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Part 36 — Procedure Prior to Appearance

36-1 Arrest by Warrant; Issuance
36-10 Failure To Respond to Summons D
36-11 Information and Complaint; Use
36-12 Issuance of Information
36-13 Form of Information
36-14 Former Conviction in Information
36-15 Filing and Availability of Information
36-16 Amendments; Minor Defects
36-17 Substantive Amendment before Trial
36-18 Substantive Amendment after Commencement of Trial
36-19 Request by Defendant for Essential Facts D
36-2 Affidavit in Support of Application, Filing, Disclosure D
36-20 Continuance Necessitated by Amendment
36-21 Joinder of Offenses in Information
36-22 Joinder of Defendants
36-3 Contents of Warrant
36-4 Direction by Judicial Authority for Use of Summons
36-5 Execution and Return of Warrant
36-6 Cancellation of Warrant
36-7 Summons; Form of Summons and Complaint D
36-8 Issuance of Summons by Prosecuting Authority in Lieu of Arrest Warrant
36-9 Service of Summons

Part 37 — Arraignment

37-1 Arraignment; Timing, Alternative Proceedings D
37-10 Taking of Plea when Information in Two Parts
37-11 Notice to Defendant when Information in Two Parts
37-12 Defendant in Custody; Determination of Probable Cause D
37-2 Information and Materials To Be Provided to the Defendant Prior to Arraignment
37-3 Advisement of Constitutional Rights
37-4 Collective Statement Advising of Constitutional Rights
37-5 Reference to Public Defender; Investigation of Indigency
37-6 Appointment of Public Defender
37-7 Pleas; In General
37-8 Plea of Guilty or Nolo Contendere
37-9 Plea of Not Guilty

Part 38 — Pretrial Release

38-1 Release from Custody; Superior Court Arrest Warrant where Appearance before Clerk Required
38-10 Factors To Be Considered by the Judicial Authority in Release Decision
38-11 Request for Judicial Determination of Release
38-12 Attorneys Not Allowed To Give Bonds
38-13 Bail Modification; In General
38-14 Motion of Parties for Bail Modification
38-15 Application of Bail Commissioner
38-16 Application of Surety
38-17 Hearing on Motion or Application for Modification of Bail
38-18 Review of Detention Prior to Arraignment, Trial or Sentencing D
38-19 Violation of Conditions of Bail; Order To Appear
38-2 Release Following Any Other Arrest; Release by Law Enforcement Officer or Probation Officer Serving Warrant
38-20 Sanctions for Violation of Conditions of Release
38-21 Forfeiture of Bail and Rearrest Warrant D
38-22 Rebate of Forfeited Bonds D
38-23 Discharge of Surety's Obligation
38-3 Release by Bail Commissioner or Intake, Assessment and Referral Specialist
38-4 Release by Judicial Authority D
38-5 Release by Correctional Officials D
38-6 Appearance after Release D
38-7 Cash Bail
38-8 Seven Percent Cash Bail
38-9 Real Estate Bond D

Part 39 — Disposition Without Trial

39-1 Procedure for Plea Discussions; In General
39-10 Rejection of Plea Agreement
39-11 Disposition Conference; Assignment of Jury Cases
39-12 Effect of Previous Plea Discussions on Disposition Conference
39-13 Attendance at Disposition Conference
39-14 Nature of Disposition Conference; In General
39-15 Inability To Reach Agreement
39-16 Notice of Agreement to Judicial Authority
39-17 Effect of Disposition Conference
39-18 Plea of Guilty or Nolo Contendere; Entering
39-19 Acceptance of Plea; Advice to Defendant
39-2 Discussions with Defendant
39-20 Ensuring That the Plea Is Voluntary
39-21 Factual Basis for Plea
39-22 Pleading to Other Offenses after Guilty Finding
39-23 Previous Offender; Plea to Second Part
39-24 Record of Proceedings regarding Guilty Pleas
39-25 Inadmissibility of Rejected Guilty Pleas
39-26 Withdrawal of Plea; When Allowed
39-27 Grounds for Allowing Plea Withdrawal
39-28 Effect of Plea Withdrawal
39-29 Nolle Prosequi
39-3 Role of Defense Counsel
39-30 Objection by Defendant to Nolle Prosequi
39-31 Effect of Nolle Prosequi
39-32 Dismissal
39-33 Miscellaneous Dispositions
39-4 Subject Matter of Discussion
39-5 Plea Agreements; Upon Plea of Guilty or Nolo Contendere
39-6 Alternate Agreements
39-7 Notice of Plea Agreement
39-8 Sentencing after Acceptance of Plea Agreement
39-9 Continuance for Sentencing

