State of Connecticut State Marshal Commission Manual
Section 4: Civil Process
Definitions
A writ of summons and complaint (“writ”) is designed to provide reasonable and timely notice to a party of the existence of a civil action so the party may respond in court in accordance with court procedures. The writ is attached to the complaint, which provides the party with the specifics of the civil action, including the parties, claims, and allegations.
Note: The following discussion uses the service of a writ, which is a form of civil process, as the primary example of civil process. Process and civil process are terms used throughout the statutes to refer to various forms of notice provided to parties to litigation and others interested in the proceeding. Civil process is generally served by state marshals and other proper officers and includes a writ. State marshals make service of process when they serve civil process. Many statutes that do not have their own specific procedures for serving papers often refer back to the general procedures in the statutes governing civil process by indicating that a particular process be served as “service of process,” “as in a civil action,” “as in civil process,” or similar language.
Authority
A writ must be signed by a commissioner of the Superior Court (i.e. an attorney), a judge, or the clerk of the court where the case is to be returned. Process in general, including a writ, shall be directed to a state marshal, constable, or other proper officer authorized by statute. Indifferent persons can also make service under very specific, limited circumstances listed in Connecticut General Statutes § 52-50.
A state marshal is required to stay within his or her county to serve civil process, including a writ, unless a specific statute authorizes him or her to go outside his or her county. A limited extension of a state marshal’s powers to act outside his or her county is outlined in General Statutes § 52-56. In general, if a state marshal commences serving the civil process, including the writ, on a defendant within his or her county, the state marshal can also serve other defendants in the same action even if they reside outside of the state marshal’s county. A state marshal also has the choice of asking a state marshal in the other county to serve the other defendants, as long as the returns properly reflect such action. Execution work and some designated areas allow for some extension of the county rules. See the Out-of-County section of this manual for further information. Note that a state marshal may never physically leave the state to serve process. Some limited types of service are permitted by statute on out-of-state parties by certified mail, postage prepaid, return receipt requested or publication.
Duties
General Statutes § 6-32 provides that a state marshal shall receive each process directed to him or her when tendered, execute it promptly, and make true return thereof. Additionally, without added fees, a state marshal must provide receipts, when demanded, for all civil process tendered to the state marshal, specifying the names of the parties, the date of the writ, the time of the delivery, and the sum or thing in demand. This statute also contains a penalty clause providing that a state marshal who does not duly and promptly execute a return of process or creates a false or illegal return shall be liable to pay double the amount of the damages to the aggrieved party. Violations of this provision can also subject a state marshal to disciplinary action by the State Marshal Commission.
Timing
A writ must have a return date, which is the date the court uses to calculate procedural deadlines. The individual, attorney, or other authorized person signing the writ picks the return date. By statute, process in civil actions must be returnable to court no later than two months from the date of the process and must have a return date that falls on a Tuesday. General Statutes § 52-48. A state marshal must serve the writ at least twelve days, inclusive, before the return date. The day of service is counted and the first court date is excluded when calculating the twelve days. The original writ, along with the return and filing fee, must be filed in court at least six days before the return day. The return date is excluded when calculating the six days.
Note that the timing is different for matters involving the Supreme Court, summary process actions, and small claims. See statute list at the end of this section and other specific sections of this manual.
Statute of Limitations: A cause of action will not be lost because of the passage of the statute of limitations if the process is personally delivered to a state marshal within the statutory time frame and the state marshal serves the process within thirty days of the delivery. This is known as the thirty-day rule. The phrase “personally delivered” includes delivery by registered or certified mail, postage prepaid, return receipt requested in certain types of matters. The state marshal “shall endorse under oath on such marshal’s return the date of delivery of the process to such marshal.” This is generally done by the state marshal attaching an affidavit of the date of receipt to the return. See General Statutes § 52-593a.
Manner
The client provides the state marshal with the original writ, along with copies for each person or entity to be served. The state marshal may charge one dollar per page for copies. Note that this fee is not for photocopying, but, rather, it is for the state marshal’s confirmation that the copies are a true and accurate copy of the original document and is not to exceed a total amount of nine hundred dollars. The state marshal serves the copy or copies and gives back the original writ along with his or her state marshal return to the client, or the court as noted below. A fee can be charged for each defendant as noted below. See General Statutes § 52-261.
On each page of the copies where a signature appears that was an original signature on the writ summons and complaint, the state marshal must place an endorsement on that page or pages. The endorsement consists of the notation of: “A True and Attested Copy”, the state marshal’s name and title, and the state marshal’s signature. Some state marshals also endorse the last page to attest to the full document. The state marshal must ensure that his or her name is legible. It is permissible to use a stamp with such information, but the marshal must still sign his or her original signature (endorsement) to the pages where the stamp is affixed.
When serving an individual, the statutes permit service of a writ by: 1) reading the writ in the presence of the defendant; 2) leaving an attested copy with the defendant, in hand, or 3) leaving an attested copy at the defendant’s usual place of abode. The return must contain the address at which the attested copy was left.
