As we step into 2025, appellate practitioners and litigants in Connecticut must familiarize themselves with the amendments to the Rules of Appellate Procedure. These changes, effective January 1, 2025 (with some provisions effective October 1, 2024), reflect the judiciary’s effort to modernize appellate practice and streamline processes for both counsel and self-represented litigants.
Noteworthy Updates to the Appellate Rules:
1. Enhanced Electronic Filing Requirements
Changes to Practice Book § 60-7 streamline the process for self-represented litigants to enroll in e-services to file documents electronically on appellate E-Services.
2. New Deadlines for Amending Appeals
Among changes to § 61-9 is one that provides a cutoff for when an amended appeal may be filed: once the appeal is marked ready for oral argument, any appeal from a subsequent trial court decision must be filed as a new appeal absent permission of the court to file an amended appeal.
3. Clarified Procedures for Stays
Updates to Sections 61-11 clarify the processes around stays of execution.
The revisions clarify that filing a motion for extension of time to file a motion for review of a stay motion does not automatically stay the execution after the ten days (timeframe to file a motion for review) has expired.
In cases where there is no automatic stay and the trial court denies or refuses to rule on a motion for stay, the aggrieved party may file a motion for a temporary stay with an appellate court until the filing and ruling on a motion for review.
4. Shortened Time Period to Refile Noncompliant Documents
Amended Practice Book § 62-7 shortens the period for electronic filers to refile noncompliant documents from 15 days to 7 days.
5. Pro Hac Vice Appearance Simplification
Section 62-8A now mandates the use of standardized form JD-CL-141 for out-of-state attorneys seeking pro hac vice appearances in appellate cases to reduce procedural ambiguities.
6. Changes to Preargument Conferences: Now an Opt-In Program
Revisions to Practice Book § 63-10 changed the previously mandatory preargument conference (PAC) program to an opt-in program. To participate in a PAC, the appellant must file a PAC statement, certifying that all parties to the appeal would like to attend a PAC.
Appellate practitioners who handle civil appeals are particularly excited by this change. Under the previous mandatory PAC program, civil appellate litigants faced months of delays awaiting a PAC to be scheduled (which stayed briefing obligations). When there was no chance of settlement, these delays were burdensome on litigants. The update is a welcomed revision to ensure that the PAC program is being used by parties who may benefit from appellate settlement discussions.
7. Changes to Citations of Supplemental Authorities after a Brief is Filed
Revisions to Practice Book § 67-10 clarify that supplemental authorities should be filed with the appellate clerk by e-filing a letter listing those authorities. It limits the length of the filing to 350 words. Although the rule permits a response to a 67-10 letter, the revised rule clarifies that replies to responses are not allowed.
8. Opinions Will Be Released Electronically
Practice Book § 71-4 conforms with the notice from November 2023, that all volumes of the Connecticut Reports and Connecticut Appellate Reports will be compiled electronically, rather than in physical form.
9. Asking the Supreme Court to Consider Additional Questions Following Certification
Changes to Practice Book § 84-9 allow the appellant to request that the Supreme Court, following the grant of certification, also consider issues that were briefed in the Appellate Court but not reached by that Court in its disposition of the appeal. The procedure to make such a request is detailed in Practice Book § 84-11, and the request must be filed within 30 days of filing the appeal.
What This Means for Practitioners
The examples detailed above represent a sample of the 2025 amendments to the Rules of Appellate Procedure. As always, counsel and litigants should review the full amendments to ensure compliance with the rules.
The information above is for educational purposes only and should not be construed as legal advice.