Connecticut General Statutes

Conn. Gen. Stat. § 52-45a (2026)

(Formerly Sec. 52-89). Commencement of civil actions. Contents and signature of process

✓ current as of May 2026

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Civil actions shall be commenced by legal process consisting of a writ of summons or attachment, describing the parties, the court to which it is returnable, the return day, the date and place for the filing of an appearance and information required by the Office of the Chief Court Administrator. The writ shall be accompanied by the plaintiff's complaint. The writ may run into any judicial district and shall be signed by a commissioner of the Superior Court or a judge or clerk of the court to which it is returnable.

(1949 Rev., S. 7811; 1959, P.A. 28, S. 107; 1969, P.A. 520, S. 2; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 7; P.A. 98-13, S. 2.)

History: 1959 act deleted provision for writs returnable before a justice of the peace; 1969 act substituted “the return day and the date and time for the filing of an appearance” for “and the time and place of appearance”; P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 replaced “mesne process in civil actions shall be” with “civil actions shall be commenced by legal process consisting of”; Sec. 52-89 transferred to Sec. 52-45a in 1983; P.A. 98-13 added “information required by Office of Chief Court Administrator”.

See Sec. 52-48 re return day for process in civil action.

Annotations to former section 52-89:

The residence of the parties must be stated; 9 C. 480; and in justice writs, the hour for appearance. 16 C. 44. Writs must be brought to the next term of court before which there is time to serve them. 1 R. 315. May be brought to adjourned term. 10 C. 488. A writ in favor of a town may be signed by a magistrate who is one of its inhabitants. 1 R. 175. Established practice allows 1 hour of grace to parties in appearing in actions brought before justices of the peace; but this limit is not inflexible. 44 C. 273. A magistrate cannot sign process in his own case nor in favor of the firm of which he is a member. 47 C. 316; overruled, see 222 C. 541, see also 60 C. 426. Petitions under the flowage act are to be served by citation. 49 C. 347. Issuance of process by de facto magistrate. 77 C. 184. Complaint must accompany writ; proper way to take advantage of such defect is by motion to erase from docket for want of process. 97 C. 400. Cited. 126 C. 607; 132 C. 515; 141 C. 407. The signing of a writ by a lawyer as a commissioner of the Superior Court is not a mere ministerial act; a writ of mandamus to compel the signing will not be granted. 142 C. 411. Privilege of using fictitious names discussed. 147 C. 48. Cited. 149 C. 218; 162 C. 255; 166 C. 102; Id., 174. Writ of attachment now issued only after compliance with chapter 903a. 167 C. 623.

Cited. 8 CS 398. Attachment is no part of the original process and cannot affect the judgment to be rendered thereon. 14 CS 357. Cited. 16 CS 143. True name of plaintiff has no reason to appear in the complaint; the proper place is in the writ. 18 CS 446. Application to court to examine corporate records must be made by writ, summons and complaint. 25 CS 253. Cited. 36 CS 47. Rule against plaintiff attorney signing writ in his own case not violated when his partner signed writ. Id., 69. Cited. 38 CS 389.

Annotations to present section:

Cited. 207 C. 547; 210 C. 721; 217 C. 520. Statute does not on its face exclude attorney from signing a writ in his own case; improperly executed writ does not affect subject matter jurisdiction; 47 C. 316 overruled and judgment of Appellate Court reversed. 222 C. 541. Cited. 223 C. 68; 225 C. 13; 236 C. 330; 239 C. 265.

Cited. 13 CA 223; 18 CA 508; 19 CA 203; 22 CA 625; 25 CA 543; judgment reversed, see 222 C. 541; 27 CA 333; Id., 621; 31 CA 155; 34 CA 579; 36 CA 635; judgment reversed, see 236 C. 330; 38 CA 555. Plaintiff's failure to properly execute her writ did not deprive trial court of subject matter jurisdiction, merely personal jurisdiction over defendants unless waived. 53 CA 84. Action not “commenced” within meaning of section by prejudgment remedy documents lacking a signed writ of summons and complaint. 61 CA 234. Because trade name is not an entity with legal capacity to sue, corporation had no standing to litigate the merits of case when it brought an action solely in its trade name, without corporation itself being named as a party. 87 CA 474. Plaintiff's attorney's failure to sign civil summons form was a circumstantial defect that did not deprive court of personal jurisdiction over defendants because the attorney directed a process server to serve defendants. 96 CA 320.