Service is usually made in hand or abode. In hand service means that the individual was served in person. Often, the state marshal can make arrangements with an individual to accept in hand service by having the individual meet the state marshal at a particular place. People may be served at their work site; however, it is important to be sensitive to the work environment. Many employers will not allow state marshals to serve papers at the workplace.
Whether a residence constitutes a usual place of abode for service depends on the facts. The courts have indicated that an abode can be a temporary place of habitation, such as a vacation home or even a hotel room under the proper circumstances, as well as the full-time home or domicile. While a person can have more than one usual place of abode, he or she can only have one abode at any given time. A state marshal needs to verify the validity of the usual place of abode for the purpose of notice. A state marshal attests to the usual place of abode in his or her return. There is a presumption of truth of the matters stated by the state marshal in the return. Accordingly, a state marshal cannot guess at the usual place abode. It is important for a state marshal to exercise due diligence when assessing whether or not an address is an individual’s usual place of abode, either asking questions of the client or other third parties, such as neighbors, delivery people and the like. Third parties do not have to answer questions. Voluntary cooperation is needed in any such investigation. See Administrative Bulletin 12-07, which enclosed Opinions, Conn. Atty. Gen. No. 2012-003 (March 22, 2012) for further information regarding the application of the Fourth Amendment to state marshal work in obtaining information from third parties. The state marshal may also obtain information by running motor vehicle plates or other identifying information through the Department of Motor Vehicles records databases. State marshals are granted access to this information through the License and Registration Verification Service administered by the Commission office. Note that to access the service, the state marshal must first sign a user agreement. Please contact the State Marshal Commission for information. See the DMV Line section of this manual for further information.
If addresses are invalid and unworkable, the burden is on the client to provide appropriate information. If an individual answers the door and verifies that the person being served lives at the abode, then the papers can be left with the individual at the door. State marshals are not to open mailboxes, as mailboxes are protected under federal postal law.
Minor amendments can be made to the writ of summons with the permission of the client, such as correcting a house number or address. See General Statutes § 52-72. Such action is generally only used when there are time constraints on obtaining a corrected writ. Any changes must be noted on the return.
When making abode service, a state marshal can slip the papers through a mail slot into a house or under a locked door, or put the papers between a screen door and a main door. A state marshal cannot open any main doors or breach the privacy and property rights of an individual by entering an abode. A state marshal can enter a house if invited, but discretion is necessary. If an apartment is part of a complex, a state marshal may attempt to enter the complex to leave the papers on or under the door of the actual apartment by, for example, asking the landlord or neighbor to provide access to the building. The state marshal may not compromise the lock in order to gain entry. Service cannot be left at the main entrance or in the hallway.
Pursuant to General Statutes § 6-38a, state marshals, when making service of process, shall have the right of entry on private property. Note, however, that this does not permit a state marshal to breach the threshold of the home, including the garage, without consent.
As noted above, the state marshal serves the copy or copies and must give the original writ, along with the state marshal return, to the client, or the court if any such arrangement was made with the client.
Notice by Publication: In some circumstances a state marshal must prepare a notice by publication. The state marshal should follow the procedure set forth in General Statutes § 52-52, unless otherwise directed by the court. See sample format in supplemental forms/returns at the end of this section.
Fees
Service of Process: The maximum fees for civil process are set forth in General Statutes § 52-261, as amended by Public Act 14-87, and General Statutes § 52-261a. The allowable fees are dictated by the type of client for whom the state marshal is serving process, as follows:
1. Serving process for a private client (including clients with fee waivers and restraining orders or civil protection orders that are reimbursed by the Judicial Branch):
- $40 for the initial service on a defendant;
- $40 for each subsequent service on an additional defendant at a different
address; and
- $20 for each subsequent service on an additional defendant at the same address.
2. Serving process for the Judicial Branch or Division of Criminal Justice:
- $30 for the initial service; and
- $10 for each subsequent service on an additional defendant, regardless of whether or not the additional defendants are at the same or different addresses.
3. Serving process for an official of any other state agency, board or commission, or municipality acting in his or her official capacity:
- $30 for the initial service;
- $30 for each subsequent service on an additional defendant at a different address;
- $10 for each subsequent service on an additional defendant at the same address; and
- $10 for service of a notice to the Attorney General in a dissolution and post-judgment proceeding involving a party or child receiving public assistance.
The minimum fees for service of process are designated in Regulations of Connecticut State Agencies § 6-38b-10, which states that a state marshal may not receive a fee of less than five dollars for each service of process.
Please be advised that state marshals do not tender witness fees. See General Statutes § 52-260 and the Subpoenas section of this manual.
A state marshal may not charge a fee if the state marshal does not make service. See General Statutes § 6-38d. If a state marshal cannot make service, the state marshal must promptly notify his or her client of the failed service and refund any fees that were paid up-front to the marshal. Also note that, a state marshal may only charge an additional service fee when serving the same process on the same individual more than once, if the additional service is required under a valid court order. See Opinion of the Attorney General, 2015-002 in the Reference section of this manual.
