CT Civil Procedure

Court of general jurisdiction, can hear any sort of case

• General jurisdiction - means you can sue on any claim regardless of whether the claim involves Connecticut
• Specific jurisdiction -- Defendant is a non-resident who performed some act in CT AND claim is based on his activity in CT

You can sue on any claim regardless of whether the claim involves Connecticut.

• Defendant is a non-resident who performed some act in CT
• Claim is based on his activity in CT

• Presence - you serve them with process while in CT
• Domicile - leads to general personal jurisdiction

• Plaintiff's cause of action arises out of nonresident's Connecticut activity, such as:
• Transaction of business in CT
• Tortuous act in CT
• Tortuous act outside the state causing injury within CT, AND defendant regularly does or solicits business, or derives substantial revenue from goods used or consumed or services rendered in CT; OR defendant expects or reasonably should expect tortuous act to have consequences in CT and derives substantial revenue from interstate or international commerce
• Ownership, use, or possession of real property in CT

• Incorporated in Connecticut
• Foreign corporation licensed to do business in Connecticut
• Foreign corporation transacting business in Connecticut without authorization (subject to suit on any cause of action arising out of such business)

Yes, such corporations are subject to suit on any cause of action arising out of such unauthorized business in Connecticut.

Yes, through contract forum selection clauses.

Discretionary ground for dismissal.  Defendant agrees court has jurisdiction but that the case would be better adjudicated elsewhere.

• 1) Evidence
• 2) Witnesses
• 3) Events occured

• Writ of summons
• Complaint

• Signature by attorney for plaintiff as "commissioner of Superior Court," or by judge or clerk of court
• Identification of parties
• Specification of court
• Direction to officer for service
• Return date

• Just a made-up date that other things are measured against
• Service of process must be made at least 12 days before return date
• Process must be filed with court at least 6 days before return date
• Defendant must file appearance no later than 2 days after return date

At least 12 days before return date.

At least 12 days after service of process.

At least 6 days before the return date.

No later than 2 days after return date.

Method must be reasonably calculated to give defendant fair notice of pendency of action so as to provide opportunity to be heard.

• In-person delivery, or
• Someone at his usual place of abode

In-hand delivery to any member of the partnership.

Use Connecticut method and out-of-state process server.

• Deliver one to CT Secretary of State
• Mail second copy to defendant by registered or certified mail at defendant's out-of-state residence

• In-hand delivery to officer, director, managing agent, or person in charge of office at principal place of business
• CT corporation or foreign corporation authorized to transact business in CT -- can serve Secretary of State (optional)
• Unauthorized foreign corporation over whom long-arm jurisdiction is available -- send by registered or certified mail, return receipt requested, to corporation's principal office

• Plaintiff or defendant reside in CT -- any judicial district in which either resides
• All parties out of CT -- district where transaction or injury occured
• Actions involving land -- district where land is located
• Transfer of venue -- court will transfer to proper district either on motion or unilaterally

Any judicial district in which either resides.

District where the transaction or injury occured.

District where the land is located.

Court will transfer to proper district either on motion or unilaterally.

• Signed by attorneys representing party
• Proper service
• Proper filing

• Plaintiff's Complaint
• Defendant's Motion to Dismiss
• Defendant's Request to Revise the Complaint
• Defendant's Motion to Strike the Complaint
• Defendant's Answer to the Complaint
• Plaintiff's Request to Revise the Defendant's Answer
• Plaintiff's Motion to Strike the Defendant's Answer
• Plaintiff's Reply to the Defendant's Answer

Must allege all relevant facts and all necessary elements of the cause of action.

• Lack of subject matter jurisdiction - a loser
• No personal jurisdiction
• Insufficient process - writ of summons was wrong
• Improper service of process
• Improper venue - instead of dismisisng will be transferred to venue that is appropriate

Yes, but instead of dismissing, the case will be transferred to a venue that is appropriate.

Yes, to clarify the allegations of the complaint or to delete scandalous or unnecessarily prejudicial allegations.

• Legal insufficiency (failure to state a cause of action)
• Failure to join a necessary party

• Denials (joinder of issue)
• Speical defenses -- defense that depends on facts not alleged by the plaintiff
• Counterclaims against the plaintiff (needs service of process)
• Cross-claims against co-defendants (needs service of process)

• As to special defenses: must file Reply denying allegations of special defense
• Must file "Answer to Counterclaim"
• NOTE: Failure to file either is considered an admission

Failure to follow chronological sequence of pleadings constitutes waiver of right to file any pleading that was omitted in an earlier part of the response.

Within 30 days from the defendant's appearance.

Thereafter, each pleading is to be filed within 15 days from the prior filing unless a judicial ruling is necessary with respect to the prior filing.

After the defendant's first response (which is due within 30 days from the defendant's appearance), each pleading is to be filed within 15 days from the prior filing unless a judicial ruling is necessary with respect to the prior filing.

Nonsuit or default.

If the claim arises from the same transaction and occurrence and there is a common issue of law or fact.

If the defendants share an adverse interest toward plaintiff.

Person who shouldn't be a party hasn't been joined.

Substance - Defendant may implead, as a third-party defendant, any person who may be liable in whole or in part to defendant for damages defendant may have to pay plaintiff.

• Procedure:
• 1) Motion by defendant
• 2) Exercuse of discretion by the court
• 3) Plaintiff may, within 20 days, assert a direct claim against the third-party defendant provided the claim airses out of the same transaction asserted by plaintiff in the main action

Any person wh omay be liable in whole or in part to the defendant for damages the defendant may hve to pay the plaintiff.

• Motion by defendant
• Exercise of discretion by the court
• Plaintiff may, within 20 days, assert a direct claim against the third-party defendant provided the claim airses out of the same trnasaction asserted by the plaintiff in the main action

Any non-privileged information relevant to case and which might reasonably lead to evidence.

• Other party may demand identity of experts intended to be called at trial as well as the substance of their opinions
• Then depositions may be taken of the experts
• Regardless of the presence of an interrogatory, each party, a reasonable time before trial, must disclose information about expert witnesses who will testify at trial

A reasonable time before trial, regardless of the presence of an interrogatory.

No disclosure is required of a mere consulting expert except upon showing of extraordinary circumstances.

• Interrogatories
• Request for production of documents or things
• Request for physical or mental examination
• Request for admissions

No, these are discovery devices that you can only serve on the opposing party.

Serve notice on all parties to action.

Serve subpoena on non-party and give notice to all parties to action.

Yes, subpoena ducas tecum.

Used to demand production of documents.

• Deponent is adverse party
• Adverse party's officer, director, or managing agent or an employee who was designed by party to testify at deposition
• Depondent is unavailable because of death, illness, out of state or otherwise unobtainable by subpoena
• Depondent is located more than 30 miles from courthouse
• Deponent is a health care provider
• And you can ALWAYS use for contradiction and impeachment

• Substantive purposes (in lieu of live testimony under certain circumstances)
• Contradiction
• Impeachment