DocketNumber: No. 32 93 55
Judges: MAIOCCO, JR., J.
Filed Date: 8/20/1992
Status: Non-Precedential
Modified Date: 4/18/2021
The defendants have filed a timely motion to dismiss on the grounds that process and service of process were insufficient, thereby depriving the court of jurisdiction over them. The plaintiff has filed an objection, requesting that the motion be denied and that he be granted permission to correct the defect in the summons. He has filed a separate motion to correct which is not formally before the court. The defendants have filed a memorandum of law in support of their motion to dismiss. The plaintiff has filed no memorandum of law in support of his opposition.
A defendant must contest the court's personal jurisdiction over him or her in a timely motion to dismiss. Practice Book 142. Insufficient process and service of process affect the court's personal jurisdiction over a defendant.
The defendants argue that the writ that directed service upon them is insufficient because it is not signed by commissioner of the court, a judge, or a clerk of the court as required by
General Statutes
The writ of summons contained in the court file lacks the signature required by
"A summons is part of a citation. The citation . . . is a command to a duly authorized officer to summon the defendant . . . to appear in court on a specific day to answer the complaint." (Internal citations omitted.) Hillman v. Greenwich,
Here, the writ did not contain the signature of a proper authority directing the commencement of the action. That defect rendered the process and the unauthorized service of process insufficient.
The defective process is not a circumstantial defect in the text of the writ that could be cured. General Statutes
THE COURT:
John P. Maiocco, Jr., Judge