Part 40 — Discovery and Depositions

40-1 Discovery in General; Regulating Discovery
40-10 Custody of Materials
40-11 Disclosure by the Prosecuting Authority D
40-12 Discretionary Disclosure Directed to Prosecuting Authority
40-13 Names of Witnesses; Prior Record of Witnesses; Statements of Witnesses D
40-13A Law Enforcement Reports, Affidavits and Statements D
40-13B Notice by Prosecuting Authority of Intention To Use Prior Uncharged Sexual Misconduct Involving a Person Other Than the Victim in Sexual Assault Cases D
40-14 Information Not Subject to Disclosure by Prosecuting Authority
40-15 Disclosure of Statements; Definition of Statement
40-16 Request for Recess by Defendant upon Receipt of Statement
40-17 Defense of Mental Disease or Defect or Extreme Emotional Disturbance; Notice by Defendant D
40-18 Notice by Defendant of Intention To Use Expert Testimony regarding Mental State; Filing Reports of Exam D
40-19 Prosecutorial Motion for Psychiatric Examination D
40-2 Good Faith Efforts and Subpoenas
40-20 Failure of Expert To Submit Report
40-21 Defense of Alibi; Notice by Defendant D
40-22 Notice by Prosecuting Authority concerning Alibi Defense D
40-23 Continuing Duty of Parties To Disclose regarding Alibi Defense
40-24 Exceptions
40-25 Inadmissibility of Withdrawn Alibi
40-26 Disclosure by Defendant; Information and Materials Discoverable by Prosecuting Authority as of Right D
40-27 Discretionary Disclosure Directed to Defendant
40-28 Derivative Evidence
40-29 Protective Orders Requested by Defendant
40-3 Continuing Obligation To Disclose
40-30 Admissibility at Time of Trial
40-31 Information Not Subject to Disclosure by Defendant
40-32 Obtaining Nontestimonial Evidence from Defendant
40-33 Emergency Procedure regarding Nontestimonial Evidence
40-34 Scope of Order for Nontestimonial Evidence
40-35 Contents of Order
40-36 Service of Order
40-37 Implementation of Order D
40-38 Obtaining Nontestimonial Evidence from Defendant upon Motion of Defendant
40-39 Comparing Nontestimonial Evidence
40-4 Limitations on Requests or Motions
40-40 Protective Orders; Relief
40-41 Grounds for Protective Order
40-42 In Camera Proceedings
40-43 Excision as Protective Order
40-44 Depositions; Grounds D
40-45 Failure To Appear for Deposition
40-46 Use of Deposition
40-47 Notice and Person Taking Deposition
40-48 Protective Order Prior to Deposition
40-49 Manner of Taking Deposition
40-5 Failure To Comply with Disclosure
40-50 Scope of Examination at Deposition
40-51 Objections at Depositions
40-52 Protective Order during Deposition
40-53 Return of Deposition
40-54 Right of Defendant To Be Present and Represented at Deposition
40-55 Waiver of Presence and Failure To Appear at Deposition D
40-56 Definition of Unavailable
40-57 Taking and Use in Court of Deposition by Agreement
40-58 Expenses of Deposition and Copies
40-6 Discovery Performance
40-7 Procedures for Disclosure
40-8 Objection to Disclosure D
40-9 Presence during Tests and Experiments

