Connecticut Notice of Appeal
Connecticut files the appeal with the Appellate Clerk rather than the trial court, and is one of the few states where the trial judge may extend the deadline, by no more than 20 days and not where a statute sets it as a jurisdictional limit (Practice Book Sec. 66-1(a)).
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Introduction
In Connecticut, an appeal must be filed within 20 days of the date notice of the judgment or decision is given. If notice is given in open court, the 20 days begins that day; if notice is given only by mail or electronic delivery, the period begins the day the clerk of the trial court sends notice to counsel of record; in a civil jury case, the period begins when the verdict is accepted (Practice Book Sec. 63-1(a)-(b)). A motion filed within the appeal period that, if granted, would render the judgment, decision, or verdict ineffective creates a new 20-day period starting the day notice of the ruling on that motion is given. Practice Book Sec. 63-1(c)(1) lists, without limitation, motions to open or set aside the judgment, for a new trial, to set aside the verdict, for judgment notwithstanding the verdict, to reargue the judgment or decision, for collateral source reduction, additur, or remittitur, and any motion to alter the terms of the judgment. A motion for clarification or articulation, or a motion to reargue another such motion, does not create a new period. Unlike most states, Connecticut lets the trial judge extend the filing deadline by up to 20 additional days, unless the deadline is set by a statute the legislature intended as a limit on the court's subject-matter jurisdiction; the extension motion is filed with the trial court clerk (Practice Book Sec. 66-1(a)). The appeal itself is filed with the Appellate Clerk through Judicial Branch E-Services, not with the trial court clerk (Practice Book Sec. 63-3). Filing the appeal does not by itself stop enforcement; the stay comes from Practice Book Sec. 61-11(a), which, except where otherwise provided by statute or other law, automatically stays enforcement with no bond required until the appeal period expires and, if an appeal is timely filed, until the final determination of the cause. Excluded matters include attorney-discipline matters, most juvenile matters, most administrative appeals, and certain family or civil-protective-order matters (Sec. 61-11(b)-(c)); in those and other excluded cases, a party must seek a discretionary stay from the trial court (Sec. 61-12). There is no appeal from a small claims judgment in Connecticut; small claims judgments are final and conclusive except for a motion to open filed in the same small claims session (Practice Book Sec. 24-28; Sec. 24-31). An appeal reviews the trial court record for legal error; it is not a new trial. Criminal, administrative-agency, federal, and interlocutory appeals follow different procedures and are not covered here. Attorney review is available before you file.
Key Things to Know
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The appeal is due within 20 days of the date notice of the judgment or decision is given: that day if given in open court, or the day the trial court clerk sends notice to counsel of record if given only by mail or electronic delivery, or the day the verdict is accepted in a civil jury case (Practice Book Sec. 63-1(a)-(b)).
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A motion filed within the appeal period that, if granted, would render the judgment, decision, or verdict ineffective creates a new 20-day period from the day notice of the ruling on that motion is given, including motions to open or set aside the judgment, for a new trial, to set aside the verdict, for judgment notwithstanding the verdict, to reargue, for collateral source reduction, additur, or remittitur, or to alter the terms of the judgment; a motion for clarification or articulation does not (Practice Book Sec. 63-1(c)(1)).
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Unlike most states, the trial judge may extend the filing deadline by up to 20 additional days, unless the deadline is set by a statute the legislature intended as jurisdictional; the extension motion is filed with the trial court clerk, not the Appellate Clerk (Practice Book Sec. 66-1(a)).
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The appeal is filed with the Appellate Clerk through Judicial Branch E-Services, not with the trial court clerk. Filers exempt from e-filing mail or deliver the paper form and fee receipt to the Office of the Appellate Clerk in Hartford (Practice Book Sec. 63-3; Sec. 60-7; Sec. 60-8).
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The Judicial Branch's e-filing system generates the official Appeal form, JD-SC-33, directly from the filer's answers, and paper filers use the same JD-SC-33 form by hand; instructions are in form JD-SC-34. Within 10 days after filing, the appellant must also file a preliminary statement of the issues, a clerk appendix designation, a transcript certificate or order confirmation, and a docketing statement (Practice Book Sec. 63-3; Sec. 63-4(a)).
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A filing fee is charged to enter the appeal, and the appeal form must be accompanied by a receipt showing the fee was paid or proof of a fee waiver; confirm the current fee with the clerk. No cost bond is required to file, though the court may later order security for costs on motion, and an indigent party may apply to the trial court for a fee waiver (Practice Book Sec. 60-7; Sec. 60-9; Sec. 63-6).
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There is no appeal from a small claims judgment in Connecticut. Small claims judgments are final and conclusive except for a motion to open filed in the same small claims session, for lack of actual notice or, within four months of judgment, for other sufficient cause (Practice Book Sec. 24-28; Sec. 24-31).
Key decisions before you file
Before you file a Notice of Appeal in Connecticut, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.
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Connecticut Requirements for Notice of Appeal
20-Day Deadline From Notice of Judgment
An appeal must be filed within 20 days of the date notice of the judgment or decision is given, starting that day if given in open court, the day the clerk sends notice if given by mail or electronic delivery, or the day the verdict is accepted in a civil jury case (Practice Book Sec. 63-1(a)-(b)).
Tolling Motions Create a New 20-Day Period
A motion filed within the appeal period that, if granted, would render the judgment, decision, or verdict ineffective creates a new 20-day period from the day notice of the ruling on it is given; clarification, articulation, or reargument-of-another-such-motion filings do not (Practice Book Sec. 63-1(c)(1)).
Trial Judge May Extend the Deadline
The trial judge may extend the filing deadline by up to 20 additional days, unless the deadline is set by a statute the legislature intended as a jurisdictional limit; the extension motion is filed with the trial court clerk (Practice Book Sec. 66-1(a)).
Filed With the Appellate Clerk
The appeal is filed with the Appellate Clerk through Judicial Branch E-Services, not with the trial court clerk; filers exempt from e-filing mail or deliver the paper form to the Office of the Appellate Clerk (Practice Book Sec. 63-3; Sec. 60-7; Sec. 60-8).
JD-SC-33 Official Appeal Form
The e-filing system generates the official Appeal form, JD-SC-33, from the filer's answers with no free-text alternative; paper filers complete the same form by hand using the JD-SC-34 instructions.
Post-Filing Deadlines Within 10 Days
Within 10 days after filing, the appellant must also file a preliminary statement of the issues (JD-SC-038), a clerk appendix designation (JD-SC-039), a transcript certificate or order confirmation (JD-SC-040), and a docketing statement (JD-SC-041) (Practice Book Sec. 63-4(a)).
Automatic Stay of Enforcement
Except where otherwise provided by statute or other law, enforcement is automatically stayed with no bond required until the appeal period expires and, if an appeal is timely filed, until final determination; excluded matters include attorney-discipline, most juvenile, most administrative, and certain family or protective-order matters, where a discretionary stay must be sought (Practice Book Sec. 61-11; Sec. 61-12).
No Appeal From a Small Claims Judgment
Small claims judgments are final and conclusive; there is no appeal. Either party may instead file a motion to open in the same small claims session, for lack of actual notice or, within four months of judgment, for other sufficient cause (Practice Book Sec. 24-28; Sec. 24-31).
Filing Fee to Enter the Appeal
A filing fee is charged to enter the appeal, with a fee receipt or proof of waiver accompanying the appeal form; confirm the current fee with the clerk. No cost bond is required, and an indigent party may apply for a fee waiver (Practice Book Sec. 60-7; Sec. 60-9; Sec. 63-6).