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Connecticut
Process Serving Laws
(Rules of Civil Procedure in the
United States)
Quick Answers:
Who can be a process server in
Connecticut?
Any adult over the age of eighteen
(18) years old, that is not a party
to the case, or a member of a
corporation or organization that is
a party, may serve (deliver) the
papers.
Does Connecticut require process
servers to be licensed?
No.
Are there any day or time restrictions to
service of process in Connecticut?
No.
Connecticut Rules of Civil Procedure
are from
CivilProcedure.info
Federal Rules of Civil Procedure
site
Because the laws of process service
may change from time to time, please
check the
Connecticut Courts website for
updated rules of civil procedure in
Connecticut.
Rules of Civil
Procedure in Connecticut:
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.
Sec. 52-46a.
Return of
process.
Process in civil actions
returnable to the Supreme Court
shall be returned to its clerk
at
least twenty days before the return
day and, if returnable to the
Superior Court, except process in
summary process actions and
petitions for paternity and support,
to the clerk of such court at least
six days before the return day.
Sec. 52-48.
Return day of
process.
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
this 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. Cited. 165 C. 435, 438.
Cited. 165 C. 435, 440. Cited. 178
C. 472, 477. Cited. 227 C. 848, 851,
853. Cited. 229 C. 618, 620. Cited.
232 C. 392, 399. Cited. 233 C. 352,
354. Cited. 4 CA 209, 214. Cited. 27
CA 590, 594. Cited. 31 CA 793, 795;
judgment reversed, see 229 C. 618 et
seq. Cited. 32 CA 335, 339. Cited.
33 CA 6, 8. Remedy for failure to
return secondary process. 15 CS 307.
Appeal from probate is a civil
action within meaning of this
section. 18 CS 480. Amendment
allowed where writ for personal
injuries served within one year of
injury inadvertently designated a
return day less than twelve days
from date of service. 20 CS 160. To
allow motion to amend return day of
writ to an earlier date would
nullify sections
52-46
and 52-47. 28 CS 489, 492, 493.
Cited. 29 CS 519. Subsec. (a):
Cited. 40 CS 243. Subsec. (b):
Cited. 207 C. 547, 548, 554, 555.
Cited. 236 C. 330, 339, 340. Cited.
36 CA 635, 640; judgment reversed,
see 236 C. 330 et seq.
Sec. 52-50.
Persons to whom
process shall be directed.
- All process shall be
directed to a sheriff, his
deputy, a constable or other
proper officer authorized by
statute, or, subject to the
provisions of subsection (b) of
this section, to an indifferent
person. A direction on the
process "to any proper officer"
shall be sufficient to direct
the process to a sheriff, deputy
sheriff, constable or other
proper officer.
- Process shall not be
directed to an indifferent
person unless more defendants
than one are named in the
process and are described to
reside in different counties in
the state, or unless, in case of
a writ of attachment, the
plaintiff or one of the
plaintiffs, or his or their
agent or attorney, makes oath
before the authority signing the
writ that the affiant truly
believes the plaintiff is in
danger of losing his debt or
demand unless an indifferent
person is deputed for the
immediate service of the writ or
other
process.
The authority signing the writ
shall certify on the writ that
he administered the oath and
insert in the writ the name of
the person to whom it is
directed, but he need not insert
the reason for such direction.
Any process directed to an
indifferent person by reason of
such an affidavit shall be
abatable on proof that the party
making the affidavit did not
have reasonable grounds, at the
time of making it, for believing
the statements in the affidavit
to be true.
- Service of motions for
modification, motions for
contempt and wage withholdings
in any matter involving a
beneficiary of care or
assistance from the state and in
other IV-D child support cases
may be made by any investigator
employed by the Commissioner of
Administrative Services or the
Commissioner of Social Services.
- Service of motions for
modification, motions for
contempt and wage withholdings
in any matter involving child
support including, but not
limited to, petitions for
support authorized under
sections 17b-748 and 46b-215,
and those matters involving a
beneficiary of care or
assistance from the state may be
made by a support enforcement
officer or support services
investigator of the Superior
Court.
- Borough bailiffs may, within
their respective boroughs,
execute all legal process
which
sheriffs or constables may
execute.
Sec. 52-54.
Service of
summons.
The service of a writ of summons
shall be made by the officer reading
it and the complaint accompanying it
in the hearing of the defendant or
by leaving an attested copy thereof
with him or at his usual place of
abode. When service is made by
leaving an attested copy at the
defendant's usual place of abode,
the officer making service shall
note in his return the address at
which such attested copy was left.
Sec. 52-57.
Manner of service
upon individuals, municipalities,
corporations, partnerships and
voluntary associations.
