Section 23-35.—Schedule for Filing Pleadings

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

In one sentenceThis rule sets a default timetable for amending a habeas petition, filing the return, and filing a reply, unless the court has already issued its own scheduling order.

Full Text of Section 23-35

Text sizeJump to: (a) (b) (c) (d)

Unless the judicial authority issues specific scheduling orders, the following schedule shall apply:

(a) Amended Petition.

(1) Transcript Necessary. If a transcript of prior proceedings is necessary to pursue the petition, within thirty days after notice that the writ has issued, or notice of appointment of counsel, whichever is later, the petitioner shall file a statement describing any transcript(s) ordered. Upon receipt of the transcript(s), the petitioner shall file a notice of transcript receipt. Within sixty days of receipt of the transcript(s), the petitioner shall file an amended petition, or notice that the petition will not be amended.

(2) Transcript not Necessary. If a transcript is not necessary to pursue the petition, within thirty days after notice that the writ has issued, or notice of appointment of counsel, whichever is later, the petitioner shall file an amended petition or a notice that the petition will not be amended.

(b) Return or Responsive Pleading. The return or responsive pleading shall be filed within thirty days of the filing of the amended petition or the notice that the petition will not be amended.

(d) The judicial authority may alter the time for filing any pleading.

End

Amendment History

(P.B. 1978-1997, Sec. 529N.)

Plain-English Summary

Absent a specific scheduling order from the judicial authority, this default timetable governs. If a transcript of prior proceedings is needed, the petitioner has thirty days after notice that the writ issued (or notice of counsel's appointment, whichever comes later) to describe the transcript ordered, must then notify the court once it's received, and has sixty more days after receipt to file an amended petition or notify the court that none is coming. If no transcript is needed, the petitioner has thirty days from that same triggering notice to amend the petition or say it will not be amended.

Once the amended petition is filed — or the petitioner declines to amend — the respondent has thirty days to file the return or other responsive pleading. Any reply to the return is due thirty days after the return is filed. The judicial authority retains the power to alter any of these deadlines.

Frequently Asked Questions

How long do I have to amend my habeas petition after a transcript is needed?

You have thirty days after notice that the writ issued or notice of appointed counsel, whichever is later, to describe the transcript you ordered, and then sixty days after receiving it to file the amended petition or a notice that you will not amend.

How long does the respondent have to file the return?

Thirty days from the filing of the amended petition, or from the petitioner's notice that the petition will not be amended.

What if no transcript is needed to pursue my petition?

You have thirty days after notice that the writ issued or notice of appointed counsel, whichever is later, to file an amended petition or notify the court that you will not amend.

Can the court change these deadlines?

Yes. This default schedule applies only when the judicial authority has not issued its own scheduling orders, and the court may alter the time for filing any pleading.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 23-35). 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: habeas corpus filing schedule Connecticutdeadline to amend habeas petition CTreturn deadline habeas corpustranscript deadline habeas petitiondefault habeas scheduling order