Sec. 52-278j. Dismissal or withdrawal of prejudgment remedy.
Sec. 52-278j. Dismissal or withdrawal of prejudgment remedy. (a) If an application for a prejudgment remedy is granted but the plaintiff, within thirty days thereof,
does not serve and return to court the writ, summons and complaint for which the prejudgment remedy was allowed, the court shall dismiss the prejudgment remedy.
(b) If an application for a prejudgment remedy is denied and the plaintiff, within
thirty days thereof, does not serve and return to court the writ of summons and complaint
for which the prejudgment remedy was requested, or if a date for a hearing upon a
prejudgment remedy is scheduled by the clerk and such hearing is not commenced within
thirty days thereof, except as provided in section 52-278e, the court shall order the
application to be considered as having been withdrawn.
(c) An application for a prejudgment remedy or a prejudgment remedy which is
granted but not served may be withdrawn in the same manner as a civil cause of action.
(P.A. 76-21, S. 1-3; P.A. 78-36; P.A. 91-315, S. 3, 5.)
History: P.A. 78-36 allowed application to be considered as withdrawn if hearing date is scheduled and hearing is not
commenced within 90 days of that date in Subsec. (b); P.A. 91-315 amended Subsecs. (a) and (b) to reduce the time period
from 90 days to 30 days and to make the dismissal by the court in Subsec. (a) and the court's action in ordering the
withdrawal of the application in Subsec. (b) mandatory rather than discretionary.
Cited. 186 C. 295. Cited. 188 C. 69.
Cited. 34 CA 303.
Cited. 38 CS 98.