APPELLATE RULE CHANGES
As the annotators to the Practice Book, we would like to share the most recently adopted revisions to the Rules of Appellate Procedure, which will take effect on January 1, 2021. The following is a general description of each of the changes. For more detailed information, see https://jud.ct.gov/HomePDFs/AdoptedRulesAppellateNotice.pdf.
Sec. 61-9. Decisions Subsequent to Filing of Appeal; Amended Appeals. This section received minor changes to clarify that if you file a subsequent appeal when there is already a pending appeal, the court may treat it as an amended appeal instead of a new appeal. The amendments further clarify the existing rule that an amended appeal (and a subsequent appeal taken as an amended appeal) would survive the dismissal of the original appeal, provided the amended appeal was jurisdictionally proper. Please note that if you paid the appeal fee for the subsequent appeal, those fees would not be returned to you if the court deems it to be an amended appeal instead.
Sec. 61-16. Notice of [(1)] Bankruptcy Filing, [(2) Disposition of Bankruptcy Case and (3)] Order of Bankruptcy Court Granting Relief from Automatic Stay and Disposition of Bankruptcy Case. This section was amended to require a debtor named in a bankruptcy petition as well as a party to the appeal to file a notice of the petition. The notice must include information about the petition and the effect of the bankruptcy stay on the appeal and include supporting documentation from the bankruptcy court. Any party who wishes to challenge the application of the bankruptcy stay may do so and also must provide supporting documentation. If a party obtains relief from stay, that party must notify the appellate clerk. The provision for notifying the clerk of the conclusion of the bankruptcy case was amended to require supporting documents and to allow any party to provide notice of the conclusion of the bankruptcy case.
Sec. 62-9. Withdrawal of Appearance. In response to a recent Appellate Court decision, State v. Mendez, 185 Conn. App. 476 (2018), this section was amended to add a protection to clients by requiring counsel to notify the client that they may challenge the court’s granting of a motion by counsel to withdraw by filing a motion for review pursuant to § 66-6.
Sec. 63-4. Additional Papers To Be Filed by Appellant and Appellee Subsequent to the Filing of the Appeal. To comply with federal law requiring the protection of the identities of protected persons in restraining and protective orders, this section was updated to add a new requirement to the docketing statement pursuant to § 63-4(a)(3)(C) to indicate whether there are protective or restraining orders.
Sec. 66-1. Extension of Time. A motion for extension of time to file a motion for review must be filed with the trial court. Section 66-1(b) has been clarified to reinforce this requirement.
Sec. 67-8. The Appendix. This section was amended to clarify that the operative complaint, and any other complaint at issue, be included in Part 1 of the appendix. In addition, if you include portions of relevant transcripts in Part 2, you must include the cover page and certification page for each transcript used.
Sec. 67-10. Citation of Supplemental Authorities after Brief is Filed. Because advanced released opinions for the Connecticut Supreme and Appellate Courts and the United States Supreme Court are readily available on the internet, this section was amended to eliminate the requirement that unpublished, advance released opinions of the Connecticut Supreme and Appellate Courts and slip opinions of the U.S. Supreme Court be appended to your filing.
Secs. 79a-1, 79a-2, 79a-3, 79a-4, 79a-12, and 79a-13. Child Protection. A number of the changes are technical in nature to conform the terminology to related statutes and trial court rules of practice. The main purpose, however, is to conform the rules to the procedural requirements set out in In re Taijha H.-B., 333 Conn. 297 (2019), concerning appeals where the court has terminated parental rights. The amendments provide for the appointment of appellate review counsel for the limited purpose of conducting an initial review for nonfrivolous appellate issues, notice and an opportunity for the parent to respond, judicial review if counsel determines that no nonfrivolous issue exists, and a limited extension of the appeal period to accomplish these ends.
(NEW) Sec. 81-3A. Grant or Denial of Certification. This new section was added to reflect the amendment to Conn. Gen. Stat. § 8-8 by the legislature requiring that three, rather than two, judges of the Appellate Court grant a petition for certification to appeal in zoning cases.
Sec. 86-1. Publication of Rules; Effective Date. This section was amended to be more consistent with § 1-9concerning notice of a rule change in the Connecticut Law Journal and the opportunity for public comment prior its adoption by the Supreme Court justices and Appellate Court judges.