Copies: As noted above, a state marshal may charge one dollar per page for verified copies. This fee may not exceed a total amount of $900. See Francis v Fonfara, 303 Conn. 292, 33 A.3d 185 (2012). Note that the rate for copies of papers served on behalf of others but paid by the Judicial Branch (i.e. fee waivers and restraining orders) is also one dollar per page. The rate for copies for papers served for the Judicial Branch or the Division of Criminal Justice is sixty cents per page. See General Statutes § 52-261a.
Endorsements: The state marshal may charge forty cents per page where there is an endorsement pursuant to statute.
Mileage: The state marshal may charge for mileage from the place where the writ is received to the place of service. The amount that can be charged is set by statute. See General Statutes §§ 52-261 and 52-261a. This rate is communicated annually to the state marshals by the State Marshal Commission office. The best practice is to use mileage charts to calculate the travel, although automobile mileage gauges are also permissible. The state marshal should keep documentation, such as logs, supporting claimed mileage.
Illegal Fees: A state marshal cannot knowingly bill for or receive fees for work that the state marshal did not actually perform. See General Statutes § 6-38d. In addition, a state marshal may not charge more than the statutory fees for service. If a state marshal demands or recovers fees in excess of what is permitted by statute or order, the party may receive threefold the amount of the illegal fees that were paid. See General Statutes § 52-70. Violations of this section will also subject a state marshal to disciplinary action by the State Marshal Commission.
Returns
Under General Statutes § 6-32, it is a state marshal’s duty to both execute process promptly and make a true return. The return is a legal document in which a state marshal attests (swears to the truth of) to the court regarding the facts and manner of the service of process. The court essentially obtains jurisdiction through the proof offered in the return. It is imperative that returns are both accurate and returned to the court in a timely manner.
The return must state that service was made in the State of Connecticut and list the county in which the summons was served. The state marshal must then add the notation “ss” (which means signed and sealed) followed by the town name, the date of service, the method of service (in hand or abode) with specific details, including names, agents for service, and any other pertinent information about the service. The address of service must be included if abode service was made. Note that the original papers must be returned with proper endorsements. The state marshal must attest (swear to the truth of) the return and state his or her title and county. The return must be signed by the state marshal. See sample return forms at the end of this section.
The state marshal’s fees must be itemized on the return. Fees for the service, copies, endorsements, and mileage should be separately listed on the return if charged. If additional items are charged, such as postage for registered or certified mail, or fees paid to the Office of Secretary of the State, Department of Motor Vehicles, or other entities, those items must also be listed. The state marshal should invoice his or her private clients to collect fees due. If the fees are due from the State of Connecticut, the state marshal must generally use the CO-17 form. However, if the fees are due from the Judicial Branch, the state marshal must use the State Marshal Services Invoice form. The Office of the Attorney General and other agencies may have their own invoicing requirements. See the Invoicing section of this manual.
Attach the return to the original writ, or other civil process as relevant, and return the documents to the client or his or her counsel. The client will then file the documents in court and pay a filing fee to initiate the action. A state marshal may return the documents to the court and pay the filing fee at the direction and consent of the client. Note, however, that the court is essentially now requiring e-filing of most civil summons, whereby the client or attorney representing the state marshal’s client e-files the papers with the court.
E-filing: Where the plaintiff is represented by an attorney, the Judicial Branch now requires e-filing of most civil summons, whereby the attorney must e-file the case initiation documents (including the writ and return) with the court. In an e-filed matter, as with a paper-filed matter, the state marshal serving the writ has two options:
- The state marshal may return the original writ and his or her return to the attorney for formatting and e-filing, while retaining a copy of the return for his or her records; or
- The marshal may e-file the case initiation documents after authorization by the attorney as a designated filer.Under the designated filer status, the marshal is permitted limited access to the E-Services system to e-file the case initiation documents on the attorney’s behalf. The marshal may also pay the filing fee using this designated filer access if authorized to do so by the attorney.
- NoNote that it is not mandatory for a state marshal to be a designated filer and to e-file the case initiation documents on behalf of an attorney.He or she may opt to return the documents to the attorney for formatting and e-filing.In addition, it is not mandatory that a marshal pay the filing fee using the E-Services system on behalf of the attorney.The attorney or his or her employees may access the E-Services system and pay the filing fee after the marshal has up-loaded the case initiation documents.If the marshal pays the filing fee with his or her own funds and seeks reimbursement, this should be noted on his or her return and on an itemized invoice sent to the attorney.
Also note that, at this time, a self-represented party is not permitted to authorize a state marshal to be a designated filer and, accordingly, if a self-represented party opts to e-file the case initiation documents in a matter, the marshal must return the original writ and his or her return to the self-represented party for formatting and e-filing. See the Judicial Branch website at www.jud.ct.gov Opens in a new window Opens in a new window and the Civil E-Filing section of this manual for more information.