- Except as otherwise
provided, process in any civil
action shall be served by
leaving a true and attested copy
of it, including the declaration
or complaint, with the
defendant, or at his usual place
of abode, in this state.
- Process in civil actions
against the following-described
classes of defendants shall be
served as follows:
- Against a town, upon its
clerk, assistant clerk,
manager or one of
its selectmen;
- against a city, upon its
clerk or assistant clerk or
upon its mayor or manager;
- against a borough, upon
its manager, clerk or
assistant clerk or upon the
warden or one of its
burgesses;
- against a school
district, upon its clerk or
one of its committee; and
- against other municipal
or quasi-municipal
corporations, upon its clerk
or upon its chief presiding
officer or managing agent.
- In actions against a private
corporation, service of process
shall be made either upon the
president, the vice president,
an assistant vice president, the
secretary, the assistant
secretary, the treasurer, the
assistant treasurer, the
cashier, the assistant cashier,
the teller or the assistant
teller or its general or
managing agent or manager or
upon any director resident in
this state, or the person in
charge of the business of the
corporation or upon any person
who is at the time of service in
charge of the office of the
corporation in the town in which
its principal office or place of
business is located. In actions
against a private corporation
established under the laws of
any other state, any foreign
country or the United States,
service of process may be made
upon any of the aforesaid
officers or agents, or upon the
agent of the corporation
appointed pursuant to section
33-922.
- In actions against a
partnership, service of process
may be made by personally
serving any process within the
state upon any one of the
partners or, if none of the
partners are residents of the
state, service may be made upon
the Secretary of the State;
provided, prior to the return
date, the officer serving the
writ shall mail a copy of the
writ and the complaint by
registered or certified mail,
return receipt requested, to the
last-known address of every
partner named in the writ not
personally served. A statement
of such mailing and receipt
therefor shall be included in
the officer's return.
- In actions against a
voluntary association, service
of process may be made upon the
presiding officer, secretary or
treasurer. If all of such
officers are not residents of
the state and the voluntary
association is doing business,
acting or carrying out its
operations or its functions
within the state, the voluntary
association shall be deemed to
have appointed the Secretary of
the State as its attorney and to
have agreed
that
any process in any civil action
brought against it may be served
upon the secretary of the state
and that the process shall have
the same validity as if served
personally upon the presiding
officer, secretary or treasurer
of the voluntary association.
The process shall be served by
any officer to whom the process
is directed upon the Secretary
of the State by leaving with, or
at the office of, the secretary
of the state, at least twelve
days before the return day of
the process, a true and attested
copy thereof, and by sending to
the defendant at its last-known
address by registered or
certified mail, postage prepaid,
a like true and attested copy
with an endorsement thereon of
the service upon the Secretary
of the State. The officer
serving the process upon the
secretary of the state shall
leave with the Secretary of the
State, at the time of service, a
fee of twenty-five dollars,
which fee shall be taxed in
favor of the plaintiff in his
costs if he prevails in the
action. The Secretary of the
State shall keep a record of
each such process and the day
and hour of service.
- When the other methods of
service of process provided
under this section or otherwise
provided by law cannot be
effected, in actions concerning
the establishment, enforcement
or modification of child support
orders other than actions for
dissolution of marriage,
including, but not limited to,
such actions under sections
17b-19, 17b-63 to 17b-65,
inclusive, 17b-115 to 17b-138,
inclusive, 17b-220 to 17b-250,
inclusive, 17b-256, 17b-259,
17b-263, 17b-287, 17b-340 to
17b-350, inclusive, 17b-689 to
17b-693, inclusive, and 17b-743
to 17b-747, inclusive, and
chapters 815, 815o, 815t, 815y
and 816, and actions to
implement garnishments for
support under section 52-362,
service of process may be made
upon a party to the action by
one of the following methods,
provided proof of receipt of
such process by such party is
presented to the court in
accordance with rules
promulgated by the judges of the
Superior Court:
- By certified mail to a
party to the action
addressed to the employer of
such party. Any service of
process so sent shall
include on the outside
envelope the words "To be
delivered to the employee in
accordance with subsection
(f) of section 52-57". The
employer shall accept any
such service of process sent
by certified mail and
promptly deliver such
certified mail to the
employee; or
- When a party to an
action under this subsection
is employed by an employer
with fifteen or more
employees, by personal
service upon an official of
the employer designated as
an agent to accept service
of process in actions
brought under this
subsection. Every employer
with fifteen or more
employees
doing business in this state
shall designate an official
to accept service of process
for employees who are
parties to such actions. The
person so served shall
promptly deliver such
process to the employee.
