Connecticut Motion for Summary Judgment
Connecticut counts the summary judgment response period forward from the date the motion is filed, not backward from a hearing: the adverse party has 45 days to respond, and the moving party cannot even claim the motion to short calendar until that same 45 days has passed.
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Introduction
Connecticut has no summary judgment statute; the entire procedure is governed by the Practice Book, the Superior Court's own rules adopted by the judges, at Chapter 17 (Practice Book Sections 17-44 through 17-51). A party may move for summary judgment as to any cause of action or defense as a matter of right at any time if no scheduling order exists and the case has not been assigned for trial (Practice Book Section 17-44). If a scheduling order has been entered, the motion must be filed by the deadline that order sets, and if no scheduling order exists but the case has already been assigned for trial, the movant must first obtain the judicial authority's permission to file. There is no statewide, fixed number of days before trial by which the motion must be filed; the filing deadline is set case by case. Once the motion is filed, the clock runs forward rather than backward from a hearing: the adverse party must file and serve a response, including opposing affidavits and other available documentary evidence, within 45 days of the filing of the motion, unless the judicial authority orders otherwise (Practice Book Section 17-45(b)). The moving party is barred from even claiming the motion to the short calendar, which triggers scheduling of oral argument, until that same 45 days has elapsed (Practice Book Section 17-45(c)). The Practice Book does not specify whether these 45-day periods run in calendar days or court days. If a party chooses to file a reply memorandum of law responding to the opposition, it is optional, and if filed is due within 14 days of the filing of the responsive memorandum (Practice Book Section 11-10(b)); the Practice Book likewise does not specify whether this 14-day period runs in calendar days or court days. Oral argument on a summary judgment motion is a matter of right, not merely discretionary as with most other Connecticut motions, provided the movant marks the motion ready on the short calendar on which it appears (Practice Book Sections 17-45(c), 11-18(a)). The court must render judgment if the pleadings, affidavits, and any other proof submitted show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (Practice Book Section 17-49). Practice Book Section 17-44 was amended effective January 1, 2025, adding a sentence providing that the pendency of a summary judgment motion delays trial only at the discretion of the trial judge, and changing the word 'claim' to 'cause of action.' Practice Book Section 17-45 was amended effective January 1, 2022, replacing the prior rule, which required opposing affidavits at least five days before the short calendar date, with the current 45-day-from-filing response and short-calendar scheme. The moving party must support the motion with appropriate documents, including affidavits, certified transcripts of testimony under oath, disclosures, written admissions, and other supporting documents (Practice Book Section 17-45(a)), and a memorandum of law in support is mandatory for the movant (Practice Book Section 11-10(a)). Affidavits must be made on personal knowledge, set forth facts that would be admissible in evidence, and show the affiant is competent to testify to the matters stated, with sworn or certified copies of referenced papers attached (Practice Book Section 17-46). Connecticut has no requirement for a separate statement of undisputed material facts; the supporting documents and affidavits are filed directly with the motion. An opposing memorandum of law is optional for the adverse party and may be filed up to the short calendar date (Practice Book Section 11-10(a)). Connecticut allows two forms of partial summary judgment: an interlocutory summary judgment on liability alone, with damages tried separately before a judge trial referee, the court, or a jury (Practice Book Section 17-50); and final judgment for so much of a claim as the defense does not apply to, or as is admitted, with the action severed to proceed on the remainder (Practice Book Section 17-51). There is no separate no-evidence motion in Connecticut. This page covers a civil motion for summary judgment in Connecticut Superior Court. If you want to file a motion to dismiss, see DocDraft's motion to dismiss page; if you are trying to undo a default judgment, see DocDraft's motion to set aside a default; and a federal civil case follows Federal Rule of Civil Procedure 56, not this Practice Book rule, and is outside the scope of this page. Summary judgment is technical and is often lost on procedure rather than the merits, and a motion is not automatically granted just because the adverse party fails to respond; judgment is rendered only if the pleadings, affidavits, and any other proof submitted show no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law (Practice Book Section 17-49). Attorney review is available before you file or respond.
Key Things to Know
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Connecticut's summary judgment clock runs forward from filing, not backward from a hearing: the adverse party must respond within 45 days of the motion's filing, and the movant cannot claim the motion to short calendar until that same 45 days has passed (Practice Book Sections 17-45(b), 17-45(c)). The Practice Book does not specify whether these periods run in calendar days or court days.