Supplemental returns: When a state marshal is directed to make service by registered or certified mail, it is necessary to file a supplemental return to provide the court with the receipt for the mail, or to inform the court that the envelope was returned as unclaimed. The state marshal should send the supplemental return to the client, or to the court directly if requested by the client.
Motor Vehicle Accidents/Service on DMV
If the writ involves a motor vehicle accident where the defendant resident driver/owner can be located, service should be handled in the same manner as in regular civil process.
If the writ involves a motor vehicle accident where the driver/owner cannot be located at his or her recorded address, or his or her whereabouts are unknown, the statutes deem the Department of Motor Vehicles as the agent for service of process. The state marshal must make a diligent search for the defendant, then prepare an affidavit of a diligent motor vehicle search, which must be served on the DMV along with the writ. The state marshal must then send the writ and affidavit to the defendant by registered or certified mail, postage prepaid, return receipt requested at the last known address on file with the DMV, along with a return for that defendant reflecting that the DMV has been served at least twelve days before the return date. Note that a state marshal may not make service on the DMV unless “it is impossible to make service of process at the operator’s last address on file in the Department of Motor Vehicles,” and the action alleges that an injury to a person or property has occurred. See General Statutes § 52-63.
The state marshal must make good faith and diligent efforts to make service. The courts have indicated that “impossible” means little likelihood of effective in hand or abode service. The state marshal has to certify on the process that a diligent search occurred, but no service could be made. Sometimes an address does not exist, an individual is no longer there, or the state marshal cannot enter a structure to make service. The attesting to, or affidavit of, a due diligent search is noted on the return. See sample return forms at the end of this section of the manual.
If a non-resident (see statute for definition) defendant is being sued over an accident that occurred in Connecticut, the statutes automatically deem the Department of Motor Vehicles as the agent for service. The state marshal serves the DMV and sends a true and attested copy by registered or certified mail, postage prepaid, return receipt requested, to the last known address of the out of state defendant, along with a defendant’s return reflecting that the DMV has been served, at least twelve days before the return date. See General Statutes § 52-62.
For specific procedures on the above see General Statutes §§ 52-62 and 52-63. Service on the DMV can be made in a drop off box at the DMV office at 60 State Street, Wethersfield, Connecticut. Under General Statutes § 52-62, a $20 fee is required for service on the DMV for a non-resident, and, under General Statutes § 52-63, a $50 fee is required for service on the DMV if the owner cannot be found. The fee is to be paid by a check made payable to the “DMV”. The state marshal must also fill out Department of Motor Vehicles Form J-24, which must accompany the check. See the sample forms for Service of Process upon the Department of Motor Vehicles J-24 Rev. 2-2012 at the end of this section.
Service on Entities
In Connecticut: For service of a writ and for civil process in general, General Statutes § 52-57 sets forth specific procedures for serving various classes of defendants, including individuals and municipalities, including towns, school districts, boards, and other entities. The statute also sets forth procedures for service on private corporations, partnerships, voluntary associations, and procedures in some child support matters. State marshals need to become familiar with these statutes.
Corporations: When dealing with service on various business entities, it is important for the state marshal to discuss with his or her client the legal nature of the business and the applicable statute for service. In general, service on a private Connecticut corporation is made on authorized individuals as listed in General Statutes § 52-57. Additionally, for Connecticut corporations, General Statutes § 33-663 permits service on a registered agent of a stock corporation and General Statutes § 33-1053 permits service on a registered agent of a non-stock corporation. A registered agent, normally on file with the Secretary of the State’s office, is usually an individual or some legally authorized entity that is chosen by the corporation to accept service for the corporation. These sections provide for in hand service on the agent or abode service, if a natural person is the agent. If there is no registered agent, or the registered agent cannot with reasonable diligence be served, the statutes direct that service can be made by registered or certified mail, postage prepaid, return receipt requested to the secretary of the corporation at the corporation’s principal office.
A necessary resource for state marshals when they are searching for information on businesses in Connecticut is the Office of the Secretary of the State’s CONCORD database. The state marshal may perform a business search by accessing the Secretary of the State’s website at www.sots.ct.gov Opens in a new window, Opens in a new window selecting “Business Information,” and then selecting “Search a Business.” The marshal may also call the Office of the Secretary of the State’s Commercial Recording Corporation information department. Also note that towns require local businesses to register with the town clerks. Check the applicable town clerk’s office for additional information when searching for non-corporation business locations and owners.
Limited Liability Companies or Registered Foreign Limited Liability Companies: Public Act 16-97 (now codified in General Statutes § 34-243r) made significant changes to the way limited liability companies and registered foreign limited liability companies are served with process. Under the Act, service of process may be made on a limited liability company or registered foreign limited liability company (hereinafter “company”) by serving its registered agent. General Statutes § 34-243r (a). If the Secretary of State has been appointed as the agent for service of process for a foreign limited liability company, that company may be served by either (1) leaving two true and attested copies of such process together with the required fee at the office of the Secretary of the State or (2) depositing the same in the United States mail, by registered or certified mail, postage prepaid, addressed to said office. General Statutes § 34-243r (b).
