Each year the justices of the Supreme Court and judges of the Appellate Court make amendments to Connecticut’s Rules of Appellate Procedure. Many of these are minor technical modifications. The following highlights rule changes of which practitioners should be aware for 2019.
Practice Book § 62-7(a), which provides that papers returned for noncompliance may be refiled within 15 days of notice of the return, was clarified to indicate that the official notice of the return is the date on the return form, not the date the party received it.
Practice Book § 63-10 clarified juvenile appeals including child protection cases are exempt from preargument conferences and further exempts summary process appeals from PACs.
Practice Book § 67-2(f) was amended to eliminate the requirement to include counsel’s fax numbers on the cover and clarified that the appellate case name and docket number should appear on the cover. Practice Book §§ 67-4 and 67-5 now require appellate briefs to have a table of contents.
Practice Book §§ 68-1(a) and 76-3 make clear that the duties of the trial clerk or workers’ compensation to provide copies of the files do not relieve parties from complying with the appendix requirements set forth in Practice Book § 67-8
Practice Book § 77-1(a) delineates the time to file transcripts in petitions for review of court closure rulings and also eliminates the requirement that a hearing occur within five days of the completion of the transcript. Now the appellate clerk will notify the parties when argument is scheduled.
Practice Book § 79a-6 now states that briefs and appendices in child protection cases need not be redacted as the court only crafts opinions and orders available to the public in redacted form.
In addition, a number of amendments to the appellate rules went into effect on September 1, 2018. For example, Practice Book § 63-4(a)(6) now more broadly requires notice of sealing orders rather than just the form the trial court files.
Practice Book § 71-4 clarifies that the official opinion appears in the bound volumes of the Connecticut Reports of Connecticut Appellate Reports or the latest versions in the Connecticut Law Journal if the opinion is not in a bound volume. Section 71-5 now provides that a fee is not required to file a motion for reconsideration if there was no fee to file the appeal or the fee was waived. Section 84-4 provides similar clarification for petitions for certifications
Practice Book §§ 73-4 and 82-6 tightened up the briefing schedule for reservations and for matters referred to the Supreme Court by other courts.