Conn. Gen. Stat. » Title 52 — CIVIL ACTIONS · Chapter 896 — Civil Process, Service and Time for Return
Connecticut General Statutes

Conn. Gen. Stat. § 52-46 (2025)

Time for service

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Civil process, if returnable to the Supreme Court, shall be served at least thirty days, inclusive, before the day of the sitting of the court, and, if returnable to the Superior Court, at least twelve days, inclusive, before such day.

(1949 Rev., S. 7766; 1959, P.A. 28, S. 202; P.A. 76-436, S. 411, 681.)

History: 1959 act deleted reference to process returnable to a justice of the peace; P.A. 76-436 removed court of common pleas from purview of section, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978.

Want of full time may be waived. 1 C. 169; 43 C. 303. “Service” means the commencement of the action by legal notice given to defendant. 17 C. 216. The day of service is to be counted and the first court day to be excluded. 13 C. 16; 51 C. 27. Includes writs of error. 85 C. 375; Id., 627. Not applicable to motion to Supreme Court for order requiring trial court to make finding. 95 C. 690. Cited. 125 C. 547; 133 C. 719; 134 C. 604; 137 C. 300; 153 C. 131; 192 C. 1; 236 C. 330.

Cited. 36 CA 635; judgment reversed, see 236 C. 330.

Cited. 20 CS 162; 24 CS 315. Section nullified if motion to amend return day of writ under Sec. 52-48 is allowed. 28 CS 489. Cited. 29 CS 519; 44 CS 39.

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Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1963–2022 · leading case: In re Michaela Lee R., 756 A.2d 214 (Conn. 2000).
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In re Michaela Lee R., 756 A.2d 214 (Conn. 2000). · cites it 7× “Finally, the defendant argues that the commissioner’s motion to appeal from the judgment of the Probate Court had been served and returned to court improperly because it had not been served twelve days prior to the return date as required by General Statutes §§ 52-46 and 52-46a.…”
Rana v. Ritacco, 672 A.2d 946 (Conn. 1996). · cites it 4× “General Statutes § 52-48 (b). 11 Such process need not be served on the defendant until twelve days prior to the return day and need not be returned to the court until six days prior to the return day.”
Connecticut v. Doehr, 501 U.S. 1 (1991). · cites it 2× “Conn. Gen. Stat. § 52-46 (1991). The State counters that the postattachment hearing is available upon request.”
Lostritto v. Cmty. Action Agency of New Haven, Inc., 848 A.2d 418 (Conn. 2004). · cites it 2× “2d 281 (1998) (“the return date determines howto compute the time for service of process; General Statutes § 52-46; the time for filing the writ with the court; General Statutes § 52-46a; the time for the defendant to file an appearance with the court; General Statutes § 52-84;…”
Chestnut Point Realty, LLC v. Town of E. Windsor, 153 A.3d 636 (Conn. 2017). · cites it 2× “See General Statutes §§ 52-46 through 52-48. Requiring filing alone to be accomplished by the deadline, however, would effectively extend that deadline by several weeks, creating uncertainty and extra burdens for municipalities.”
Hartford Fed. Sav. & Loan Ass'n v. Tucker, 469 A.2d 778 (Conn. 1984). · cites it 3× “The defendant claims that the order of contempt was procedurally flawed because of noncompliance with the provisions of General Statutes §§ 52-46 and 52-57. The defendant was served with the motion for the order of contempt on May 6,1980, and was held in contempt on May 12, 1980.”
Coppola v. Coppola, 707 A.2d 281 (Conn. 1998). · cites it 2× “Today, the return date determines how to compute the time for service of process; General Statutes § 52-46; the time for filing the writ with the court; General Statutes § 52-46a; the time for the defendant to file an appearance with the court; General Statutes § 52-84; and the…”
Galluzzo v. Bd. of Tax Review, 666 A.2d 841 (Conn. Super. Ct. 1995). · cites it 5× “1 The court had previously dismissed the plaintiffs’ case since process was not served twelve days before the return day under General Statutes § 52-46. I In Concept Associates, Ltd.”
Bohonnon Law Firm, LLC v. Baxter, 27 A.3d 384 (Conn. App. Ct. 2011). · cites it 2× “” General Statutes § 52-46 provides: “Civil process, if returnable to the Supreme Court, shall be served at least thirty days, inclusive, before the day of the sitting of the court, and, if returnable to the Superior Court, at least twelve days, inclusive, before such day.”
Rosado v. Bridgeport Roman Catholic Diocesan Corp., 825 A.2d 153 (Conn. App. Ct. 2003). · cites it 2× “” There also was no compliance with General Statutes § 52-46, which provides in relevant part that such process shall be “returnable to the Superior Court, at least twelve days, inclusive,” before the day of the sitting of the court.”
Hibner v. Bruening, 828 A.2d 150 (Conn. App. Ct. 2003). · cites it 2× “Murphy, Stephenson’s Connecticut Civil Procedure (3d Ed. 1997) § 11 (b), p.”
Cacace v. Lucas, 775 F. Supp. 502 (D. Conn. 1990). · cites it 2× “Conn.Gen. Stat. § 52-46. Assume, as the attorney for plaintiffs does, the plaintiffs received the first letter on February 20.”
Show all 19 citing cases →
Conn. Gen. Stat. § 52-46(a): 1 case
Hubert v. Corr., No. 3:21-cv-00094 (D. Conn. Mar. 4, 2022).
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