-5:2.5b Post-1996
4-6 Expedited Appeals
4-6:1 Matters of Substantial Public Interest
4-6:1.1 In General
4-6:1.2 Constitutionality
4-6:1.3 Application for Certification
4-6:1.4 The Appeal
4-6:2 Primary and Election Disputes
4-6:2.1 In General
4-6:2.2 Scope
4-6:2.3 Procedure
4-6:2.4 Optional Procedures
4-6:2.5 Remedy
4-6:2.6 Constitutionality
4-6:3 Temporary Injunctions in Labor Disputes
4-6:4 Court Closure and Other Sealing Orders
4-6:4.1 In General
4-6:4.2 Procedure
4-6:5 Suspension of the Rules
4-6:5.1 In General
4-6:5.2 Procedure
4-6:6 Disclosure of Investigatory Grand Jury Record or Finding
4-6:6.1 In General
4-6:6.2 Procedure
4-6:7 Bail Orders
4-6:7.1 In General
4-6:7.2 Procedure

Chapter 5: Perfecting the Appeal
5-1 In General
5-1:1 Perfection
5-1:1.1 In General
5-1:1.2 Inability to Perfect
5-1:1.2a Death or Incapacity of Official
5-1:1.2b Loss or Destruction of Documents
5-1:1.3 Reconstructed Record
5-1:2 Docketing
5-2 The Record
5-3 The Transcript
5-3:1 In General
5-4 The Brief
5-4:1 Appellant’s Brief
5-4:1.1 Time to File
5-4:1.1a In General
5-4:1.1b Stay of Briefing Deadlines
5-4:1.2 Contents and Organization
5-4:1.2a Cover Page
5-4:1.2b Current Certificate of Interested Entities or Individuals
5-4:1.2c Table of Contents
5-4:1.2d Statement of Issues
5-4:1.2e Table of Authorities
5-4:1.2f Statement of Facts
5-4:1.2g Argument
5-4:1.2g(1) In General
5-4:1.2g(2) Jury Charge
5-4:1.2g(3) Other Rulings
5-4:1.2h Conclusion
5-4:1.2i Signature
5-4:1.2j Certification
5-4:1.3 Text of Constitution, Statutes, Regulations
5-4:1.4 Land Use Regulations
5-4:2 Appellee’s Brief
5-4:2.1 Time to File
5-4:2.2 Content
5-4:3 Reply Briefs
5-4:3.1 Appellant
5-4:3.2 Appellee
5-4:4 Supplemental Briefs
5-4:5 Briefs on Cross Appeals
5-4:6 Appendices
5-4:6.1 Assembly and Content
5-4:6.1a Clerk Appendix
5-4:6.1b Party Appendix
5-4:6.2 Format
5-4:6.2a Clerk Appendix
5-4:6.2b Party Appendix
5-4:7 Evidence
5-4:7.1 In General
5-4:7.2 Briefs and Appendices
5-4:7.3 Ruling on Motion to Set Aside Verdict as Against the Evidence
5-4:8 Briefs and Party Appendices: Format; Page Limits; Copies
5-4:8.1 Format
5-4:8.1a Electronic Briefs and Party Appendices
5-4:8.1b Paper Briefs and Appendices for Filers Excluded or Exempt from Electronic Filing
5-4:8.2 Length Limitations
5-4:8.2a Electronic Briefs
5-4:8.2b Paper Briefs and Appendices
5-4:8.3 Copies
5-4:8.3a Electronic Briefs and Party Appendices
5-4:8.3b Paper Briefs and Party Appendices
5-4:9 Improper Content
5-4:10 Documents to Be Filed With Briefs
5-4:11 Briefs in Death Penalty Cases
5-4:12 Briefs in Family and Juvenile Matters
5-5 Oral Argument
5-5:1 Assignment of Cases for Hearing
5-5:1.1 Docket
5-5:1.2 Assignment
5-5:1.3 Order of Assignment
5-5:2 Preargument Conference
5-5:3 Oral Argument
5-5:3.1 Right to Oral Argument
5-5:3.2 Order of Argument
5-5:3.3 Limitations: Time; Counsel
5-5:3.4 Content
5-5:3.5 Public Attendance and Media Coverage
