Conn. Practice Book § 61-5 (2026)

Sec. 61-5. Deferring Appeal until Judgment Rendered that Disposes of Case for All Pur- poses and as to All Parties (a) When notice of intent to appeal required; procedure for filing An appeal of a judgment described in Section 61-2 or 61-3 may be deferred until the judgment that disposes of the case for all purposes and as to all parties is rendered. In the following two instances only, a notice of intent to appeal must be filed in order to defer the taking of an appeal until the final judgment that disposes of the case for all purposes and as to all parties is rendered: (1) when the deferred appeal is to be filed from a judgment that not only disposes of an entire complaint, counterclaim or cross complaint but also disposes of all the causes of action brought by or against a party or parties so that that party or parties are not parties to any remaining complaint, counterclaim or cross complaint; or (2) when the deferred appeal is to be filed from a judgment that disposes of only part of a complaint, © Copyrighted by the Secretary of the State of the State of Connecticut

RULES OF APPELLATE PROCEDURE Sec. 61-6 counterclaim or cross complaint but nevertheless disposes of all causes of action in that pleading brought by or against a particular party or parties. In the event that the party aggrieved by a judg- ment described in (1) or (2) above elects to defer the taking of the appeal until the disposition of the entire case, the aggrieved party must, within the appeal period provided by statute, or, if there is no applicable statutory appeal period, within twenty days after issuance of notice of the judgment described in (1) or (2) above, file in the trial court a notice of intent to appeal the judgment, accom- panied by a certification that a copy thereof has been delivered to each counsel of record in accordance with the provisions of Section 62-7. When a notice of intent to appeal has been filed in accordance with this subsection, an objection to the deferral of the appeal may be made by (1) any party who, after the rendering of judgment on an entire complaint counterclaim or cross com- plaint, is no longer a party to any remaining com- plaint, counterclaim or cross complaint, or (2) any party who, by virtue of a judgment on a portion of any complaint, counterclaim or cross complaint, is no longer a party to that complaint, counterclaim or cross complaint. Objection shall be filed in the trial court, within twenty days of the filing of the notice of intent to appeal, accompanied by a certi- fication that a copy thereof has been delivered to each counsel of record in accordance with the provisions of Section 62-7. When such a party has filed a notice of objection to the deferral of the appeal, the appeal shall not be deferred, and the appellant shall file the appeal within twenty days of the filing of such notice of objection. (b) Effect of failure to file notice of intent to appeal when required; effect of filing notice of intent to appeal when not required If an aggrieved party, without having filed a timely notice of intent to appeal, files an appeal claiming that a judgment described in (1) or (2) of subsection (a) of this section was rendered improperly, the issues relating to such earlier judg- ment will be subject to dismissal as untimely. The use of the notice of intent to appeal is abol- ished in all instances except as provided in sub- section (a) of this section, which sets forth the two instances in which a notice of intent must be filed. Except as provided in subsection (a), the filing of a notice of intent to appeal will preserve no appeal rights. (P.B. 1978-1997, Sec. 4002D.) (Amended Sept. 16, 2015, to take effect Jan. 1, 2016.) Sec. 61-6. Appeal of Judgment or Ruling in Criminal Case (Amended July 26, 2000, to take effect Jan. 1, 2001.) (a) Appeal by defendant 451 (1) Appeal from final judgment The defendant may appeal from a conviction for an offense when the conviction has become a final judgment. The conviction becomes a final judgment after imposition of sentence. In cases where a final judgment has been rendered on fewer than all counts in the information or com- plaint, the defendant may appeal from that judg- ment at the time it is rendered. (2) Appeal of ruling following judgment ren- dered upon conditional plea of nolo con- tendere (A) On motion to dismiss or suppress When a defendant, prior to the commencement of trial, enters a plea of nolo contendere condi- tional on the right to file an appeal from the court’s denial of the defendant’s motion to suppress or motion to dismiss, the defendant, after the imposi- tion of sentence, may file an appeal within the time prescribed by law. The issue to be considered in such appeal shall be limited to whether it was proper for the court to have denied the motion to suppress or the motion to dismiss. A plea of nolo contendere by a defendant under this subsection shall not constitute a waiver by the defendant of nonjurisdictional defects in the criminal prosecu- tion. The court shall not accept a nolo contendere plea pursuant to this subsection where the denial of the motion to suppress or motion to dismiss would not be dispositive of the case in the trial court. The court shall also decline to accept such a nolo contendere plea where the record available for review of the denial of the motion to suppress or motion to dismiss is inadequate for appellate review of the court’s determination thereof. (B) On any motion made prior to close of evidence With the approval of the court, after a hearing to consider any objections thereto, a defendant may enter a conditional plea of guilty or nolo con- tendere, reserving in writing the right, on appeal from the judgment, to review of the adverse deter- mination of any motion made prior to the close of evidence, which motion must be specified in such written reservation. If the defendant prevails on appeal, the judgment shall be set aside and the defendant shall be allowed to withdraw the condi- tional plea of guilty or nolo contendere after the case has been remanded to the trial court. A plea of guilty or nolo contendere under this subsection shall not constitute a waiver of nonjurisdictional defects in the criminal prosecution. The court shall not accept a plea of guilty or nolo contendere pursuant to this subsection where the adverse determination of the specified motion would not © Copyrighted by the Secretary of the State of the State of Connecticut

RULES OF APPELLATE PROCEDURE