Part 41 — Pretrial Motions

41-1 Pretrial Motion Practice; Exclusive Procedures
41-10 Defects Not Requiring Dismissal
41-11 Remedies for Minor Defects Not Requiring Dismissal
41-12 Motion To Suppress
41-13 Return and Suppression of Seized Property
41-14 Suppression of Intercepted Communications
41-15 Time for Filing Motion To Suppress
41-16 Effect on Seized Property of Granting Motion
41-17 Particular Judicial Authority May Not Hear Motion
41-18 Severance of Offenses
41-19 Trial Together of Informations
41-2 Matters To Be Raised by Motion
41-20 Bill of Particulars; Time for Filing
41-21 Content of Bill
41-22 Furnishing of Bill
41-23 Transfer of Prosecution; Grounds
41-24 Time for Motion To Transfer
41-25 Proceedings on Transfer
41-3 Pretrial Motions and Requests
41-4 Failure To Raise Defense, Objection or Request
41-5 Time for Making Pretrial Motions or Requests D
41-6 Form and Manner of Making Pretrial Motions
41-7 Hearing and Ruling on Pretrial Motions
41-8 Motion To Dismiss
41-9 Restriction on Motion To Dismiss

Part 42 — Trial Procedure

42-1 Jury Trials; Right to Jury Trial and Waiver
42-10 Selection of Jury; Jurors Who Are Deaf or Hard of Hearing
42-11 Preliminary Proceedings in Jury Selection
42-12 Voir Dire Examination
42-13 Peremptory Challenges
42-14 Oath and Admonitions to Trial Jurors
42-15 Motion in Limine
42-16 Requests To Charge and Exceptions; Necessity for
42-17 Filing Requests
42-18 Form and Contents of Requests To Charge
42-19 Charge Conference
42-2 Two Part Information
42-20 Submission for Verdict; Role of Judicial Authority in Trial
42-21 Jury Deliberations
42-22 Sequestration of Jury
42-23 Materials To Be Submitted to Jury
42-24 Modification of Instructions for Correction or Clarification
42-25 Other Instructions after Additional Instructions
42-26 Jury Requests for Review of Testimony
42-27 Jury Requests for Additional Instructions
42-28 Deadlocked Jury
42-29 Verdict; Return of Verdict
42-3 Size of Jury
42-30 Acceptance of Verdict
42-31 Poll of Jury after Verdict
42-32 Discharge of Jury
42-33 Impeachment of Verdict
42-34 Trial without Jury
42-35 Order of Parties Proceeding at Trial
42-36 Sequestration of Witnesses
42-37 Time Limits in Argument D
42-38 Order of Proceeding of Defendants
42-39 Judicial Appointment of Expert Witnesses
42-4 Challenge to Array D
42-40 Motions for Judgment of Acquittal; In General
42-41 At Close of Prosecution's Case
42-42 At Close of Evidence
42-43 Motion for Mistrial; For Prejudice to Defendant
42-44 For Prejudice to State
42-45 Jury's Inability To Reach Verdict
42-46 Control of Judicial Proceedings; Restraint of Disruptive Defendant
42-47 Removal of Disruptive Defendant
42-48 Cautioning Parties and Witnesses
42-49 Closure of Courtroom in Criminal Cases D
42-49A Sealing or Limiting Disclosure of Documents in Criminal Cases D
42-5 Disqualification of Jurors and Selection of Panel
42-50 Motion for Judgment of Acquittal; After Mistrial
42-51 Upon Verdict of Guilty
42-52 Time for Filing Motion for Judgment of Acquittal D
42-53 Motion for New Trial; In General
42-54 Time for Filing Motion for New Trial D
42-55 Time for Filing Motion for New Trial Based on Newly Discovered Evidence
42-56 Motion in Arrest of Judgment
42-6 View by Jury of Place or Thing Involved in Case
42-7 CommunicationsbetweenJudicial Authority and Jury
42-8 Communications between Parties and Jurors
42-9 Juror Questions and Notetaking