5-5:3.6 Failure to Appear

Chapter 6: Motions and Other Procedures
6-1 Motions in General
6-1:1 The Motion
6-1:1.1 Content
6-1:1.2 Filing and Form
6-1:2 Statement in Opposition
6-1:2.1 Content
6-1:2.2 Filing and Form
6-1:3 Extensions of Time; Amendments
6-1:3.1 Extensions of Time
6-1:3.2 Amendments
6-1:4 Hearings
6-1:4.1 Motions
6-1:4.2 Issues of Fact
6-1:5 Decision
6-1:5.1 Hearing Panel
6-1:5.2 Vote Required
6-2 Particular Motions
6-2:1 Motion to Extend Time to Take Appeal
6-2:2 Motion to Extend Time to Prosecute or Defend Appeal
6-2:2.1 Content
6-2:2.2 Time to File
6-2:2.3 Opposition
6-2:2.4 Decision
6-2:3 Motion for Rectification or Articulation
6-2:3.1 In General
6-2:3.2 Pre-Appeal Motion
6-2:3.3 Rectification
6-2:3.4 Articulation
6-2:4 Other Motions Regarding the Record
6-2:4.1 Order to Complete, Correct or Perfect the Record
6-2:4.2 Remand for Further Articulation
6-2:4.3 Remand to Find Facts
6-2:5 Motion for Review
6-2:5.1 In General
6-2:5.2 Extension of Time
6-2:5.3 Waiver of Fees, Costs and Security
6-2:5.4 Withdrawal of Appointed Appellate Counsel
6-2:5.5 Rectification or Articulation
6-2:5.6 Perfecting the Record; Appellate Procedures
6-2:5.7 Orders Concerning Stay of Execution
6-2:5.8 Orders Concerning Bail
6-2:5.9 Procedure
6-2:5.10 Review of Appellate Court Decision by Supreme Court
6-2:6 Motion to Invoke Supervisory Power
6-2:6.1 In General
6-2:6.2 Complete, Correct or Perfect the Record
6-2:6.3 Modification or Vacation of Trial Order
6-2:6.4 Ad Hoc Actions
6-2:6.5 Procedure
6-2:6.6 Commentary
6-2:7 Motion to Suspend the Rules
6-2:7.1 In General
6-2:7.2 Scope
6-2:7.3 Grounds
6-2:8 Motion to Dismiss — Lack of Jurisdiction
6-2:8.1 In General
6-2:8.2 Grounds
6-2:8.3 Procedure
6-2:9 Motions to Dismiss — Other Defects
6-2:9.1 In General
6-2:9.2 Procedure
6-2:9.3 Grant or Denial
6-2:10 Motions to Withdraw Appearance
6-2:11 Motions to Seal or Limit Disclosure of Documents
6-3 Applications
6-3:1 In General
6-3:2 Request for Transfer or Consolidation
6-4 Sanctions
6-4:1 Lack of Diligence in Prosecuting or Defending Appeal
6-4:1.1 In General
6-4:1.2 Dilatory Appellant
6-4:1.3 Dilatory Appellee
6-4:1.4 Appropriateness of Sanctions
6-4:2 Actions That May Result in Sanctions
6-4:3 Sanctions Under Supervisory Power
6-4:4 Procedure on Sanctions
6-5 Amicus Curiae
6-5:1 In General
6-5:2 Application
6-5:3 Extent of Participation
6-5:4 Brief
6-5:5 Oral Argument

Chapter 7: Review by Way of Certification
7-1 Certification in General
7-1:1 Nature of Certification
7-1:2 Jurisdiction
7-1:2.1 In General
7-1:2.2 Judgments of the Superior Court
7-1:2.3 Final Determinations of an Appeal by the Appellate Court
7-1:3 Grounds for Certification
7-1:3.1 In General
7-1:3.2 Questions of First Impression or Wrongly Decided
7-1:3.3 Conflict With Other Decisions of the Appellate Court
7-1:3.4 Gross Departures From Accepted Course of Judicial Proceedings
7-1:3.5 Questions of Great Public Importance