If process cannot be served on a company’s registered agent, service may be made by handing a copy to the individual in charge of any regular place of business or activity of the company or foreign company if the individual served is not a plaintiff in the action. General Statutes § 34-243r (d).
Note that, if a limited liability company or registered foreign limited liability company ceases to have a registered agent, or if its registered agent cannot be served with reasonable diligence, the company may be served by registered or certified mail, return receipt requested, or by similar commercial delivery service, addressed to the company or foreign company at its principal office. The address of the principal office will be that listed on the company’s most recent annual report filed by the Secretary of the State. General Statutes § 34-243r (c). For service sent to the company’s principal address, service is effected the earliest of the following: (1) The date the company or foreign company receives the mail or delivery by the commercial delivery service; (2) the date shown on the return receipt, if signed by the company or foreign company; or (3) five days after its deposit with the United States Postal Service, or with the commercial delivery service, if correctly addressed and with sufficient postage or payment. General Statutes § 34-243r (c).
Nonresident Individuals, Foreign Partnerships, and Foreign Voluntary
Associations: “Foreign” in the context of business entities refers to business entities created under laws other than that of the state of Connecticut. General Statutes § 52-59b outlines procedures for service on nonresident individuals, foreign partnerships, and foreign voluntary associations. If certain statutory tests are met, then the Office of the Secretary of the State can be deemed an agent for service. Such service is done by leaving one true and attested copy of the papers with the Office of the Secretary of the State at 30 Trinity Street, Hartford, Connecticut, at least twelve days before the return date, and by sending to the defendant’s last known address, by registered or certified mail, postage prepaid, return receipt requested, a true and attested copy of the papers with an endorsement thereon of the service upon the Secretary of the State. The state marshal must also tender a $50 check to the Office of the Secretary of the State. There is a drop box at the Office of the Secretary of the State used for any such service.
Foreign Corporations: General Statutes § 33-929 (stock) and General Statutes § 33-1219 (non-stock) outline the procedures for service on foreign corporations. These sections allow for service on a registered agent. A registered agent, normally on file with the Office of the Secretary of the State, is generally an individual or some legally authorized entity that is chosen by the corporation to accept service for the corporation. These sections provide for in-hand service on the agent of abode service, if a natural person is the agent. Effective dates of service are calculated as noted in the statutes.
If there is no registered agent, a state marshal can make service by sending service by registered or certified mail, return receipt requested, addressed to the secretary of the foreign corporation at its principal office shown in its application for a certificate of authority or in its most recent annual report. If the state marshal cannot locate any valid information and cannot find the registered agent after reasonable diligence (as well as other reasons listed), the state marshal can prepare an affidavit of due diligence and serve the Office of the Secretary of the State.
If the Secretary of the State is chosen as a registered agent, then the state marshal makes service by leaving two true and attested copies of the papers with the Office of the Secretary of the State, or by sending to the Office of the Secretary of the State, by registered or certified mail, postage prepaid, return receipt requested, two true and attested copies with endorsements thereon. The Office of the Secretary of the State will then send the paperwork to the foreign corporation at its last known address. The state marshal must also tender a $50 check to the Office of the Secretary of the State. There is a drop box at the Office of the Secretary of the State used for any such service.
If the agent of a foreign corporation is involved in an automobile accident in Connecticut, the state marshal should first serve the registered agent. If there is no agent, it is possible to serve the DMV pursuant to General Statutes § 52-62 with an affidavit of diligent search and mail the service out with the affidavit to the last known address on the accident report.
Note: It is very important for the state marshal to communicate with his or her client to clarify what type of business entity is being served so the appropriate statutory procedures can be followed. The above-noted statutes are only the most basic. There are different procedures for other entities, such as limited partnerships and statutory trusts. Additionally, there are several statutes that provide for the involvement of the Office of the Secretary of the State under specified circumstances. State marshals must follow the procedures in the statute that is appropriate for the particular type of service. For more information, please reference the “Review Guidelines for Writs (Effective October 1, 2009)” published by the Office of the Secretary of the State and provided in this manual. As noted above, there have been significant changes to the laws involving service on the Secretary of the State when a matter involves a limited liability company. When making service at the Office of the Secretary of the State, the state marshal must note on the papers which statute(s) under which the marshal is making service of process.
Insurance Commissioner: There are times when the Insurance Commissioner is an agent for service of process. The circumstances under which the Insurance Commissioner would be served and the procedures for such service of process can be found in General Statutes §§ 38a-25 and 38a-26. The state marshal should serve two copies to the Insurance Commissioner, along with a check in the amount of $50 for each person or insurer to be served. Proof of service will be evidenced by a certificate signed by the Commissioner or by the official designated to receive service of process that shows service was made on him or her and that he or she mailed the service to the appropriate person. The Insurance Commissioner will keep a record of the service in his or her files.
