Connecticut General Statutes

Conn. Gen. Stat. § 1-23 (2026)

When affirmation may be used

✓ current as of May 2026

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When any person, required to take an oath, from scruples of conscience declines to take it in the usual form or when the court is satisfied that any person called as a witness does not believe in the existence of a Supreme Being, a solemn affirmation may be administered to him in the form of the oath prescribed, except that instead of the word “swear” the words “solemnly and sincerely affirm and declare” shall be used and instead of the words “so help you God” the words “upon the pains and penalties of perjury or false statement” shall be used.

(1949 Rev., S. 3574; 1971, P.A. 871, S. 57.)

History: 1971 act added the words “or false statement” to wording of affirmation.

Cited. 202 C. 463; 211 C. 555.

Cited. 9 CA 1.

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Notes of Decisions

Cited in 65 cases (9 in the last 5 years), 1980–2025 · leading case: State v. Milner, 155 A.3d 730 (Conn. 2017).

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State v. Milner, 155 A.3d 730 (Conn. 2017). · cites it 15× “The state points to the defendant's failure to comply with Practice Book § 1-23, insofar as that rule requires that a motion for judicial disqualification be in writing and accompanied by an affidavit setting forth the facts relied on and a certificate of counsel attesting that…”

State v. D'Antonio, 877 A.2d 696 (Conn. 2005). · cites it 5× “ppeal, the state claims that the Appellate Court improperly reversed the judgments of the trial court on the basis of plain error because: (1) the defendant’s claims with respect to the trial court’s failure to recuse *668 itself axe unreviewable because he waived them by…”

State v. Williams, 162 A.3d 84 (Conn. App. Ct. 2017). · cites it 4× “6 Practice Book § 1-23 provides: "A motion to disqualify a judicial authority shall be in writing and shall be accompanied by an affidavit setting forth the facts relied upon to show the grounds for disqualification and a certificate of the counsel of record that the motion is…”

Emerick v. Emerick, 154 A.3d 1069 (Conn. App. Ct. 2017). · cites it 4× “As an initial matter, the defendant has failed to comply with Practice Book § 1-23, which provides in relevant part that "[a] motion to disqualify a judicial authority shall be in writing and shall be accompanied by an affidavit setting forth the facts relied upon to show the…”

Rosado v. Bridgeport Roman Catholic Diocesan Corp., 970 A.2d 656 (Conn. 2009). · cites it 3× “In response, Judge Alander issued an order directing the defendants’ counsel to Practice Book § 1-23, which sets forth the procedures for filing a motion for disqualification of a judicial authority.”

Olson v. Olson, 804 A.2d 851 (Conn. App. Ct. 2002). · cites it 5× “The defendant argues that the plaintiffs claim should not be addressed because his oral motion to disqualify Judge Dranginis did not comply with Practice Book § 1-23, which provides: “A motion to disqualify a judicial authority shall *830 be in writing and shall be accompanied…”

Wiegand v. Wiegand, 21 A.3d 489 (Conn. App. Ct. 2011). · cites it 4× “2d 106 (2009); nor did he preserve his claim of judicial bias in accordance with Practice Book § 1-23. [4] Furthermore, the plaintiff has not requested that we review his claim under the plain error doctrine.”

Burton v. Mottolese, 835 A.2d 998 (Conn. 2003). · cites it 2× “For support for this lack of knowledge, the trial court cited several examples: the numerous motions to disqualify that the plaintiff filed with the court that did not meet the requirements of Practice *53 Book § 1-23; 49 her oral motions to disqualify; the lack of compliance…”

Turner v. Comm'r of Corr., 201 Conn. App. 196 (Conn. App. Ct. 2020). · cites it 6× “Practice Book § 1-23 provides: A motion to disqualify a judicial authority shall be in writ- ing and shall be accompanied by an affidavit setting forth the facts relied upon to show the grounds for disqualification and a certificate of the counsel of record that the motion is…”

State v. Rizzo, 31 A.3d 1094 (Conn. 2011). · cites it 2× “" Practice Book § 1-23 provides: "A motion to disqualify a judicial authority shall be in writing and shall be accompanied by an affidavit setting forth the facts relied upon to show the grounds for disqualification and a certificate of the counsel of record that the motion is…”

Wendt v. Wendt, 757 A.2d 1225 (Conn. App. Ct. 2000). · cites it 3× ““Our Supreme Court has criticized the practice whereby an attorney, cognizant of circumstances giving rise to an objection before or during trial, waits until after an unfavorable judgment to raise the issue.”

Burton v. Statewide Grievance Comm., 835 A.2d 1054 (Conn. App. Ct. 2003). · cites it 11× “4 On July 30, *538 1998, the day of the scheduled hearing in the administrative appeal, the plaintiff filed a motion to disqualify 5 Judge McWeeny, who denied the motion, stating: “The court will not recuse itself on the basis of an eleventh hour motion that does not comply with…”

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