Section 12-2.Transfer of Action Filed in Wrong Location of Correct Court

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceRequires a clerk who discovers that a civil case was wrongly entered in a court location it wasn’t returnable to for the plaintiff to file a motion to transfer, and lets the court dismiss the case with costs if the plaintiff doesn’t comply.

Full Text of Section 12-2

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A clerk of the court of a judicial district or geographical area should not accept a civil cause which is made returnable to a judicial district or geographical area of which such person is not the clerk. A clerk who does accept and enter such a civil cause shall, upon discovery of the error, bring the matter to the attention of the court. The judicial authority shall then order the plaintiff to file a motion to transfer with such notice to the defendant as the judicial authority may direct. If the plaintiff complies, the motion to transfer shall be granted; but if the plaintiff fails to comply with the order of the judicial authority within a reasonable time, the judicial authority shall dismiss the action with costs.

End

Amendment History

(P.B. 1978-1997, Sec. 213.)

Plain-English Summary

Section 12-2 addresses what happens when a case gets filed in the wrong place. A clerk shouldn’t accept a civil cause made returnable to a different judicial district or geographical area than the one that clerk serves. If a clerk accepts and enters such a case anyway, once the error surfaces the clerk must bring it to the court’s attention. The judicial authority then orders the plaintiff to file a motion to transfer, with whatever notice to the defendant the court directs.

If the plaintiff complies and files that motion, the court grants the transfer. If the plaintiff fails to comply within a reasonable time, the consequence is dismissal of the action, with costs assessed against the plaintiff.

Frequently Asked Questions

What happens if a civil case is filed in the wrong Connecticut court location?

The clerk who discovers the error must alert the court, and the judicial authority orders the plaintiff to file a motion to transfer the case to the correct location.

Can a case be dismissed for being filed in the wrong location?

Yes. If the plaintiff fails to comply with the court’s order to file a motion to transfer within a reasonable time, the judicial authority shall dismiss the action with costs.

Does the defendant get notice of a transfer under Section 12-2?

Yes. The judicial authority directs what notice to the defendant is required when it orders the plaintiff to file the motion to transfer.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 12-2). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source

Also known as: case filed in wrong court location CTdismissal for wrong venue Connecticutclerk transfer wrong judicial districtmotion to transfer improper venue CTconsequences of filing in wrong courthouse