Service in lawsuits against the State: State marshals can find the general procedures for service of process in civil actions against the state and its various entities (e.g. institutions, boards, commissions, departments, or administrative tribunals thereof, or against any officer, servant, agent, or employee of the state) in General Statutes § 52-64. Service in these matters should be served on the Office of the Attorney General at 55 Elm Street, Hartford, Connecticut, in person or by registered or certified mail, postage prepaid, return receipt requested. Note that when serving the Office of the Attorney General, a state marshal should only serve one copy of the writ with the office (even if there are multiple defendants). Accordingly, the state marshal will also charge only one service fee, as opposed to the per defendant service fees.
Where the defendant is an individual, civil process may only be served at the Office of the Attorney General if the defendant is being sued in his or her official capacity. If the individual is being sued in his or her individual capacity, he or she must be served either in-hand or abode and the Attorney General will not accept such service. The state marshal should review the face of the writ to determine whether or not the defendant is being sued in his or her official or individual capacity. If the status is unclear from the face of the writ, the state marshal should seek clarification from his or her client. Also note that the Office of the Attorney General does not accept service for quasi-public agencies.
Service on Incarcerated Persons: General Statutes § 52-56 permits a state marshal to serve papers on any person confined in a correctional institution located anywhere in the state even if that correctional institution is located outside of his or her county of appointment. See General Statutes § 52-56. For service requests received from incarcerated persons to be served against the State, please see the preceding subsection regarding Service against the State.
Special Deputation
Pursuant to General Statutes § 52-53, a state marshal may, “on any special occasion,” depute any proper person to serve process. This authority is “extremely limited” and a state marshal may only depute another in situations of absolute necessity. See Opinion of the Attorney General, 2009-009 in the Reference section of this manual. A state marshal is not permitted to depute another in the “ordinary course of business.” See id. For example, a state marshal cannot depute another individual because he or she is too busy to take a particular service. In addition, should a state marshal depute another, he or she may be exposed to liability due to the deputed individual’s actions. Unauthorized or non-emergent deputation may subject the state marshal to disciplinary action by the State Marshal Commission. A state marshal should contact the Commission prior to deputing anyone under this provision.
The above review covers the general area of civil process. However, there are numerous statutes that set forth specific service requirements, or refer back to the general provisions as noted above. A state marshal should always check the statutory authority under which he or she is operating to ensure proper procedures are followed in any given service of process.
Major Statutes
There are many statutes that touch on the service of civil process. The state marshal should always check with his or her client, attorney (if applicable), and the statutes if he or she has any questions about a particular service.
These statutes are available in the Statutes section of the Connecticut General Assembly website Opens in a new window Opens in a new window Opens in a new window Opens in a new window.
The following reference list is not exhaustive and sets forth only the most important and commonly used statutes covering civil process:
52-45a Commencement of civil actions.
6-32 State marshal duty to serve and make prompt and true return; liability.
6-38a Authority for a state marshal to serve process and make legal executions; authority for right of entry/not personally liable for damages.
6-38d Illegal billing (state marshals cannot bill for work they did not actually perform - they may not charge a fee if they did not complete service).
52-46 Timing of service (30 days - Supreme Court; 12 days - Superior Court).
52-46a Timing of return (20 days - Supreme Court; 6 days - Superior Court).
52-48 Return date (Tuesday - except summary process; returnable not later than two months after date of process).
52-593a Statute of limitations (30 day rule - action not lost if delivered to state marshal and served within thirty days of delivery).
52-50 Persons to whom process shall be directed.
52-54 Methods of service - summons.
52-261 State marshal fees for serving process.
52-261a State marshal fees for work conducted for the Judicial Branch or the Division of Criminal Justice.
52-70 Penalty for charging illegal fees (state marshal cannot receive more than his or her legal fees on civil process).
52-52 Orders of Notice (notice by publication); See also General Statutes § 1-2.
1-2a Definition of the term “postmark.”
52-53 Special deputation by state marshal (Extraordinary circumstances-See Special Deputation subsection above).
52-55 Completion of service by another state marshal.
52-56 Service outside of a state marshal’s county. See also Capias and Out-of-County sections of this manual.
51-15 Small claims matters. See also Connecticut Practice Book § 24 and the applicable Small Claims Matters section of this manual.
52-57 Manner of service upon individuals, municipalities, corporations, partnerships and voluntary associations.
52-57a Service upon a person in another state on someone who has a Connecticut domicile or is subject to the jurisdiction of the court.
52-59b Service upon nonresident individuals, foreign partnerships, and foreign voluntary associations (service upon the Office of the Secretary of the State).
See Review Guidelines for Writs at the end of this section for additional statutory citations regarding writs served on the Office of the Secretary of the State.
52-62 Non-resident; motor vehicle accident (DMV).
52-63 Connecticut operator/owner, not found at recorded address; motor vehicle accident (DMV).
52-64 Service in actions against the State (service on the Office of the Attorney General).
52-72 Amendment of process (defective service; amended process shall be served in same manner and shall have same effect, from the date of service, as if originally proper in form).
