DocketNumber: No. CV93-0523280S
Citation Numbers: 1995 Conn. Super. Ct. 692
Judges: CORRADINO, J.
Filed Date: 1/31/1995
Status: Non-Precedential
Modified Date: 4/17/2021
This motion rests on a claim that the court has no jurisdiction over this case. Here the summons attached to the amended complaint has no return date although the process is dated July 1, 1994. The motion to dismiss was filed more than two months after the date of process.
Section
"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 and the date and place for filing an appearance."
Section
To avoid the somewhat draconian results that the courts have attached for failure to comply with these statutory requirements even when no actual prejudice is CT Page 693 shown, cf Concept Associates v. Board of Tax Review,
The plaintiff also argues that these defendants were brought into an existing lawsuit pursuant to a motion to cite in additional parties and therefore §§
Also the fact that the plaintiff didn't receive from the clerk's office the delineation of service, return and appearance dates set out by the judge when she granted the motion to cite in doesn't affect the jurisdictional question before the court. Counsel should have contacted the court; in any event, service was made without any return date at all and as the defendant points out, the plaintiff could have prepared the summons with an appropriate return date or initiated a separate action.
The plaintiff further argues that no actual prejudice was done here. However, statutory requirements and limitations for the return of process are part of any right and have to be met to provide a court with jurisdiction,Concepts Associates v. Board of Tax Review,
The motion to dismiss is granted.
Corradino, J. CT Page 694