Sec. 52-57a.
Service of
process without state upon persons
domiciled or subject to jurisdiction
of courts in state.
A person domiciled in or subject
to the jurisdiction of the courts of
this state or his executor or
administrator, may be served with
process without the state, in the
same manner as service is made
within the state, by any person
authorized to make service by the
laws of the state, territory,
possession or country in which
service is to be made or by any duly
qualified attorney, solicitor,
barrister or equivalent in such
jurisdiction.
Sec. 52-59b.
Jurisdiction of
courts over nonresidents and foreign
partnerships. Service of process.
- As to a cause of action
arising from any of the acts
enumerated in this section, a
court may exercise personal
jurisdiction over any
nonresident individual, or
foreign partnership, or his or
its executor or administrator,
who in person or through an
agent:
- Transacts any business
within the state; or
- commits a tortious act
within the state, except as
to a cause of action
for defamation of character
arising from the act; or
- commits a tortious act
outside the state causing
injury to person or property
within the state, except as
to a cause of action for
defamation of character
arising from the act, if he
- regularly does or
solicits business, or
engages in any other
persistent course of
conduct, or derives
substantial revenue from
goods used or consumed
or services rendered, in
the state, or
- expects or should
reasonably expect the
act to have consequences
in the state and derives
substantial revenue from
interstate or
international commerce;
or
- owns, uses or possesses any
real property situated within
the state.
- Where personal
jurisdiction is based solely
upon this section, an
appearance does not confer
personal jurisdiction with
respect to causes of action
not arising from an act
enumerated in this section.
- Any nonresident
individual, or foreign
partnership, or his or its
executor or administrator,
over whom a court may
exercise personal
jurisdiction, as provided in
subsection (a), shall be
deemed to have appointed the
Secretary of the State as
its attorney and to have
agreed that any process in
any civil action brought
against the nonresident
individual or foreign
partnership, or his or its
executor or administrator,
may be served upon the
Secretary of the State and
shall have the same validity
as if served upon the
nonresident individual or
foreign partnership
personally. The process
shall be served by the
officer to whom the same is
directed upon the secretary
by leaving with or at the
office of the secretary, at
least twelve days before the
return day of such process,
a true and attested copy
thereof, and by sending to
the defendant at his
last-known address, by
registered or certified
mail, postage prepaid, a
like true and attested copy
with an endorsement thereon
of the service upon the
secretary. The officer
serving such process upon
the secretary shall leave
with the secretary, at the
time of service, a fee of
twenty-five dollars, which
fee
shall be taxed in favor of
the plaintiff in his costs
if he prevails in any such
action. The Secretary of the
State shall keep a record of
each such process and the
day and hour of service.
Sec. 52-59c.
Service upon
nonresident attaching creditor.
In any action brought to
foreclose a mortgage or judgment,
tax or mechanic's lien, the attorney
of record for any nonresident
attaching creditor, nonresident
judgment lienor or nonresident
mortgagee who has commenced a
foreclosure action on such mortgage
shall be the agent for service of
process upon the creditor in the
foreclosure and further service
shall not be required. Service of
process shall be made by the officer
to whom the process is directed upon
the attorney by leaving with or at
the office of the attorney, at least
twelve days before the return day of
the process, a true and attested
copy thereof, and by sending
to
the defendant at his last-known
address, by registered or certified
mail, postage prepaid, a like true
and attested copy, with an
endorsement thereon of the service
upon the attorney.
Sec. 52-59d.
Service of
process outside country to be in
accordance with treaty or convention
or court order.
- Notwithstanding any
provision of the general
statutes relating to service of
process, civil process shall not
be served outside of the United
States of America in violation
of any applicable treaty or
convention, including without
limitation, the Hague Convention
on Service of Process Abroad.
- If service of process cannot
be made under the applicable
treaty or convention within
sixty days, the Superior Court
may, upon application, order
service of process
upon
such terms as the court deems
reasonably calculated to give
the defendant actual notice of
the proceedings in sufficient
time to enable the defendant to
defend.
Sec. 52-60.
Judge of probate
attorney for nonresident fiduciary.
- No appointment of a
nonresident of this state as an
executor, administrator,
conservator, guardian or trustee
may take effect until the person
so appointed has filed in the
court of probate making the
appointment a certificate,
acknowledged before an officer
authorized to take
acknowledgments of deeds,
appointing the judge of the
court of probate and the judge's
successors in office to be his
attorney upon whom all process
in any action or proceeding
described in section 52-61 and
in any garnishment of the estate
in the possession of the
executor, administrator,
conservator, guardian or trustee
may be served.
