Sec. 52-45a. (Formerly Sec. 52-89). Commencement of civil actions. Contents and signature of process.
Sec. 52-45a. (Formerly Sec. 52-89). Commencement of civil actions. Contents
and signature of process. Civil actions shall be commenced by legal process consisting
of a writ of summons or attachment, describing the parties, the court to which it is
returnable, the return day, the date and place for the filing of an appearance and information required by the Office of the Chief Court Administrator. The writ shall be accompanied by the plaintiff's complaint. The writ may run into any judicial district and shall
be signed by a commissioner of the Superior Court or a judge or clerk of the court to
which it is returnable.
(1949 Rev., S. 7811; 1959, P.A. 28, S. 107; 1969, P.A. 520, S. 2; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 7; P.A. 98-13, S. 2.)
History: 1959 act deleted provision for writs returnable before a justice of the peace; 1969 act substituted "the return
day and the date and time for the filing of an appearance" for "and the time and place of appearance"; P.A. 78-280 substituted
"judicial district" for "county"; P.A. 82-160 replaced "mesne process in civil actions shall be" with "civil actions shall be
commenced by legal process consisting of"; Sec. 52-89 transferred to Sec. 52-45a in 1983; P.A. 98-13 added "information
required by Office of Chief Court Administrator".
See Sec. 52-48 re return day for process in civil action.
Annotations to former section 52-89:
The residence of the parties must be stated; 9 C. 480; and in justice writs, the hour for appearance. 16 C. 44. Writs must
be brought to the next term of court before which there is time to serve them. 1 R. 315. May be brought to adjourned term.
10 C. 488. A writ in favor of a town may be signed by a magistrate who is one of its inhabitants. 1 R. 175. Established
practice allows one hour of grace to parties in appearing in actions brought before justices of the peace; but this limit is
not inflexible. 44 C. 273. A magistrate cannot sign process in his own case nor in favor of the firm of which he is a member.
47 C. 316; overruled, see 222 C. 541 et seq. (See also 60 C. 426.) Id., 575. Petitions under the flowage act are to be served
by citation. 49 C. 347. Issuance of process by de facto magistrate. 77 C. 184. Complaint must accompany writ; proper way
to take advantage of such defect is by motion to erase from docket for want of process. 97 C. 400. Cited. 126 C. 607; 132
C. 515; 141 C. 407. The signing of a writ by a lawyer as a commissioner of the superior court is not a mere ministerial act.
A writ of mandamus to compel the signing will not be granted. 142 C. 411. Privilege of using fictitious names discussed.
147 C. 48. Cited. 149 C. 218. Cited. 162 C. 255. Cited. 166 C. 102; Id., 174. Writ of attachment now issued only after
compliance with chapter 903a. 167 C. 623.
Cited. 8 CS 398. Attachment is no part of the original process and cannot affect the judgment to be rendered thereon.
14 CS 357. Cited. 16 CS 143. True name of plaintiff has no reason to appear in the complaint; the proper place is in the
writ. 18 CS 446. Application to court to examine corporate records must be made by writ, summons and complaint. 25
CS 253. Cited. 36 CS 47. Rule against plaintiff attorney signing writ in his own case not violated when his partner signed
writ. Id., 69. Cited. 38 CS 389.
Annotations to present section:
Cited. 207 C. 547. Cited. 210 C. 721. Cited. 217 C. 520. Statute does not on its face exclude attorney from signing a
writ in his own case; improperly executed writ does not affect subject matter jurisdiction; Doolittle v. Clark, 47 C. 316,
overruled and judgment of appellate court reversed. 222 C. 541. Cited. 223 C. 68. Cited. 225 C. 13. Cited. 236 C. 330.
Cited. 239 C. 265.
Cited. 13 CA 223. Cited. 18 CA 508. Cited. 19 CA 203. Cited. 22 CA 625. Cited. 25 CA 543; judgment reversed, see
222 C. 541. Cited. 27 CA 333; Id., 621. Cited. 31 CA 155. Cited. 34 CA 579. Cited. 36 CA 635; judgment reversed, see
236 C. 330. Cited. 38 CA 555. Plaintiff's failure to properly execute her writ did not deprive trial court of subject matter
jurisdiction, merely personal jurisdiction over defendants unless waived. 53 CA 84. Action not "commenced" within
meaning of section by prejudgment remedy documents lacking a signed writ of summons and complaint. 61 CA 234.
Because trade name is not an entity with legal capacity to sue, corporation had no standing to litigate the merits of case
when it brought an action solely in its trade name, without corporation itself being named as a party. 87 CA 474. Plaintiff's
attorney's failure to sign civil summons form was a circumstantial defect that did not deprive court of personal jurisdiction
over defendants because the attorney directed a process server to serve defendants. 96 CA 320.
Listing the address of property that was subject of zoning appeal in the citation and complaint, rather than street address
of plaintiff as required by preprinted form, was a circumstantial defect under common law whether or not ameliorative
statutes apply and did not deprive court of subject matter jurisdiction. 50 CS 513.