7-1:3.6 Divided Appellate Panel
7-1:3.7 Requests by Appellate Panel
7-2 Procedure on Petition or Request
7-2:1 Petition by a Party
7-2:1.1 Filing; Fees
7-2:1.2 Time Limits
7-2:1.3 Form and Content
7-2:1.4 Motion to Amend Petition
7-2:1.5 Dismissal of Petition
7-2:1.6 Cross Petition
7-2:1.7 Statement in Opposition
7-2:2 Request by Appellate Panel
7-2:3 Stay of Execution
7-2:4 Decision on Petition or Request
7-2:4.1 Certification Granted
7-2:4.2 Certification Denied
7-2:4.3 Certification Improvidently Granted
7-3 Appeal Following Certification
7-3:1 The Appeal
7-3:1.1 In General
7-3:1.2 The Appeal
7-3:1.3 Fees and Security
7-3:1.4 Counter-Statement of Issues; Other Papers
7-3:1.5 Cross Appeal
7-3:2 Stay of Execution
7-3:3 Subsequent Procedure
7-3:3.1 In General
7-3:3.2 Motions
7-3:3.3 Briefs and Oral Argument
7-3:4 Scope of Review
7-3:4.1 Issues Raisable by Appellant
7-3:4.2 Issues Raisable by Appellee
7-3:5 Standard of Review
7-3:6 Decision
7-4 Certification to the Appellate Court
7-4:1 In General
7-4:2 Jurisdiction
7-4:3 Petitions for Certification
7-4:3.1 Grounds
7-4:3.2 Procedure
7-4:3.3 Extensions of Time
7-4:3.4 Decision
7-4:4 Appeal Following Certification
7-4:5 Review of Denial of Certification

Chapter 8: Disposition of the Appeal
8-1 Participating Judges
8-1:1 Hearing Panel — Supreme Court
8-1:1.1 Justices
8-1:1.2 Full Court
8-1:1.3 More Than Five Justices
8-1:1.3a In General
8-1:1.3b Policy
8-1:1.3c Criteria
8-1:1.4 Fewer Than Five Justices
8-1:1.5 Vote Required
8-1:1.5a By Rule
8-1:1.5b By Statute
8-1:2 Hearing Panel — Appellate Court
8-1:2.1 In General
8-1:2.2 Vote Required
8-1:2.3 Hearing En Banc
8-1:3 Disqualification of Appellate Jurists
8-1:3.1 In General
8-1:3.2 Grounds — Code of Judicial Conduct
8-1:3.3 Procedure
8-1:3.4 Waiver
8-2 Scope of Review
8-2:1 Preserving Issues for Review
8-2:1.1 Waiver of Objections at Trial
8-2:1.2 Waiver of Objections on Appeal
8-2:1.3 Preservation of Issues by Appellee
8-2:2 Exceptions to Preserving Issues for Review
8-2:2.1 In General
8-2:2.2 Subject Matter Jurisdiction
8-2:3 Exceptional Circumstances (“Golding Rule”)
8-2:4 Plain Error
8-2:5 Review of Claims Not Raised Below or on Appeal (“Blumberg Review”)
8-3 Standard of Review
8-3:1 Review of Factual Findings
8-3:1.1 Restrictions
8-3:1.2 Exceptions
8-3:2 Issues of Fact — Jury Verdicts
8-3:2.1 In General
8-3:2.2 Setting Aside a Jury Verdict
8-3:3 Issues of Fact — Judicial Findings
8-3:3.1 In General
8-3:3.2 The Clearly Erroneous Standard
8-3:3.3 Remand for Finding of Facts or Further Articulation
8-3:4 Issues of Law
8-3:5 Review of Discretionary Rulings
8-3:6 Review of Decisions on Admissibility of Hearsay
8-4 Reversible Error
8-4:1 Reversible Error
8-4:1.1 In General
8-4:1.2 Burden of Proof
8-4:1.3 Discretion
8-4:2 General Verdict Rule
8-4:2.1 The Rule
8-4:2.2 Application
8-4:3 Harmless Error
8-4:3.1 In General
8-4:3.2 Errors Not Affecting the Result
