Conn. Practice Book § 72-3 (2026)

Sec. 72-3. Applicable Procedure (a) The writ of error, if in proper form, shall be allowed and signed by a judge or clerk of the court in which the judgment or decree was rendered. 498 72-3. Applicable Procedure 72-3A. Stays 72-4. Applicability of Rules The writ of error shall be presented for signature within twenty days of the date notice of the judg- ment or decision complained of is given but shall be signed by the judge or clerk even if not pre- sented in a timely manner. Failure without cause to present the writ of error in a timely manner may be a ground for dismissal of the writ of error by the court having appellate jurisdiction. (b) The writ of error shall be served and returned as other civil process, except that the writ of error shall be served at least ten days before the return day and shall be returned to the appellate clerk at least one day before the return day. The return days are any Tuesday not less than twelve nor more than thirty days after the writ of error is signed by a judge or clerk of the court. (c) The writ of error shall be deemed filed the day it is properly returned to the appellate clerk. The plaintiff in error shall return the writ of error to the appellate clerk by (1) complying with Sec- tion 60-7 or 60-8 by paying the required fee, sub- mitting a signed application for waiver of fees and the order of the trial court granting the fee waiver, or certifying that no fees are required; (2) submit- ting the matter in accordance with the provisions of Section 63-3; and (3) submitting the allowed and signed writ of error and the signed marshal’s return to the appellate clerk. (d) An electronically filed writ of error will be docketed upon the submission of the matter in accordance with Section 63-3 but will be rejected upon review by the appellate clerk if the plaintiff in error fails to comply with Section 60-7 or to submit an allowed and signed writ of error and the signed marshal’s return on the same business day the matter is submitted in accordance with the provisions of Section 63-3. The writ of error may also be returned upon review by the appellate clerk for noncompliance with the Rules of Appel- late Procedure. The appellate clerk shall forthwith give notice to all parties of the filing of the writ of error.

© Copyrighted by the Secretary of the State of the State of Connecticut RULES OF APPELLATE PROCEDURE Sec. 72-3A (e) If the writ of error is brought against a judge of the Superior Court to contest a summary deci- sion of criminal contempt by that judge, the defendant in error shall be the Superior Court. In all other writs of error, the writ of error shall bear the caption of the underlying action in which the judgment or decision was rendered. All parties to the underlying action shall be served in accord- ance with Chapter 8 of these rules. (f) Within ten days of filing a writ of error, the plaintiff in error shall file with the appellate clerk: (1) A certificate stating that no transcript is deemed necessary or a transcript order confirma- tion from the official court reporter in compliance with Section 63-4 (a) (3). If any other party deems any other parts of the transcript necessary that were not ordered by the plaintiff in error, that party shall, within twenty days of the filing of the plaintiff in error’s transcript papers, file a transcript order confirmation for an order placed in compliance with Section 63-8. (2) A docketing statement in compliance with Section 63-4 (a) (4). If additional information is or becomes known to, or is reasonably ascertainable by the defendant in error, the defendant in error shall file a docketing statement supplementing the information required to be provided by the plaintiff in error. (g) Within twenty days of filing a writ of error, the plaintiff in error shall file with the appellate clerk such documents as are necessary to present the claims of error made in the writ of error, includ- ing pertinent pleadings, memoranda of decision and judgment file, accompanied by a certification that a copy thereof has been served on each counsel of record in accordance with Section 62-7. (h) Within ten days of the filing by the plaintiff in error of the documents referred to in subsection (g) of this rule, the defendant in error may file such additional documents as are necessary to defend the action, accompanied by a certification that a copy thereof has been served on each counsel of record in accordance with Section 62-7. (i) Answers or other pleas shall not be filed in response to any writ of error. No amended writ of error may be filed without leave of the court having appellate jurisdiction. (j) Briefing is in accordance with Section 67-1 et seq. in which the rules applicable to appellants shall apply to plaintiffs in error, and the rules appli- cable to appellees shall apply to defendants in error. (P.B. 1978-1997, Sec. 4144.) (Amended Nov. 19, 2003, to take effect Jan. 1, 2004; amended June 2, 2010, to take effect Jan. 1, 2011; amended June 5, 2013, to take effect July 1, 2013; amended Sept. 16, 2015, to take effect Jan. 1, 2016; 499 amended June 15, 2016, to take effect Sept. 30, 2016; amended July 19, 2017, to take effect Oct. 8, 2017; amended July 23, 2019, to take effect Jan. 1, 2020; amended July 19, 2022, to take effect Jan. 1, 2023; amended July 23, 2024, to take effect Jan. 1, 2025.) Sec. 72-3A. Stays Except where otherwise provided by statute or other law, proceedings to enforce or carry out the judgment or order that is challenged in the writ of error shall be automatically stayed for twenty days and if the writ is timely allowed and signed, the stay shall continue until the return date set forth in the writ. If a writ of error is timely filed, such proceedings shall be stayed until the final deter- mination of the writ. If the writ goes to judgment in the Supreme Court or Appellate Court, any stay thereafter shall be in accordance with Section 71-6 (motions for reconsideration), Section 84-3 (petitions for certification by the Connecticut Supreme Court), and Section 71-7 (petitions for certiorari by the United States Supreme Court). The automatic stay only applies to proceedings to enforce or carry out the judgment or order that is being challenged in the writ of error and does not stay any other trial court proceedings. There shall be no automatic stay if a writ of error is filed challenging an order of civil contempt, summary criminal contempt or any decisions under Section 61-11 (b) and (c) in accordance with the rules for appeals. Any aggrieved nonparty plaintiff in error or defendant in error or a party may file a motion to terminate or impose a stay in matters covered by this section, either before or after the judgment or order is rendered, based upon the existence of a writ of error. Such a motion shall be filed in accordance with the procedures in Section 61-11 (d) and (e) or Section 61-12. Whether acting on a motion of a party, a nonparty plaintiff in error or defendant in error or sua sponte, the judge shall hold a hearing prior to terminating the automatic stay. In a family matter, the trial judge shall consider: (1) the needs and interests of the parties, their children and any other persons affected by such order; (2) the potential prejudice that may be caused to the parties, their children and any other persons affected, if a stay is entered, not entered or is terminated; (3) the need to preserve the rights of the nonparty bringing the writ of error to obtain effective relief if the writ is successful; (4) the effect, if any, of the automatic orders under Sec- tion 25-5 on any of the foregoing considerations; and (5) any other factors affecting the equities of the parties and aggrieved nonparties. The judge

© Copyrighted by the Secretary of the State of the State of Connecticut RULES OF APPELLATE PROCEDURE