Connecticut § 52-48 - Return day of process.

§ 52-48. Return day of process.

Sec. 52-48. Return day of process. (a) Process in civil actions, including transfers and applications for relief or removal, but not including summary process actions, brought to the Superior Court may be made returnable on any Tuesday in any month. The return day in any summary process action may be any week day, Monday through Saturday, except a holiday.

(b) All process shall be made returnable not later than two months after the date of the process and shall designate the place where court is to be held.

(1949 Rev., S. 7768; 1949, S. 3146d; 1967, P.A. 742, S. 1; 1969, P.A. 293, S. 1; P.A. 74-183, S. 80, 291; P.A. 76-436, S. 124, 681; P.A. 82-160, S. 9.)

History: 1967 act added alternative of process being returnable on twelfth day following day of service and extended mandatory return date from “next but one” return day to “next but two” in first sentence, extended requirement place where court is to be held be designated where court is in New Haven county to all counties, and deleted provision that time within which pleadings be filed commence to run from first Tuesday of September following return day; 1969 act amended provisions re return of process to allow return in civil actions on any Tuesday rather than on twelfth day following day of service or on first Tuesday in any month and to require return not later than two months after date of process rather than on next return day or “next but two” and to delete provision which prohibited abatement of process in civil action because the term of the court was not stated in the process; P.A. 74-183 made special separate provision for return day in summary process actions, effective December 31, 1974; 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; P.A. 82-160 rephrased section and inserted Subsec. indicators.

Appeal from probate is an “action” under section. 63 C. 413; 76 C. 285. The right to begin a civil action at any time, which has always existed in this state, is not to be destroyed by statutory implication. 73 C. 229. Cited. Id., 562. Return day cannot be changed before service without reissuing writ. 74 C. 38. Meaning of phrase “to which it can be made returnable” as applied to appeal. 83 C. 677. Correction of mistake as to return day of probate appeal before service. 91 C. 110. Not applicable to motion to Supreme Court for order requiring trial court to make finding. 95 C. 691. Cited. 122 C. 153; 134 C. 605; 154 C. 416; 165 C. 435; Id., 440; 178 C. 472; 207 C. 547; 227 C. 848; 229 C. 618; 232 C. 392; 233 C. 352; 236 C. 330. Failure to return process in probate matter in accordance with section did not deprive Superior Court of jurisdiction over probate appeal. 289 C. 795.

Cited. 4 CA 209; 27 CA 590; 31 CA 793; judgment reversed, see 229 C. 618; 32 CA 335; 33 CA 6; 36 CA 635; judgment reversed, see 236 C. 330. Although section sets forth 2-month time limitation for return of process, the legislature, by enacting Sec. 52-72, clearly provided parties an avenue to correct a procedural error concerning such process. 61 CA 305.

Remedy for failure to return secondary process. 15 CS 307. Appeal from probate is a civil action within meaning of section. 18 CS 480. Amendment allowed where writ for personal injuries served within 1 year of injury inadvertently designated a return day less than 12 days from date of service. 20 CS 160. To allow motion to amend return day of writ to an earlier date would nullify Secs. 52-46 and 52-47. 28 CS 489. Cited. 29 CS 519; 40 CS 243.

Secs. 52-48a and 52-49. Service and return day of process in Circuit Court. Appeals from administrative officers, when returnable. Sections 52-48a and 52-49 are repealed.

(1949 Rev., S. 7770; 1959, P.A. 28, S. 38, 106; 1961, P.A. 14; 1963, P.A. 642, S. 86; 1969, P.A. 494; P.A. 74-183, S. 81, 291; P.A. 76-436, S. 125, 681; P.A. 88-317, S. 28, 107; P.A. 89-174, S. 6, 7.)