8-4:3.3 Errors Not Affecting the Appellant
8-4:3.4 Technical and Formal Errors
8-4:3.5 Trivial Errors
8-4:3.6 Errors That Are Cured
8-4:4 Invited Error
8-4:4.1 In General
8-4:4.2 Adopting Appellant’s Theory of the Case
8-4:5 Alternative Grounds to Sustain Judgment
8-5 Decision
8-5:1 Appeal Dismissed
8-5:2 “No Error”; “Error”
8-5:3 Affirmed
8-5:4 Reversed — Unless Condition Accepted
8-5:5 Reversed — Judgment Directed
8-5:5.1 In General
8-5:5.2 Modification of Judgment
8-5:6 Reversed — New Trial
8-5:6.1 In General
8-5:6.2 New Trial Instead of Directed Judgment
8-5:6.3 Limited New Trial
8-5:7 Reversed — Further Proceedings
8-5:8 Consent Judgment
8-5:9 Reconsideration After Decision
8-5:9.1 In General
8-5:9.2 Grounds
8-5:10 Mandate
8-5:10.1 In General
8-5:10.2 Further Proceedings
8-5:10.3 Law of the Case
8-5:11 Judge Dying or Ceasing to Hold Office
8-6 Judgment
8-6:1 Opinion
8-6:1.1 Supreme Court
8-6:1.2 Appellate Court
8-6:1.3 Content
8-6:2 Notice
8-6:3 Date of Judgment
8-6:4 Judgment File
8-6:5 Correction of Opinion
8-6:6 Stay of Execution
8-6:6.1 In General
8-6:6.2 Review by the U.S. Supreme Court
8-7 Taxation of Costs
8-7:1 Authority to Tax Costs
8-7:1.1 In General
8-7:1.2 Appeals
8-7:1.3 Reservations
8-7:1.4 Writs of Error
8-7:1.5 Petitions for Review
8-7:1.6 Specialized Proceedings
8-7:1.7 Sanctions
8-7:2 Procedure
8-7:2.1 Appellate Clerk and Judicial Review
8-7:2.2 Bill of Costs
8-8 Settlement
8-8:1 In General
8-8:2 Vacatur of Court Opinion
8-8:2.1 In General
8-8:2.2 Notice

Chapter 9: Specialized Procedures
9-1 Writs of Error
9-1:1 In General
9-1:1.1 Historical Background
9-1:1.2 Basis in Rule and Statute
9-1:1.3 Jurisdictional Requirements
9-1:2 To and From Which Courts
9-1:2.1 To the Appellate Court
9-1:2.2 From the Superior Court
9-1:3 Availability
9-1:3.1 Exhaustion of Appeal Rights
9-1:3.2 As of Right
9-1:4 Writ of Error Where No Right of Appeal Exists
9-1:4.1 In General
9-1:4.2 Criminal Contempt in the Courtroom
9-1:4.3 Small Claims
9-1:4.4 Decisions of the Sentence Review Division
9-1:4.5 Miscellaneous
9-1:5 Writ of Error Where Right to Appeal Qualified
9-1:5.1 In General
9-1:5.2 Writs of Error in Habeas Corpus Proceedings
9-1:6 Scope of Review
9-1:7 Procedure
9-1:7.1 In General
9-1:7.2 Time Within Which to File
9-1:7.3 The Writ
9-1:7.4 Fees
9-1:7.5 Security
9-1:7.6 Issuance, Service and Return
9-1:7.7 Other Documents; Transcript
9-1:7.8 Stay of Execution
9-1:7.9 Duties and Rights of Defendant-in-Error
9-1:7.10 Subsequent Procedures
9-1:8 Modern Utility
9-2 Reservations of Questions of Law
9-2:1 In General
9-2:1.1 Scope
9-2:1.2 Conditions Precedent
9-2:1.3 Reservations From Superior Court to Appellate Court
9-2:1.4 Reservations From Compensation Review Board to Appellate Court
9-2:2 Trial Procedure
9-2:2.1 Stipulation
9-2:2.2 Statement of Facts
9-2:2.3 Questions of Law
9-2:2.4 When Entertained
9-2:2.5 Reservation by Trial Court
9-2:3 Acceptance by Appeals Court
9-2:3.1 In General
