(a) The Superior Court, and the judges, clerks and assistant clerks thereof, may, except where it is otherwise specially provided by law, make such order as is deemed reasonable, in regard to the notice which shall be given of the institution or pendency of all complaints, writs of error and appeals from probate, which may be brought to or pending in the Superior Court, when the adverse party, or any persons so interested therein that they ought to be made parties thereto, reside out of the state, or when the names or residences of any such persons in interest are unknown to the party instituting the proceeding.
(b) Such notice, having been given and proved by the affidavit of the officer who served the notice or by other competent evidence, shall be deemed sufficient service and notice, and the court may proceed to a hearing, unless otherwise provided by law, or may order further notice as it deems reasonable.
(1949 Rev., S. 7785; 1961, P.A. 517, S. 40; February, 1965, P.A. 395; P.A. 78-280, S. 101, 127; P.A. 82-160, S. 23.)
History: 1961 act deleted obsolete provision for making of orders by county commissioners; 1965 act amended last sentence to provide proof be “by the affidavit ... or other competent evidence”; P.A. 78-280 substituted “superior court” for “any court”, reflecting transfer of all trial jurisdiction to superior court, and deleted reference to terms and sessions of court, reflecting fact that court now sits continuously; P.A. 82-160 replaced “several courts, other than the courts of probate,” with “superior court” and inserted Subsec. indicators.
See Sec. 52-52 re orders of notice of legal or judicial proceedings.
Effect of service by publication. 89 C. 221. Cited. 108 C. 175. Sufficient notice given. 139 C. 506. Does not apply to actions under Sec. 46-28. 142 C. 173. Cited. 147 C. 561. Properly applies to an annulment action against nonresident defendant where plaintiff is domiciled in Connecticut. 152 C. 160. Action for declaratory judgment to determine title of property in another state not an in rem action and personal service is required. Id., 228. Cited. 182 C. 14; 190 C. 48; 195 C. 191; 212 C. 157.
Cited. 31 CA 569.
Cited. 39 CS 198.
Notes of Decisions
Cited in
18
cases (
4 in the last 5 years), 1959–2025 · leading case:
Eskin v. Castiglia, 753 A.2d 927 (Conn. 2000).
Eskin v. Castiglia, 753 A.2d 927 (Conn. 2000).
· cites it 6× “The defendant then filed with the trial court a “motion for instructions regarding ser *521 vice of process under General Statutes § 52-68” 4 on the unidentified driver.”
Tarnowsky v. Socci, 856 A.2d 408 (Conn. 2004).
· cites it 4× “which may be brought to or pending in the Superior Court, when the adverse party, or any persons so interested therein that they ought to be made parties thereto, reside out of the state, or when the names or residences of any such persons in interest are unknown to the party…”
Cortes v. Cotton, 626 A.2d 1306 (Conn. App. Ct. 1993).
· cites it 4× “Finally, the defendant contends that General Statutes § 52-68 6 could have been used by the plaintiffs to provide notice after service under § 52-59b.”
Tarnopol v. Connecticut Siting Council, 561 A.2d 931 (Conn. 1989).
· cites it 2× “Pursuant to General Statutes § 52-68 (a), 9 an order of notice may be utilized as an alternative means of service only “when the adverse party, or any persons so interested therein that they ought to be made parties thereto, reside out of the state, or when the names or…”
Stand. Tallow Corp. v. Jowdy, 459 A.2d 503 (Conn. 1983).
“to 1979) § 52-68, which states: “Sec. 52-68. service of process, orders of notice.”
Monahan v. Holmes, 139 F. Supp. 2d 253 (D. Conn. 2001).
· cites it 4× “…court may proceed to a hearing, unless otherwise provided by law, or may order further notice as it deems reasonable. Conn.Gen.Stat. § 52-68.”
White-Bowman Plumbing & Heating, Inc. v. Biafore, 437 A.2d 833 (Conn. 1980).
· cites it 2× “” From the record it appears that the plaintiff filed an application 3 for a first order of notice in accordance with this statute one week before the memorandum of decision denying the motion to erase was filed.”
Homebridge Fin. Servs., Inc. v. Jakubiec, 223 Conn. App. 517 (Conn. App. Ct. 2024).
· cites it 2× “’’ 13 In its objection to the defendant’s motion to dismiss, Homebridge argued that the service by publication pursuant to General Statutes § 52-68 was sufficient under the facts and circumstances of this case.”
Brewster v. Brewster, 206 A.2d 106 (Conn. 1964).
· cites it 2× “The question then is whether, in this declaratory judgment action for the construction of the terms of a trust established by a Connecticut resident under a will *235 probated in this state, in which no property or interest therein has been attached or otherwise sequestered, the…”
Bank Mart v. Langley, 474 A.2d 491 (Conn. Super. Ct. 1984).
· cites it 2× “, General Statutes § 52-68. It is generally accepted practice in Connecticut that when a defendant cannot be found, the plaintiff will seek an order for notice by publication without establishing that other forms of service can be made.”
City Trust Co. v. Bulkley, 201 A.2d 196 (Conn. 1964).
· cites it 2× “General Statutes § 52-68. In the present case, it is difficult to understand how any reasonable effort to ascertain the status of the several estates and the names and whereabouts of the executors or administrators thereof could have met with such complete lack of success,…”
Gimbel v. Gimbel, 163 A.2d 451 (Conn. 1960).
· cites it 2× “See General Statutes § 52-68; Practice Book §§ 65, 66.”
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