- Such person shall agree in
the certificate that any such
process which is served on the
judge of probate shall be of the
same force and validity as if
served on himself, subject to
the applicable provisions of
sections 52-87 and 52-88, and
that the appointment of the
judge of probate to be his
attorney shall continue in force
as long as any liability remains
outstanding against him as a
fiduciary and as long as he has
any estate in his possession as
a fiduciary.
- Copies of the certificate of
appointment, certified by the
judge or the clerk of the court
of probate, shall be sufficient
evidence of appointment and
agreement.
- Service upon the judge of
probate as attorney for the
nonresident fiduciary shall be
sufficient service upon the
nonresident fiduciary, and shall
be made by leaving an attested
copy of the process with such
judge of probate, who shall
forthwith give
notice
thereof to such executor,
administrator, conservator,
guardian or trustee.
- The judge of probate shall
keep a record of all process
served upon him which shall show
the day and hour when service
was made.
Sec. 52-61.
Service upon
nonresident fiduciaries.
Process in civil actions against
a nonresident executor,
administrator, conservator, guardian
or trustee, in his representative
capacity, or in his individual
capacity in any action founded upon
or arising from his acts or
omissions as such executor,
administrator, conservator, guardian
or trustee, may be served by leaving
a true and attested copy thereof
with the judge of probate in the
district where the estate is in
settlement; and such judge shall
forthwith give notice thereof to
such executor, administrator,
conservator, guardian or trustee.
Sec. 52-62.
Service upon
nonresident in action for negligent
operation of motor vehicle.
- Any nonresident of this
state who causes a motor vehicle
to be used or operated upon any
public highway or elsewhere in
this state shall be deemed to
have appointed the Commissioner
of Motor Vehicles as his
attorney and to have agreed that
any process in any civil action
brought against him on account
of any claim for damages
resulting from the alleged
negligence of the nonresident or
his agent or servant in the use
or operation of any motor
vehicle upon any public highway
or elsewhere in this state may
be served upon the commissioner
and shall have the same validity
as if served upon the
nonresident personally.
- The death of such a
nonresident, whether before or
after the commencement of
a
civil action, shall not operate
to revoke the appointment by the
nonresident of the Commissioner
of Motor Vehicles as his
attorney for service of process.
If the process is served upon
the Commissioner of Motor
Vehicles and a true and attested
copy thereof is sent to the
administrator, executor or other
legal representative of the
deceased nonresident in
accordance with the provisions
of this section, the service
shall have the same validity as
if made upon the administrator,
executor or legal representative
personally.
- Process in such a civil
action against a nonresident
shall be served by the officer
to whom the process is directed
upon the Commissioner of Motor
Vehicles by leaving with or at
the office of the commissioner,
at least twelve days before the
return day of the process, a
true and attested copy thereof,
and by sending to the defendant
or his administrator, executor
or other legal representative,
by registered or certified mail,
postage prepaid, a like true and
attested copy, with an
endorsement thereon of the
service upon the commissioner,
addressed to the defendant or
representative at his last-known
address. The officer serving the
process upon the Commissioner of
Motor Vehicles shall leave with
the commissioner, at the time of
service, a fee of five dollars,
which fee shall be taxed in
favor of the plaintiff in his
costs if he prevails in the
action. The Commissioner of
Motor Vehicles shall keep a
record of each such process and
the day and hour of service.
- For the purposes of this
section, the term "nonresident"
includes a person
who
is a resident of this state at
the time a cause of action
arises and who subsequently
moves to another jurisdiction.
Sec. 52-63.
Service upon
motor vehicle operator or owner not
found at his recorded address.
- Any operator or owner of a
motor vehicle at the time of
issuance of his license or
registration shall be deemed to
have appointed the Commissioner
of Motor Vehicles as his
attorney and to have agreed that
any process in any civil action
against him on account of any
claim for damages resulting from
his alleged negligence or the
alleged negligence of his
servant or agent in the
operation of any motor vehicle
in this state may be served upon
the commissioner as provided in
this section and shall have the
same validity as if served upon
the owner or operator
personally, even though the
person sought to be served has
left the state prior to
commencement of the action or
his present whereabouts is
unknown.
- Service of civil process may
be made on a motor vehicle
operator licensed under the
provisions of chapter 246 by
leaving a true and attested copy
of the writ, summons and
complaint at the office of the
Commissioner of Motor Vehicles
at least twelve days before the
return day and by sending such a
true and attested copy at least
twelve days before the return
day, by registered or certified
mail, postage prepaid and return
receipt requested, to the
defendant at his last address on
file in the Department
of
Motor Vehicles if (1) it is
impossible to make service of
process at the operator's last
address on file in the
Department of Motor Vehicles,
and (2) the operator has caused
injury to the person or property
of another.
