(a) If, at the expiration of the three days prescribed in section
47a-23, the lessee or occupant neglects or refuses to quit possession or occupancy of the premises, any commissioner of the Superior Court may issue a writ, summons and complaint which shall be in the form and nature of an ordinary writ, summons and complaint in a civil process, but which shall set forth facts justifying a judgment for immediate possession or occupancy of the premises and make a claim for possession or occupancy of the premises. If the claim is for the possession or occupancy of nonresidential property, the writ, summons and complaint shall also make a claim for the forfeiture to the plaintiff of the possessions and personal effects of the defendant in accordance with section
47a-42a. If the plaintiff has properly issued a notice to quit possession to an occupant by alias, if permitted to do so by section
47a-23, and has no further identifying information at the time of service of the writ, summons and complaint, such writ, summons and complaint may also name and serve such occupant or occupants as defendants. In any case in which service is to be made upon an occupant or occupants identified by alias, the complaint shall contain an allegation that the plaintiff does not know the name of such occupant or occupants. Such complaint shall be returnable to the Superior Court. Such complaint may be made returnable six days, inclusive, after service upon the defendant and shall be returned to court at least three days before the return day. Such complaint may be served on any day of the week.
(b) Venue for actions brought pursuant to this chapter shall be the geographical area, established pursuant to section 51-348, where the defendant resides or where the leased premises or trailer are located at the plaintiff's election or, in the case of a defendant corporation or domestic corporation, where the defendant has an office or place of business. If the defendant is a nonresident, venue shall be the geographical area, established pursuant to section 51-348, where the plaintiff resides or where the land lies at the plaintiff's election.
(P.A. 79-571, S. 47; P.A. 80-399, S. 3; P.A. 87-507, S. 2; P.A. 92-171, S. 2; P.A. 93-435, S. 19, 95; P.A. 97-231, S. 9; P.A. 12-133, S. 4; P.A. 15-85, S. 7.)
History: P.A. 80-399 amended section to reflect change in notice requirement, i.e. from 10 or 5 days to 8 days, and specified that no recognizance is required of complainant appearing pro se; P.A. 87-507 amended Subsec. (a) to provide that when a plaintiff has issued a notice to quit to an occupant by alias and has no further identifying information, the writ, summons and complaint may also name and serve such occupant or occupants as defendants and that when service is to be made upon an occupant or occupants by alias, the complaint shall allege that the plaintiff does not know and cannot discover the name of such occupant or occupants; P.A. 92-171 amended Subsec. (a) by changing “eight days” to “five days” to reflect change in notice requirement of Sec. 47a-23, deleting the requirement that when an occupant is served by alias the complaint contain an allegation that the plaintiff in the exercise of reasonable diligence cannot discover the name of the occupant, and authorizing the complaint to be served on any day of the week; P.A. 93-435 made a technical change in Subsec. (b), effective June 28, 1993; P.A. 97-231 amended Subsec. (a) to change “five days” to “three days prescribed in section 47a-23” and to add provision that if the claim is for the possession or occupancy of nonresidential property a claim may also be made for the forfeiture of the possessions and personal effects of the defendant; P.A. 12-133 amended Subsec. (a) by changing “may” to “shall” re inclusion of claim for forfeiture of personal effects of defendant to plaintiff when plaintiff's claim is for possession or occupancy of nonresidential property; P.A. 15-85 amended Subsec. (a) by deleting provision re no recognizance to be required of pro se complainant.
Cited. 217 C. 313; 235 C. 650.
Cited. 1 CA 439; 4 CA 162; 7 CA 301; 16 CA 574; 18 CA 539.
Cited. 36 CA 432; 38 CS 70; 39 CS 367; 40 CS 4.
Subsec. (a):
Trial court properly determined that summary process action was issued in conformity with statute; “issue” means more than mere clerical preparation, dating and attestation of a writ and, with reference to writs, is ordinarily construed as importing delivery to the proper person or officer for service; date on which summary process was delivered to judicial marshal was date summary process was issued. 97 CA 662.
Statute continues in effect as a special rule governing summary process actions until modified by a later rule of the judges of the Superior Court. 38 CS 389.
Notes of Decisions
Waterbury Twin, LLC v. Renal Treatment Centers-Ne., Inc., 974 A.2d 626 (Conn. 2009).
· cites it 10× “On February 11, 2008, the defendants moved to dismiss the initial complaint, contending that it violated General Statutes § 47a-23a [6] of the summary process statutes because it had not been returned to court at least three days before the return day.”
Arpaia v. Corrone, 559 A.2d 719 (Conn. App. Ct. 1989).
· cites it 6× “*540 Before the trial began, the defendants moved to dismiss the action pursuant to Practice Book § 142, 1 arguing that the return of process was not made in conformance with the requirements of General Statutes § 47a-23a. 2 The trial court denied the defendants’ motion without…”
Tappin v. Homecomings Fin. Network, Inc., 830 A.2d 711 (Conn. 2003).
· cites it 4× “The lender can obtain possession from the tenant by bringing a summary process action pursuant to General Statutes § 47a-23a 9 and successfully obtaining judgment while a writ of error is pending concerning the execution of ejectment.”
Young v. Young, 733 A.2d 835 (Conn. 1999).
· cites it 5× “On April 22, 1997, the plaintiff, Rosemary Young, instituted a summary process action, pursuant to General Statutes § 47a-23a, 3 seeking to evict *485 the defendants, Douglas Young and Maureen Young.”
Hud/Barbour-Waverly v. Wilson, 668 A.2d 1309 (Conn. 1995).
· cites it 4× “The defendant did not vacate the premises and, on January 5, 1993, the plaintiff brought a summary process action under General Statutes § 47a-23a 5 seeking to evict the defendant from her apartment on the basis of her alleged violation of the rental agreement between the…”
Presidential Vill., LLC v. Phillips, 158 A.3d 772 (Conn. 2017).
· cites it 2× “) General Statutes § 47a-23a. At this point, the tenant may file an answer to the complaint and may allege any special defenses, a process facilitated by a standard form provided by the Judicial Branch.”
Messinger v. Laudano, 493 A.2d 255 (Conn. App. Ct. 1985).
· cites it 4× “General Statutes § 47a-23a; Hour Publishing Co.”
Young v. Young, 781 A.2d 342 (Conn. App. Ct. 2001).
· cites it 6× “2 On April 22, 1997, the plaintiff *653 instituted a summary process action, pursuant to General Statutes § 47a-23a, 3 seeking to evict the defendants from the premises.”
Southland Corp. v. Vernon, 473 A.2d 318 (Conn. App. Ct. 1983).
· cites it 2× “Concomitant with its summary design, the legislature has mandated a truncated return day and appearance date; General Statutes §§ 47a-23a and 47a-26; and that pleadings shall advance in three day steps.”
Ossen v. Wanat, 585 A.2d 685 (Conn. 1991).
· cites it 4× “” General Statutes § 47a-23a (a) provides: “If, at the expiration of the eight days the lessee or occupant neglects or refuses to quit possession or occupancy of the premises, any commissioner of the superior court may issue a writ, summons and complaint .”
Sullivan v. Lazzari, 43 A.3d 750 (Conn. App. Ct. 2012).
· cites it 4× “occupant neglects or refuses to quit possession or occupancy of the premises, any commissioner of the Superior Court may issue a writ, summons and complaint which shall be in the form and nature of an ordinary writ, summons and complaint in a civil process, but which shall set…”
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