(a) The Superior Court, and the judges, clerks and assistant clerks thereof, may, except where it is otherwise specially provided by law, make such order as is deemed reasonable, in regard to the notice which shall be given of the institution or pendency of all complaints, writs of error and appeals from probate, which may be brought to or pending in the Superior Court, when the adverse party, or any persons so interested therein that they ought to be made parties thereto, reside out of the state, or when the names or residences of any such persons in interest are unknown to the party instituting the proceeding.
(b) Such notice, having been given and proved by the affidavit of the officer who served the notice or by other competent evidence, shall be deemed sufficient service and notice, and the court may proceed to a hearing, unless otherwise provided by law, or may order further notice as it deems reasonable.
(1949 Rev., S. 7785; 1961, P.A. 517, S. 40; February, 1965, P.A. 395; P.A. 78-280, S. 101, 127; P.A. 82-160, S. 23.)
History: 1961 act deleted obsolete provision for making of orders by county commissioners; 1965 act amended last sentence to provide proof be “by the affidavit ... or other competent evidence”; P.A. 78-280 substituted “superior court” for “any court”, reflecting transfer of all trial jurisdiction to superior court, and deleted reference to terms and sessions of court, reflecting fact that court now sits continuously; P.A. 82-160 replaced “several courts, other than the courts of probate,” with “superior court” and inserted Subsec. indicators.
See Sec. 52-52 re orders of notice of legal or judicial proceedings.
Effect of service by publication. 89 C. 221. Cited. 108 C. 175. Sufficient notice given. 139 C. 506. Does not apply to actions under Sec. 46-28. 142 C. 173. Cited. 147 C. 561. Properly applies to an annulment action against nonresident defendant where plaintiff is domiciled in Connecticut. 152 C. 160. Action for declaratory judgment to determine title of property in another state not an in rem action and personal service is required. Id., 228. Cited. 182 C. 14; 190 C. 48; 195 C. 191; 212 C. 157.
Cited. 31 CA 569.
Cited. 39 CS 198.
Structure Connecticut General Statutes
Chapter 896 - Civil Process, Service and Time for Return
Section 52-45b. (Formerly Sec. 52-90). - Forms for commencement of civil action.
Section 52-46. - Time for service.
Section 52-46a. - Return of process.
Section 52-48. - Return day of process.
Section 52-50. - Persons to whom process shall be directed.
Section 52-51. - Service by officer before giving bond.
Section 52-52. - Orders of notice of legal or judicial proceedings.
Section 52-53. - State marshal may make special deputation.
Section 52-54. - Service of summons.
Section 52-55. - When completion of service by another officer allowable.
Section 52-56. - Service of process outside of officer's precinct.
Section 52-59c. - Service upon nonresident attaching creditor.
Section 52-60. - Judge of probate as attorney for nonresident fiduciary. Service of process.
Section 52-61. - Service upon nonresident fiduciaries.
Section 52-62. - Service upon nonresident in action for negligent operation of motor vehicle.
Section 52-64. - Service in action against state.
Section 52-65. - Service upon nonresident in a quo warranto case.
Section 52-66. - Execution of process by borough bailiffs.
Section 52-67. - Service in actions on joint contracts.
Section 52-69. - Notice to “representatives and creditors”, “widow” or “widower and heirs”.
Section 52-70. - Endorsement on process for fees. Penalty for exacting illegal fees.
Section 52-71. - Process void if issued or served on Sunday.