Listing the address of property that was subject of zoning appeal in the citation and complaint, rather than street address of plaintiff as required by preprinted form, was a circumstantial defect under common law whether or not ameliorative statutes apply and did not deprive court of subject matter jurisdiction. 50 CS 513.

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Notes of Decisions

Cited in 77 cases (3 in the last 5 years), 1986–2025 · leading case: Dir. of Health Affairs Policy Plan. v. Freedom of Info. Comm'n, 977 A.2d 148 (Conn. 2009).

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Dir. of Health Affairs Policy Plan. v. Freedom of Info. Comm'n, 977 A.2d 148 (Conn. 2009). · cites it 16× “" Additionally, General Statutes § 52-45a sets forth the procedures governing the commencement of a civil action: "Civil actions shall be commenced by legal process consisting of a writ of summons or attachment, describing the parties, the court to which it is returnable, the…”

Hillman v. Town of Greenwich, 587 A.2d 99 (Conn. 1991). · cites it 6× “Such writ . . . shall be signed by a commissioner of the superior court .”

Bernhard-Thomas Bldg. Sys., LLC v. Dunican, 918 A.2d 889 (Conn. App. Ct. 2007). · cites it 11× “General Statutes § 52-45a. Although the documents served on the defendant were sufficient to give notice of a prejudgment remedy hearing, they were insufficient to serve as the basis for a petition for new trial.”

Howard v. Robertson, 608 A.2d 711 (Conn. App. Ct. 1992). · cites it 8× “limitations, (3) the filing and the service of an application for prejudgment remedy constitutes civil process for the purposes of measuring the running of the statute of limitations, (4) the filing and service of an application for prejudgment remedy together with a signed…”

Brunswick v. Inland Wetlands Comm'n, 610 A.2d 1260 (Conn. 1992). · cites it 5× “” A proper citation, in accordance with General Statutes § 52-45a, 8 is a document that, in addition to describing the parties, the court to which it is returnable, the return date and the date and place for filing an appearance, is “signed by a commissioner of the superior…”

Connor v. Statewide Grievance Comm., 797 A.2d 1081 (Conn. 2002). · cites it 4× “2d 99 (1991) (mesne process is essential element to validity of jurisdiction of court; motion to dismiss for lack of personal jurisdiction over plaintiff should have been granted for defendant’s failure to comply with requirements of General Statutes § 52-45a). “Subject matter…”

Am.'s Wholesale Lender v. Pagano, 866 A.2d 698 (Conn. App. Ct. 2005). · cites it 5× “Specifically, we must compare § 52-123 with § 52-45a, which our Supreme Court has read to require the use of legal names, not fictitious ones, when commencing an action.”

Rana v. Ritacco, 672 A.2d 946 (Conn. 1996). · cites it 4× “As we stated above, an employee or employer bringing a third party action must notify the other (1) that a third party action has been brought, and (2) of the name of the court to which the writ is returnable.”

Hultman v. Blumenthal, 787 A.2d 666 (Conn. App. Ct. 2002). · cites it 4× “See General Statutes § 52-45a; 9 Practice Book § 8-1 (a).”

Gen. Motors Acceptance Corp. v. Pumphrey, 535 A.2d 396 (Conn. App. Ct. 1988). · cites it 4× “The third party defendant in this case did not receive service of process as required by General Statutes § 52-45a. 6 A writ must contain a direction to a proper officer for service and a command to summon the defendant to appear in court.”

Boyles v. Preston, 792 A.2d 878 (Conn. App. Ct. 2002). · cites it 4× “” See also General Statutes § 52-45a. 3 “[A] writ of summons is a statutory prerequisite to the commencement of a civil action.”

Stewart-Brownstein v. Casey, 728 A.2d 1130 (Conn. App. Ct. 1999). · cites it 7× “The trial court found that the plaintiffs “summons was presented to the clerk of the court. The plaintiff admits that the summons had defects.”

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