Part 43 — Sentencing, Judgment and Appeal

43-1 Posttrial Release Following Appeal by Prosecuting Authority
43-10 Sentencing Hearing; Procedures To Be Followed D
43-11 Role at Sentencing of Prosecuting Authority
43-12 Role of Prosecuting Authority at Sentencing when There Was a Plea Agreement
43-13 Familiarization with Report by Defense Counsel
43-14 Correction of Report Indicated by Defense Counsel
43-15 Undisclosed Plea Agreement
43-16 Submission of Supplementary Documents by Defense Counsel
43-17 Payment of Fines; Inquiry concerning Ability
43-18 Incarceration for Failure To Pay
43-19 Payment and Satisfaction
43-2 Posttrial Release Following Conviction
43-20 Mittimus
43-21 Reduction of Sentence or Discharge of Defendant by Sentencing Court D
43-22 Correction of Illegal Sentence
43-23 Sentence Review; Appearance of Counsel
43-24 Time for Filing Application for Sentence Review D
43-25 Preparation of Documents by Clerk
43-26 Additional Material for Sentence Review
43-27 Hearing on Sentence Review Application
43-28 Scope of Review
43-29 Revocation of Probation
43-29A Notice of Motions To Modify or Enlarge Conditions of Probation or Conditional Discharge or Terminate Conditions of Probation or Conditional Discharge
43-3 Presentence Investigation and Report; Waiver; Alternative Incarceration and Plan D
43-30 Notification of Right To Appeal
43-31 Stay of Imprisonment upon Appeal
43-32 Stay of Probation upon Appeal
43-33 Appointment of Initial Counsel for Appeal by Indigent Defendant D
43-34 Attorney's Finding That Appeal Is Wholly Frivolous; Request by Initial Counsel To Withdraw
43-35 Submission of Memorandum of Law D
43-36 Finding That Appeal Is Frivolous
43-37 Finding That Appeal Is Not Frivolous
43-38 Disqualification of Presiding Judge
43-39 Speedy Trial; Time Limitations D
43-4 Scope of Investigation or Assessment
43-40 Excluded Time Periods in Determining Speedy Trial D
43-40A Included Time Period in Determining Speedy Trial; Failure To Comply with Disclosure by Prosecuting Authority
43-41 Motion for Speedy Trial; Dismissal D
43-42 Definition of Commencement of Trial
43-43 Waiver of Speedy Trial Provisions
43-5 Participation of Defense Counsel in Report Preparation
43-6 Period of Continuance To Complete Report
43-7 Persons Receiving Report D
43-8 Prohibition against Making Copies
43-9 Use and Disclosure of Reports

Part 44 — General Provisions

44-1 Right to Counsel; Appointment in Specific Instances
44-10 Where Presence of Defendant Not Required
44-10A Where Presence of Defendant May Be by Means of an Interactive Audiovisual Device
44-11 Docketing and Scheduling in General of Criminal Cases
44-12 Control of Scheduling
44-13 Scheduling for Proceedings before Trial; Continuances D
44-14 Assignments for Plea in Judicial District Court Location D
44-15 Scheduling at Entry of Plea D
44-16 Scheduling from Trial List
44-17 Motion To Advance
44-18 Continuances
44-19 Reference to Judge Trial Referee
44-2 Appointment in Other Instances
44-20 Appointment of Guardian Ad Litem
44-21 Infractions and Violations; When Treated as an Offense
44-22 Form of Summons and Complaint for Infractions and Violations
44-23 When Custody Not Required
44-24 When Custody Required
44-25 Plea of Nolo Contendere to Infraction or Violation
44-26 Pleas of Not Guilty to Infraction or Violation
44-27 Hearing of Infractions, Violations to Which Not Guilty Plea Filed D
44-28 Location of Infractions Bureau and Role of Clerks
44-29 Powers of Centralized Infractions Bureau
44-3 Waiver of Right to Counsel
44-30 Hearing by Magistrates of Infractions and Certain Motor Vehicle Violations D
44-31 Motion To Quash Subpoena Pursuant to Inquiry into Commission of Crime
44-32 Fees and Expenses; Return of Subpoenas
44-33 Indigent Witnesses
44-34 Fees for Witnesses
44-35 Officer's Fees on Extradition; Habeas Corpus
44-36 Fee on Motion To Open Certain Judgments
44-37 Definition of Terms D
44-4 Standby Counsel for Defendant Self-Represented
44-5 Role of Standby Counsel
44-6 Standby Counsel for Disruptive Defendant
44-7 Presence of Defendant; Attire of Incarcerated Defendant or Witness
44-8 When Presence of Defendant Is and Is Not Required at Trial and Sentencing
44-9 Obtaining Presence of Unexcused Defendant at Trial or Sentencing

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Connecticut Rules of Criminal Procedure

Part 38 · Pretrial Release

Rule 38-10. Factors To Be Considered by the Judicial Authority in Release Decision

Amended January 1, 2026 (current)

[Repealed as of Jan. 1, 2006.]

Source: Conn. Practice Book § 38-10 (pdf p. 402)

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