Sec. 52-46. Time for service. - Connecticut Statutes

      Sec. 52-46. Time for service. 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.

      See note to Sec. 52-48.

      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 the 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. Cited. 133 C. 719. Cited. 134 C. 604. Cited. 137 C. 300. Cited. 153 C. 131 (fn2). Cited. 192 C. 1. Cited. 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 section 52-48 is allowed. 28 CS 489. Cited. 29 CS 519. Cited. 44 CS 39.