Sec. 51-347. (Formerly Sec. 52-47). Where writs may be filed. - Connecticut Statutes

      Sec. 51-347. (Formerly Sec. 52-47). Where writs may be filed. (a) Except as provided in subsection (b) of this section, any writ returnable to a judicial district and any motion, pleading or appearance shall be filed with the clerk of the judicial district to which the writ is returnable as follows:

      (1) At the courthouse for the judicial district of Ansonia-Milford if returnable to the judicial district of Ansonia-Milford at Ansonia or Milford;

      (2) At Danbury if returnable to the judicial district of Danbury;

      (3) At Bridgeport if returnable to the judicial district of Fairfield;

      (4) At Hartford if returnable to the judicial district of Hartford;

      (5) At the courthouse for the judicial district of Litchfield if returnable to the judicial district of Litchfield;

      (6) At Middletown if returnable to the judicial district of Middlesex;

      (7) At New Britain if returnable to the judicial district of New Britain at New Britain or Bristol;

      (8) (A) At New Haven if returnable to the judicial district of New Haven at New Haven, (B) at Meriden if returnable to the judicial district of New Haven at Meriden;

      (9) (A) At New London if returnable to the judicial district of New London at New London, (B) at Norwich if returnable to the judicial district of New London at Norwich;

      (10) At Stamford if returnable to the judicial district of Stamford-Norwalk;

      (11) At Rockville if returnable to the judicial district of Tolland;

      (12) At Waterbury if returnable to the judicial district of Waterbury;

      (13) At Putnam if returnable to the judicial district of Windham at Putnam or Willimantic.

      (b) Small claims matters writs and any motion, appearance, pleading or other document shall be filed with the clerk at the court to which they are returnable.

      (1949 Rev., S. 7767; 1959, P.A. 28, S. 105; P.A. 73-603, S. 3; P.A. 74-183, S. 208, 291; P.A. 75-406, S. 9, 11; 75-530, S. 29, 35; 75-578, S. 3; P.A. 76-436, S. 663, 681; P.A. 77-411, S. 2, 6; 77-576, S. 6, 65; P.A. 78-280, S. 5, 98, 127; 78-379, S. 16, 27; P.A. 80-201, S. 8, 9; P.A. 82-248, S. 155; June Sp. Sess. P.A. 83-25, S. 7, 9; P.A. 85-414, S. 3, 5; P.A. 86-403, S. 83, 132; P.A. 88-230, S. 10, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4-6; P.A. 97-40, S. 13, 14, 18.)

      History: 1959 act deleted provisions re civil process returnable to a justice of the peace; P.A. 73-603 specified where writs returnable to superior or common pleas court and motions, pleadings or appearances to be filed; P.A. 74-183 specified that filing is to be in "facilities occupied by the superior court" and added exception re filing of small claims, support and summary process actions and of related pleadings and appearances, effective December 31, 1974; P.A. 75-406 included paternity actions in exception added by P.A. 74-183; P.A. 75-530 added exception re process in summary process actions in provision re return of process to superior court or court of common pleas; P.A. 75-578 clarified specifications re return of writs to add references to court locations of Meriden, Ansonia, Norwich and Windham; P.A. 76-436 amended provisions to reflect transfer of all trial jurisdiction to superior court, deleting references to supreme and common pleas courts, added provisions re filings for judicial districts of Ansonia-Milford and New Britain and added reference to causes where venue is in geographical areas and specified that no cause shall fail because of submission to session of improper venue, effective July 1, 1978; P.A. 77-411 added provision re filings at Bristol, effective July 1, 1978; P.A. 77-576 replaced counties with judicial districts generally, creating judicial district of Hartford-New Britain in place of Hartford county and judicial district of New Britain and creating judicial district of Danbury, and deleted provisions re small claims, support, paternity and summary process actions and other causes venue for which is in geographical areas and provision re submission to session of improper venue added by P.A. 76-436, effective July 1, 1978; Sec. 52-47 transferred to Sec. 51-347 in the 1977 Court Reorganization Supplement; P.A. 78-280 and P.A. 78-379 made technical changes necessary to effect change from counties to judicial districts; P.A. 80-201 added Subdiv. (12) re judicial district of Stamford-Norwalk and removed reference to Stamford in Subdiv. (3) accordingly; P.A. 82-248 added "to which the writ is returnable" after "judicial district" and alphabetized the list of towns; June Sp. Sess. P.A. 83-25 amended Subdiv. (7) by adding "at Meriden if returnable to the judicial district of New Haven at Meriden"; P.A. 85-414 revised Subdiv. (8) to provide that writ returnable to judicial district of New London at Norwich shall be filed at Norwich, effective December 2, 1985, upon certification of the chief court administrator that the courthouse in New London is operational; P.A. 86-403 revised effective date of P.A. 85-414 but without affecting this section; P.A. 88-230 added Subdiv. (7) to provide that a writ shall be filed at New Britain if returnable to the judicial district of New Britain at New Britain or Bristol and renumbered the remaining Subdivs. accordingly, and revised Subdiv. (4) to change reference to the judicial district of Hartford-New Britain to the judicial district of Hartford and delete provision re filing of writs at New Britain if returnable to the judicial district of Hartford-New Britain at New Britain or Bristol to reflect transfer of said towns to the new New Britain judicial district, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 97-40 designated existing provisions as Subsec. (a), amended Subsec. (a) by adding "Except as provided in subsection (b) of this section" and added new Subsec. (b) re filing of writs and other documents re small claims matters, effective September 1, 1997.

      See Sec. 51-347c re next business day as last day for filing when clerk's office closed.

      Annotations to former section 52-47:

      Return to clerk's office, sufficient. 2 D. 480. Failure to return makes the service a trespass ab initio. 25 C. 568. Includes writ of error. 85 C. 375. Return by indifferent person should be sworn to. 74 C. 728. Return is no part of pleadings, hence not demurrable; 81 C. 284; cannot be amended after judgment to confer jurisdiction. 85 C. 327. Return day cannot be changed after issuance, nor defect be amended. 74 C. 38; Id., 438, note. Return should show adequate service. 72 C. 430. Not applicable to motion to supreme court for order requiring trial court to make finding. 95 C. 691. Cited. 113 C. 79; 116 C. 31; 137 C. 300. By counter claiming for divorce defendant waived late return of writ and his plea in abatement was properly overruled. 157 C. 470.

      Cited. 8 CS 266. No authority in the clerk of the superior court to refuse to receive and enter a late return of process. A late return is voidable if attacked by the proper pleading. 15 CS 307. Provisions of the statute in respect to the return of process are mandatory. Id., 504. Where foreign attachment is made, process must be returned to court at least six days before return day. Motion to quash proper procedure to attack. 20 CS 294. Method of computing number of days discussed. 24 CS 314. Where return of process was not made at least six days before return day as required herein, proceeding was voidable, not void, and filing of general appearance by defendant constituted waiver of defect. 27 CS 126-128. Section nullified if motion to amend return day of writ under section 52-48 is allowed. 28 CS 489. Cited. 33 CS 701.