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Judiciary

COURTS - CONNECTICUT

The state court of Connecticut follows a three-tire court system

1. The Supreme Court of Connecticut as a court of last resort.
2. The Appellate court, and
3. The Superior Courts

•  The cases heard in the Supreme Court have first been decided in the Superior Court, which is a trial court where a judge or a jury makes a decision based on conflicting stories from witnesses who describe the history of the controversy.

•  The losing party in the Superior Court has the right to one appeal to the appellate court. The Appellate Court of Connecticut is the intermediate court of appeals.

•  Appeals come to the Supreme Court in one of two ways:

• A person who is dissatisfied with the judgment of the Appellate Court can ask the Supreme Court to take another look at the legal issues that are at stake, by filing a request that the appeal be certified.
• Other appeals come to the Supreme Court as a result of a decision to transfer the case to itself instead of having it be heard in the Appellate Court, or as a result of a law mandating that an appeal must be heard by the Supreme Court.

APPELLATE COURT (INTERMIDIATE COURT)

•  Appellate courts hears the appeals and review from the trial courts.

•  Appeals or motions for leave to appeal, are generally arise from judgments or orders by the trial Court.

•  An appeal from the Judgment and order of the Court may be filed with in 45 days from the date that judgment or order.

•  If all issues as to all parties are not closed out at trial, the judgment, order or decision is interlocutory in such instances, a motion for leave to appeal may be made, asking the court to consider the matter before it is final.

SUPERIOR COURT

•  The superior courts of the State are courts of first instances.

•  The superior courts have the following divisions to deal with different varieties of cases.

1. Civil Division
2. Criminal Division
3. Family division

CIVIL DIVISION

•  Civil Division hears cases in which someone is being sued to protect civil, personal or property rights.

•  It also deal in the typical cases like

1. automobile or personal accidents,
2. landlord-tenant disputes,
3. product or professional liability disputes, and
4. disputed contracts

•  Landlord-tenant cases and small claims cases are usually heard in geographical area courts.

•  Administrative appeals and civil jury and non-jury cases are usually heard in judicial district courthouses.

•  Tax cases are heard in a special tax session.

The Civil Division is divided into five parts or types:

•  Administrative Appeals;

•  Civil Jury;

•  Civil Non-Jury;

•  Landlord-Tenant, including evictions (called summary process);

•  Small Claims

Criminal Division

•  Criminal Division hears cases where the state is prosecuting a person (the defendant) who is accused of breaking the law.

•  The state is represented by a state's attorney.

•  There are three kinds of criminal cases, depending on the severity of the offense:

1. crimes which include felonies - punishable by prison sentences more than one year - and misdemeanors - punishable by prison sentences of one year or less;
2. violations which include motor vehicle cases punishable by a fine only; and,
3. infractions where a fine may be paid by mail without requiring a court appearance (for example, traffic tickets). All criminal cases but the most serious ones are heard in geographical area courts around the state.

FAMILY DIVISION

•  Family Division hears cases involving juveniles and family relationships.

•  Typical cases include

• divorce,
• child custody,
• child support,
• relief from abuse (temporary restraining orders),
• juvenile delinquency,
• child abuse and neglect, and
• termination of parental rights.

•  Juvenile Matters is a special subdivision of Superior Court designed to protect the rights of children, family relationships and confidentiality.

•  Cases in juvenile court include:

• termination of parental rights;
• emancipation of a minor;
• delinquency (crimes committed by children under age 16);
• neglected or uncared for children and youth; families with service needs (FWSN)

PROBATE DIVISION

•  The Probate division has the following jurisdiction:

Trusts and Estates

•  probating wills and the administration of estates;

•  overseeing testamentary and living trusts;

•  determining title to real and personal property; and,

•  construing the meaning of wills and trusts.

Guardians, Conservators and Civil Commitment

•  appointing guardians for persons who are mentally retarded;

•  approving sterilizations and placements of persons who are mentally retarded;

•  appointing a guardian of the estate or person for a child;

•  for persons with mental illness and/or for persons who are incapable of managing or administering their own affairs, appointing conservators of the person and the estate; and,

•  committing those suffering from severe mental illness to an appropriate facility.

Parents

•  removing unfit parents as guardians of their children;

•  hearing the claims of paternity of unwed fathers;

•  terminating the parental rights of parents who cannot fulfill their parental responsibilities; and,

•  granting adoptions.

Other

•  granting name changes;

•  approving or disapproving the marriage of a youth under the age of sixteen years;

•  waiving the blood tests required for the issuance of a marriage license; and,

•  assisting persons in obtaining passports