34-243r Service of process on a Limited Liability Company (LLC) or registered foreign limited liability company.
33-663 Service of process on a corporation (Connecticut stock).
33-1053 Service of process on a corporation (Connecticut non-stock).
33-929 Service of process on a foreign corporation (created under the laws of another state or foreign country; stock).
33-1229 Service of process on a foreign corporation (created under the laws of another state or foreign country; non-stock).
38a-25 & Insurance Commissioner as agent for service circumstances and procedure for service.
38a-26
52-583 Statute of limitations on actions against state marshal (two years for claim of state marshal’s neglect or default of state marshal’s office or duty).
Connecticut Practice Book
The Judicial Branch issues a Connecticut Practice Book annually. The Practice Book sets forth the rules governing lawyers and judges and the procedures for the Judicial Branch. It is important that state marshals are familiar with the Practice Book, as it contains information regarding service of process.
Forms
The following is a list of the common forms utilized for civil process. Note that these forms are updated frequently by the Judicial Branch. Accordingly, it is important to verify that the most current form has been utilized. These forms are available at the Forms section of the Judicial Branch website located at: http://www.jud.ct.gov
JD-CV-001 Summons - Civil
JD-CV-120 Application For Waiver of Fees - Civil, Housing, Small Claims
JD-FM-003 Summons, Family Actions
JD-FM-075 Application For Waiver of Fees/Appointment of Counsel, Family
Civil E-Filing
For most civil matters, certain family matters (dissolution of marriage, legal separation, annulment, and civil union - dissolution, legal separation and annulment), and housing matters filed after October 1, 2015 or March 1, 2016 (depending on the relevant courthouse) e-filing is mandatory for parties represented by attorneys and optional for self-represented parties. There are some types of matters for which e-filing is not available. For instance, e-filing is not available in certain family matters or in any civil matter where a fee waiver has been granted. Please see the Judicial Branch website at www.jud.ct.gov Opens in a new window Opens in a new window Opens in a new window Opens in a new window Opens in a new window Opens in a new window Opens in a new window for more information about the types of cases that are able to be e-filed at this time.
The Chief Court Administrator for the Judicial Branch has issued E-Services Procedures and Technical Standards for electronic services offered by the Branch. These services include facsimile filing, e-filing, short calendar markings, small claims and electronic citations. The E-Services system is limited to the following enrolled users:
- Attorneys: enrolled attorneys, law firms, and employees of the law firm under the supervision of an enrolled attorney. E-filing is mandatory for this category of filers for cases where e-filing is available;
- Designated filers: state marshals authorized by an attorney to be a designated filer. Access to the E-Services system for designated filers is limited to e-filing case initiation documents and paying the filing fee on the attorney’s behalf; and
- Self-represented parties: self-represented parties may enroll and participate in e-filing where it is available, however it is optional. Self-represented parties may not authorize a state marshal to be a designated filer in order to e-file case initiation documents.
The Judicial Branch has created a designated filer status for state marshals to use when e-filing case initiation documents and/or when paying the filing fee on behalf of an attorney. Note that it is not mandatory for a state marshal to be an authorized designated filer for an attorney. Accordingly, a marshal may opt to return the original writ and his or her return to the attorney for formatting and e-filing. As noted above, a self-represented party is not permitted to authorize a state marshal to be a designated filer and, accordingly, if the self-represented party opts to use the e-filing system in a matter, the marshal must return the original writ and his or her return to the self-represented party for formatting and e-filing.
If a marshal has been authorized by an attorney as a designated filer, he or she must register with E-Services and obtain his or her own login credentials (User ID and password) independent of the attorney’s login credentials. In addition, the attorney must login to the E-Services system and authorize the designated filer to e-file the case initiation documents for a particular matter. Any electronic transactions conducted by a designated filer are presumed to be authorized by the attorney/law firm whose juris number was used by the designated filer.
Only PDF documents may be e-filed. Accordingly, if a state marshal is a designated filer, he or she must first scan and format the case initiation documents as a PDF document in order to file them. In addition, there are size restrictions for e-filed documents. Please see the Judicial Branch website for more information. After filing, you will receive an e-filing confirmation page which confirms that the e-filing was successfully uploaded. You should keep a copy of this page for your records. Note that documents that are e-filed are not screened by the court for content, legibility or other issues. You must review the documents upon filing to confirm that the document contains the correct case caption and is complete, properly formatted and legible. Note that, if mistakes are made during the e-filing process, such as uploading the incorrect document, uploading an illegible document, or incorrectly data entering case information, they may be corrected by the attorney by filing the relevant motion or request.
Note that, for all e-filed cases initiated with a return date of January 1, 2010 and later, with the exception of a bond filed in any action, the attorney is not required by the court to keep the original signed paper case initiation documents. A state marshal who is acting as a designated filer should send the original signed documents back to the attorney after filing, along with a copy of his or her return and the e-filing confirmation page. The marshal should also retain a copy of these documents for his or her records. The marshal may wish to keep a copy of the e-filed writ.