9-2:3.2 When Entertained
9-2:4 Appellate Procedure
9-2:4.1 In General
9-2:4.2 Fees and Security
9-2:4.3 Record, Briefs and Argument
9-2:4.4 Advice by Appeals Court
9-2:5 Review of Appellate Court Advice on Reservation
9-2:6 Judgment by Trial Court
9-3 Discipline of Judges of the Superior, Appellate and Supreme Court
9-3:1 Jurisdiction of the Supreme Court
9-3:1.1 Original Jurisdiction
9-3:1.2 Appellate Jurisdiction
9-3:2 Judicial Review Council
9-3:2.1 In General
9-3:2.2 Authority
9-3:3 Removal or Suspension by the Supreme Court
9-3:3.1 In General
9-3:3.2 On Its Own Motion
9-3:3.3 On Recommendation When No Appeal
9-3:3.4 On Recommendation After Appeal
9-3:3.5 Necessary Vote
9-3:4 Appeals to the Supreme Court
9-3:4.1 In General
9-3:4.2 Time Limits
9-3:4.3 Documents to Be Filed
9-3:4.4 Fees, Costs and Security
9-3:4.5 Remand by Court
9-3:4.6 Subsequent Procedure
9-4 Discipline of Probate Judges
9-4:1 Jurisdiction of the Supreme Court
9-4:1.1 Original Jurisdiction
9-4:1.2 Appellate Jurisdiction
9-4:2 Council on Probate Judicial Conduct
9-4:2.1 In General
9-4:2.2 Time Limits
9-4:2.3 Documents to Be Filed
9-4:2.4 Fees, Costs and Security
9-4:2.5 Remand by Court
9-4:2.6 Subsequent Procedure
9-5 Review of Sentences
9-5:1 Death Sentences
9-5:1.1 In General
9-5:1.2 Scope of Review
9-5:1.3 Procedure
9-5:2 Decisions of the Sentence Review Division of the Superior Court

Chapter 10: Original Proceedings in the Supreme Court
10-1 Original Jurisdiction
10-1:1 In General
10-1:1.1 Appellate Fact Finding
10-1:1.2 Rules of Practice
10-2 Reapportionment Matters
10-2:1 Jurisdiction of the Supreme Court
10-2:2 Petition by Registered Voter
10-2:2.1 In General
10-2:2.2 Time Limits
10-2:2.3 Filing, Form and Contents
10-2:3 Subsequent Procedure
10-2:3.1 In General
10-2:3.2 Factual Issues
10-2:4 Decision
10-3 Certified Questions of Law to and from Other Courts
10-3:1 In General
10-3:1.1 Jurisdiction
10-3:1.2 Constitutionality
10-3:2 Certification From Other Courts: Power to Answer Questions
10-3:2.1 Certification From Federal Courts
10-3:2.2 Certification From Other State Courts
10-3:2.3 Certification From Tribal Courts
10-3:3 Certification From Other Courts: Conditions Precedent
10-3:4 Certification to the Connecticut Supreme Court: Procedure
10-3:4.1 Certification Order
10-3:4.2 Acceptance or Rejection
10-3:4.3 Procedure After Acceptance
10-3:4.4 Answers to Certified Questions
10-3:4.5 Fees and Costs
10-3:5 Certification to Other Courts: Power to Ask Questions
10-3:6 Certification to Other Courts: Conditions Precedent
10-3:7 Certification to Other Courts; Procedure
10-4 Removal or Suspension of Judges
10-4:1 In General
10-5 Federal Election Disputes
10-5:1 In General
10-5:2 The Complaint
10-5:3 Pre-Election Complaints
10-5:4 Post-Election Complaints
10-5:5 Procedure
10-5:5.1 Rules of Practice
10-5:5.2 Rules of Evidence
10-5:6 The Hearing
10-5:7 The Decision
10-5:7.1 Time
10-5:7.2 Finality