- Service of civil process may
be made on the owner of a motor
vehicle registered under the
provisions of chapter 246 by
leaving a true and attested copy
of the writ, summons and
complaint at the office of the
Commissioner of Motor Vehicles
at least twelve days before the
return day and by sending such a
true and attested copy at least
twelve days before the return
day, by registered or certified
mail, postage prepaid and return
receipt requested, to the
defendant at his last address on
file in the Department of Motor
Vehicles if (1) it is impossible
to make service of process at
the owner's last address on file
in the Department of Motor
Vehicles, (2) the owner has
loaned or permitted his motor
vehicle to be driven by another,
and (3) the motor vehicle has
caused injury to the person or
property of another.
- If service of process is
made at the office of the
Commissioner of Motor Vehicles
pursuant to subsection (b) or
subsection (c) of this section,
the officer making such service
shall certify on the process
that he has made a diligent
effort to obtain service at the
address of the owner or operator
on file in the Department of
Motor Vehicles and has been
unable to make such service.
- Service of process pursuant
to this section shall be
sufficient to confer
jurisdiction of any such action
upon the court to which the
process is returnable. The court
may proceed to determine the
issues in the action and render
final judgment but the court
may, in its discretion, require
further order of notice to the
operator or owner.
- The officer serving such
process upon the Commissioner of
Motor Vehicles shall
leave
with the commissioner, at the
time of service, a fee of five
dollars, which fee shall be
taxed in favor of the plaintiff
in his costs if he prevails in
the action. The Commissioner of
Motor Vehicles shall keep a
record of each such process and
the day and hour of service.
Sec. 52-143.
Subpoenas for
witnesses. Penalty for failure to
appear and testify.
- Subpoenas for witnesses
shall be signed by the clerk of
the court or a commissioner of
the Superior Court and shall be
served by an officer,
indifferent person or, in any
criminal case in which a
defendant is represented by a
public defender or special
public defender, by an
investigator of the Division of
Public Defender Services. The
subpoena shall be served not
less than eighteen hours prior
to the time designated for the
person summoned to appear,
unless the court orders
otherwise.
- Any subpoena summoning a
police officer as a witness may
be served upon the chief of
police or any person designated
by the chief of police at the
appropriate police station who
shall act as the agent of the
police officer named in the
subpoena.
Service
upon the agent shall be deemed
to be service upon the police
officer.
- Any subpoena summoning a
correctional officer as a
witness may be served upon a
person designated by the
Commissioner of Correction at
the correctional facility where
the correctional officer is
assigned who shall act as the
agent of the correctional
officer named in the subpoena.
Service upon the agent shall be
deemed to be service upon the
correctional officer.
- Subpoenas for witnesses
summoned by the state, including
those issued by the Attorney
General or an assistant attorney
general, or by any public
defender or assistant public
defender acting in his official
capacity may contain this
statement: "Notice to the person
summoned: Your statutory fees as
witness will be paid by the
clerk of the court where you are
summoned to appear, if you give
the clerk this subpoena on the
day you appear. If you do not
appear in court on the day and
at the time stated, or on the
day and at the time to which
your appearance may have been
postponed or continued by order
of an officer of the court, the
court may order that you be
arrested."
- If any person summoned by
the state, or by the Attorney
General or an assistant attorney
general, or by any public
defender or assistant public
defender acting in his official
capacity, by a subpoena
containing the statement as
provided in subsection (d), or
if any other person upon whom a
subpoena is served to appear and
testify in a cause pending
before any court and to whom one
day's attendance and fees for
traveling to court have been
tendered, fails to appear and
testify, without reasonable
excuse, he shall be fined not
more than twenty-five dollars
and pay all damages to the party
aggrieved; and the court or
judge, on proof of the service
of a subpoena containing the
statement as provided in
subsection (d), or on proof of
the service of a subpoena and
the tender of such fees, may
issue a capias directed to some
proper officer to arrest the
witness and bring him before the
court to testify.
The form of a subpoena may be as
follows: To A. B. and C. D. of
....:
By authority of the state of
Connecticut, you are hereby
commanded to appear before the
.... court, to be held at ....
on the .... day of .... or to
such day thereafter and within
sixty days hereof on which the
action is legally to be tried,
to testify what
you know in a certain civil
action pending in the court,
between E. F. of H., plaintiff,
and G. A. of M., defendant.
Hereof fail not, under penalty
of the law. To any proper
officer or indifferent person to
serve and return. Dated at H.,
etc. J. K., (title of officer
authorized to sign subpoena).
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