Attorneys and self-represented parties enrolled in the E-Services system may access the entire content of a file online. State marshals who are designated filers have limited access to the E-Services system and may only view the case initiation documents that he or she has filed. If you wish to view the entire contents of an e-filed matter, public access to all non-sealed electronic documents in matters pending statewide is available at public access computers in every Judicial District courthouse. You do not have to be in the specific Judicial District courthouse in which the matter is pending to view e-filed items from one of the public access computers. Public access from a location other than a judicial district courthouse is more limited.
The information in this Manual represents a summary and is not a substitute for information available directly from the Judicial Branch. Information about the E-Services system is available on the Judicial Branch website at: https://www.jud.ct.gov Opens in a new window Opens in a new window Opens in a new window Opens in a new window Opens in a new window Opens in a new window. State marshals who are designated filers should review this webpage periodically to see if there are any changes or updates regarding e-filing policies and procedures.
OUT-OF-COUNTY
State Marshal WORK
State marshals hold power and authority by virtue of their appointment in one of eight counties in Connecticut. The general rule is that a state marshal may exercise his or her powers only within his or her county of appointment (also known as a precinct). There are some limited instances where a marshal has statutory authority to act outside of his or her county of appointment. General Statutes § 52-56 sets forth certain instances where a state marshal may conduct service of process or executions outside of his or her county of appointment as summarized below. Other statutes authorize service by publication or certified mail or, in the case of wage executions, service at an out-of-county address designated by an employer.
Actions with Multiple Defendants/Garnishees: Where there are two or more defendants/garnishees in a civil action, and at least one of the defendants/garnishees resides in the state marshal’s county, the state marshal may serve the defendant/garnishee in his or her county and then may go out of his or her county to serve the remaining defendants/garnishees. See General Statutes § 52-56 (b). Note that if a state marshal utilizes this extension of precinct, the returns for the out of county defendants/garnishees should note this extension and state the name and address of the in-county defendant/garnishee served. A state marshal who exercises this authority to work out of his or her county of appointment should keep a copy of his or her return or other documentation showing that the state marshal served at least one defendant/garnishee in his or her county. Note that, in this scenario, the state marshal may also serve the in-county defendants/garnishees and then deliver the process to a marshal in the other county for service on defendants/garnishees in that county. If this option is exercised, all serving marshals must endorse their actions as to the service on the process and the marshal who completes the service shall return the process to court.
Please note that, when a state marshal is commencing a civil action, he or she may not go out of his or her county unless at least one of the defendants/garnishees resides in his or her county. This means that if all of the defendants/garnishees reside in another county, the marshal may not serve the summons. Please note, however, that service of a summons on the Secretary of the State, the Commissioner of Motor Vehicles, the Attorney General, or the Insurance Commissioner is deemed to be commencing the action in the serving marshal’s county. See General Statutes § 52-56 (c). Accordingly, if a state marshal serves the summons on one of these articulated state offices, then that state marshal would be permitted to serve any remaining out of county defendants/garnishees.
Actions Commenced in County: Where a state marshal has commenced a civil action by serving the writ, summons and complaint on at least one defendant within his or her county of appointment, he or she may go out of county to secure property on prejudgment attachments or garnishments. See General Statutes § 52-56 (a). In addition, the marshal who commenced the action may later go out of county to execute post-judgment wage executions, financial institution executions, and property executions ordered in the matter. Note that if a state marshal utilizes this extension of precinct, the return should indicate that the state marshal initiated the action in his or her county and list the in-county address where the process was initially served. A state marshal who exercises this authority to work out of his or her county of appointment should keep a copy of his or her return or other documentation showing that the state marshal commenced the underlying civil action by serving the initial process.
Service on Certain State Offices: In any action where process is permitted to be served upon the Secretary of the State, the Commissioner of Motor Vehicles, the Attorney General or the Insurance Commissioner, a state marshal appointed in any county may make such service. See General Statutes § 52-56 (c). In addition, as noted above, service on one of these state offices constitutes commencement of service in that state marshal’s county such that he or she may complete service on other defendants/garnishees residing out of his or her county.
Capias Warrants: A state marshal appointed in any county may execute a capias warrant issued by a court or family support magistrate statewide. See General Statutes § 52-56 (d).
Service on Inmates in Correctional Centers: A state marshal appointed in any county may serve a person confined in any correctional institution or community correctional center located in Connecticut. See General Statutes § 52-56 (e).
Service of Wage Executions on Designated Out-of-County Office: A Connecticut employer may specifically designate an out of county or out of state office (e.g. a payroll office/or executive headquarters) to receive service of wage executions. In such instances, the state marshal may serve the wage execution on the employer by certified mail, return receipt requested, sent to the designated out of county or out of state office. See General Statutes § 52-361a (d), as amended by Public Act 16-64. Note that if a state marshal serves an employer under this provision, the return should so indicate.
Reference:
Administrative Bulletin 12-02 DMV Drop Box
Administrative Bulletin 12-12 Service of Process upon the DMV