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If you were served with a Connecticut motion for summary judgment, your 45-day response deadline is counted from the date the motion was filed, not from a hearing or short calendar date; do not wait for a hearing notice to calculate your deadline. The Practice Book does not specify whether the 45 days are calendar days or court days.
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A Connecticut motion for summary judgment is not automatically granted just because the adverse party fails to respond; under Practice Book Section 17-49, judgment is rendered only if the pleadings, affidavits, and any other proof submitted show no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.
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Practice Book Section 17-45 was amended effective January 1, 2022, replacing the prior rule requiring opposing affidavits at least five days before the short calendar date with the current 45-day-from-filing response scheme; Section 17-44 was amended effective January 1, 2025 to address trial delay and to change 'claim' to 'cause of action.'
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The moving party must file supporting affidavits, certified transcripts, disclosures, or other documentary proof with the motion, and a memorandum of law is mandatory for the movant; Connecticut has no requirement for a separate statement of undisputed material facts (Practice Book Sections 17-45(a), 17-46, 11-10(a)).
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Oral argument on a Connecticut summary judgment motion is a matter of right, not merely discretionary as with most other motions, as long as the movant marks the motion ready on the short calendar on which it appears (Practice Book Sections 17-45(c), 11-18(a)). Connecticut also allows partial summary judgment on liability alone under Section 17-50, or for so much of a claim as the defense does not apply to, or as is admitted, under Section 17-51.
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This page covers only a Connecticut state-court motion for summary judgment. To file a motion to dismiss, see DocDraft's motion to dismiss page; to undo a default judgment, see DocDraft's motion to set aside a default; a federal civil case follows Federal Rule of Civil Procedure 56 and is outside the scope of this page.
Key decisions before you file
Before you file a Motion for Summary Judgment in Connecticut, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Connecticut Requirements for Motion for Summary Judgment
45-Day Response Deadline Runs From Filing
The adverse party must file and serve a response to a motion for summary judgment, including opposing affidavits and other available documentary evidence, within 45 days of the filing of the motion, unless the judicial authority orders otherwise (Practice Book Section 17-45(b)). The rule does not specify calendar days or court days.
45-Day Bar on Claiming the Motion to Short Calendar
The moving party may not claim a motion for summary judgment to the short calendar, which triggers scheduling of oral argument, less than 45 days after the motion was filed (Practice Book Section 17-45(c)). The rule does not specify calendar days or court days.
No Statewide Filing Cutoff Before Trial
A party may move for summary judgment as a matter of right at any time if no scheduling order exists and the case has not been assigned for trial; once a scheduling order is entered, the motion must be filed by its deadline, and once the case is assigned for trial without a scheduling order, the movant needs the judicial authority's permission to file (Practice Book Section 17-44).
Optional Reply Memorandum Due Within 14 Days
A reply memorandum of law responding to the adverse party's opposition is not required, but if filed must be strictly confined to matters raised in the responsive memorandum and filed within 14 days of the filing of that memorandum (Practice Book Section 11-10(b)). The rule does not specify calendar days or court days.
Oral Argument Is a Matter of Right
Oral argument on a motion for summary judgment is a matter of right, not discretionary as with most other Connecticut motions, provided the moving party marks the motion ready on the short calendar on which it appears (Practice Book Sections 17-45(c), 11-18(a)).
Mandatory Memorandum of Law for the Movant
The moving party must file a memorandum of law in support of a motion for summary judgment; this is mandatory, unlike the adverse party's opposing memorandum, which is optional (Practice Book Section 11-10(a)).
No Statewide Separate Statement of Undisputed Facts
Connecticut's Practice Book does not require a standalone separate statement of undisputed material facts; the moving party supports the motion directly with affidavits and other documents filed with it (Practice Book Section 17-45(a)).
Affidavit Form Requirements
Supporting and opposing affidavits must be made on personal knowledge, set forth facts that would be admissible in evidence, and show the affiant is competent to testify to the matters stated, with sworn or certified copies of referenced papers attached (Practice Book Section 17-46).
Two Forms of Partial Summary Judgment
Practice Book Section 17-50 allows an interlocutory summary judgment on liability alone, with damages tried separately, and Section 17-51 allows final judgment for so much of a claim as the defense does not apply to, or as is admitted, with the action severed to proceed on the remainder.